An interesting bit of Florida info

[agesilaus]

My son recently became a LEO and I asked him a question. I have heard over the years that police give you a 5  mph buffer over the speed limit Before issuing a ticket. Well in Florida only, do not depend on this ib other states, the fine for 1 to 5  mph over the limit is zero dollars, most police will not bother stopping you unless they have some other reason.

The local department, he works for, usually will not definitely issue a ticket for less than 15 mph over. 10-15 is optimal and you may get either a ticket or a warning. So once again FLORIDA ONLY.

 

Edited December 27, 2022 by agesilaus

[Randyretired]

It certainly depends on the jurisdiction. The small town near us may write at 1 to 5mph over and likely to write anything over that. It also depends a little on the LEO.  There is at least one up there that may let 1 to 5 slide.

 

 

[Chalkie]

A retired LEO friend of mine said they would give the 5mph grace only because they had to be really confident in when the radar was last calibrated as the local judge often dismissed them for that reason.

[Ray,IN]

It's my impression from spending many winters in Ft. Myers Beach, the police are very forgiving with out-of-state speeders especially.

As to 1 MPH over the limit; a friend and I were driving onto Ft. Harrison Army base many years ago. He was ticketed for 31 in a 30 MPH zone, into federal court. He contested the ticket in court. The judge asked him his argument, my friend said " my speedometer reads 25,30, 35, and so on. My speedometer needle was covering the 30 MPH mark". The judge dismissed the speeding ticket.

[GlennWest]

My cruise control won't even keep that accurate a speed much less my foot

[Dutch_12078]

It's interesting that Federal law 49 CFR §393.82 requires bus, truck, and truck-tractor speedometers to be accurate within 5 MPH at 50 MPH, but I have not been able to verify the 5% tolerance for passenger cars that I've seen mentioned several times.

[GlennWest]

Don't believe anyone runs within 5 mph of speed limit in Texas. I be speeding and they fly by me.

[dartmouth01]

I have some LEO friends that say some of them are more ticket happy than others. Im sure there is alot of variability, depending on who pulls you over.

[Kirk W]

14 hours ago, agesilaus said:

The local department, he works for, usually will not definitely issue a ticket for less than 15 mph over.

Are you then saying that if someone is driving 40 mph in a 30 mph zone the FL officers will ignore it? At present there aren't any active officers that I know well but I have friends who are retired from 3 different TX city police departments and all 3 say that the policy of the jurisdiction where they worked was based on where the offence took place. They all agreed that in a school zone the variance allowed as less than 5 mph and 2 of them indicated that the rule where they worked was to ticket if the actual speed was more than 10% greater than the posted speed. All 3 agreed that 5 - 10 mph over was generally ignored on a major highway with posted speeds of 65 mph or greater and that officer involved was also a major factor. All 3 agree that if you are caught by an officer who has recently worked a fatal accident you will almost always get ticketed before 10 mph over and that if you are caught by an officer who is very tired and near the end of his shift you might get away with 15 mph or even more. If you happen to get caught by one of the multi-officer speed enforcement teams, then you will probably be waved over for anything more than 5 mph with a warning if under 10 mph in Dallas or Ft Worth.

Edited December 28, 2022 by Kirk W
typo

[Pappy Yokum]

It (usually) all depends on:  The officer, the "offender's attitude", but most importantly how "grievous" the infraction.

I have LEO friends and relatives employed (or retired from):  Los Angeles County Sheriff, Los Angeles City (LAPD), Orange County Sheriff (CA), and various cities in L.A. and O.C. (which have their own PDs). I don't personally know any CHP officers - but when the So.CA freeways are *not* congested (like rush hours) - speeds may be in the range of 75 to 80 mph (in a posted 65). *If* the CHP had enough units they could write "greetings" all day long.  However, if you're not the "point man" they usually have more important things to do.  If you're obeying the posted limit - better mover over!!

Late 1990's -  in the San  Bernardino Mountains, on a two-lane twisting highway, the local CHP officer would cite if you "drifted" even one wheel over the double yellow!  He told a guy I know who was cited - he even purchased his own radar gun (as the CHP didn't issue them).

My OC County Sheriff neighbor said during the pandemic, the CHP had stopped issuing "routine" citations - never knew if that was fact or rumor.

In the jurisdiction where I was employed, there was an officer who was known (even by his fellow LEOs) who would write his own mother for that 5mph over.  (He actually wrote his supervisor's wife for a minor infraction!) Another would sit about 150 ft past an intersection in his cruiser (plainly visible from the road) - radar-ing the cars that passed.  At one time we asked him how much leeway he gave the speeders.  Ans:  "I only write them for 15mph over the limit as they never go to court.....and I can still write as many as I have time for!"

Another motor officer who regularly came into our FS to use the computer, arrived one day about 15 minutes after his shift started.  One of the guys "pulled his chain", saying:  "aren't you supposed to be out writing citations?"  Ans:  I've been on duty for 15 minutes and I've already written ten!"  How'd you do that?  "I left the station, went to Main St & Pacific Coast Highway, pulled up next to a car with 5 guys in it.  No seat belts on.  Pulled them over for a warning.  The driver was a smart azz, so all five were cited.  While I was putting my ticket book away, I noticed they drove down PCH, about two blocks, pulled over on the inland side of the busy highway, and proceeded to J-walk across - for five more!"

Could go on and on.... as lots of LEOs -especially motor officers - spend a lot of time in Fire Stations to "use the facilities" and/or a desk for paper work.

**Dec. 29, 2022.  Rest in Peace, Riverside County CA Sheriff's Deputy, Motor Officer Isaiah Cordero.  (Killed in the line of duty during a traffic stop by a 3-strike offender who should have been in jail.)

~

 

Edited January 2, 2023 by Pappy Yokum
RIP added.

[TXiceman]

State Police we met in Texas said the person's attitude and politeness has a lot to do with the outcome of a stop.  He can either talk himself out of a ticket or mouth his way into a ticket.  The officers are just trying to do a job, so don't make life hard for him or her.

Ken

[bruce t]

OK consider this! My speedo is calibrated, tested etc etc and found to be spot on. A week later I put new tyres on. New tyres naturaly have a larger diameter. Thus a larger distance for a given revolution. So with the old tyres my speedo showed 30mph. New tyres and same speedo reading but because my tyres are larger the LEOs radar show a higher speed. Follow my logic?

So I personally don't believe any of the 1mph speeding ticket stories. No LEO will take being knocked of in court on those sorts of variables.

Yes I know about electronic v cable v gps Speedos. Just saying that new v old tyres alone can give you a ticket? 

 

Edited January 2, 2023 by bruce t

[Dutch_12078]

Some years ago I was stopped for speeding by a NY state trooper for 15 over on a state highway. I knew he was right and didn't argue with him. As he stood next to my door writing some notes, he complained that his pen had quit. Without thinking, I took the pen out of my shirt pocket and handed it to him. He thanked me and went back to his unit with my license, etc. A few minutes later he came back and handed me my pen and a "Speed Kills" pamphlet, saying he just couldn't bring himself to write me a ticket with my own pen and I should just slow down. I thanked him and told him he could keep the pen...

[Kirk W]

7 hours ago, TXiceman said:

He can either talk himself out of a ticket or mouth his way into a ticket. 

That is just human nature and I am sure that it is true of nearly every LEO out there. Years ago I had a lengthily discussion with 2 LEO's that I was attending night college courses with about what one can to to make the officer more comfortable when you do get pulled over and what can make his job easier and his mood better. Since making that my practice, I can think of at least 3 incidents when I clearly deserved to be ticketed but was let go with a warning and the officer let me know that my attitude was the reason for only getting a warning.  That conversation was more than 40 years ago now and the 3 incidents were in 3 different states but the simple things remain unchanged and they still work.

3 hours ago, bruce t said:

Yes I know about electronic v cable v gps Speedos. Just saying that new v old tyres alone can give you a ticket? 

When we lived in WY and I traveled the state in my work, the WY patrolmen had CB radios as I did and most would talk with you. Just after getting new tires of a larger size on my company truck I called an officer as I passed through his radar and asked for a speed check when traveling at 45 mph and found that he registered 47. Today, I have a GPS running most of the time when traveling and find it very interesting to compare that to my speedometer. At speeds below 50, my 2019 car is usually no more than 1 mph different than the GPS reads but as I increase speed the speedometer is nearly always 1 or 2 mph slow and sometimes more than that. On flat, dry pavement, steady speeds will in time get very close to matching or match but if accelerating, climbing, or wet roads there is pretty much always a few mph difference with the GPS always less than the speedometer. My mechanical engineer friend has always said that there is at least some slippage of drive wheels on the highway and this observation tends to support that belief. The same is true of the observed leniency of LEO's toward a few mph above the set speed limits but I also believe that the amount of leniency drops as speed limits drop with very little of it in places such as school zones. 

[Dutch_12078]

3 hours ago, bruce t said:

OK consider this! My speedo is calibrated, tested etc etc and found to be spot on. A week later I put new tyres on. New tyres naturaly have a larger diameter. Thus a larger distance for a given revolution. So with the old tyres my speedo showed 30mph. New tyres and same speedo reading but because my tyres are larger the LEOs radar show a higher speed. Follow my logic?

So I personally don't believe any of the 1mph speeding ticket stories. No LEO will take being knocked of in court on those sorts of variables.

Yes I know about electronic v cable v gps Speedos. Just saying that new v old tyres alone can give you a ticket? 

 

Even variations in the tire air pressure affect speedometer readings slightly, so yes, I question some of those 1 over stories too. I trust the accuracy of the speed shown on my GPS display more than the speedometer.

[bruce t]

Way back in the late 1970s I was pulled over by a local highway patrol officer. (Big gun here in Australia). He gave me a ticket for speeding. A week later I was the first on the scene when a motorbike hit a car. The bike rider was alive but literally in bits on the road. The next to arrive was that same highway patrol officer. Between us we gathered up the biker riders leg and other bits and put them under a blanket my wife gave us. While we waited for the ambo that officer and me went through hell with the biker. He died shortly after being put in the ambulance. After that incident I had a much greater appreciation for the work LEOs do. That officer and I became good friends. 

Sorry. A bit off topic. But I see way too much police hate nowadays and folks need to realize that it's not an easy job. Defund to police? Are those folks nuts? 

 

[Pappy Yokum]

14 hours ago, bruce t said:

 

So I personally don't believe any of the 1mph speeding ticket stories. No LEO will take being knocked of in court on those sorts of variables.

 

 

The recipient of the citation will never know if the LEO will go to court or not - until the recipient enters a plea.  Most will simply pay the fine. The LEO won't be "knocked of" (??) if he/she doesn't show up.

"John" (won't use his full name) the LEO I referred to in my post was a "by the book" officer in a city of 100K residents. If the speed limit was 45 mph, it was 45 mph - not 46!  All the safety personnel knew who he was and how he enforced the law.  It was also probably why the PD never moved him to some other assignment.

Most people who are/were cited did not want to take the time off from work to go to court - which would require two sessions (to enter a plea, then to go to trial).  Judges often "side" with the LEO - even if they think it's "heavy-handed" (driver's attitude?) However,  *some* judges will/would accept an "explanation" (ex:  the speedo thing), without entering a plea or the need to go to trial - and dismiss the citation.  Some may insist on a plea - they want the full story. (It is/was a coin toss then and now!)

Note: Currently - To eliminate the above, a person pleading not guilty to a traffic citation will be charged for the court and/or jury costs of he/she loses his/her case.

Another example of "John's" style of enforcement - direct from one of his fellow LEO's, I'll call "Bob". Bob was exiting the 405 fwy in Orange County CA on his way to work.  He was driving his personal car.  The freeway exit is actually in the adjoining city.  Bob saw the Motor Officer observing the off-ramp exit - sitting in the adjoining city's jurisdiction....presumably to see if motorists made a full stop at the stop sign.  Bob was surprised when the Motor Officer (John)  "lit him up"!!  Once at the passenger side of the Bob's car, John realized it was another officer from his  jurisdiction (rather than a "civilian").  Bob told John -in no uncertain terms- what he thought of him - AND - that he had made a complete stop - no matter who was providing enforcement!

The above was related to me by Bob when he was completing some reports in the station where I worked.  I had asked him what he thought of John.  Needless to say is was *NOT* flattering - and I can only wonder what "blue" words were exchanged at the off-ramp location........as Bob added, "that S*B knew d**n well who I was, but had his hand on his holster". 

BTW - When you were a "youngster" (under legal drinking age with new tyres on your "hot-rod" LOL) and were stopped for some infraction but had ...oops beer in the car - did the LEO order you to open the contents of the six-pack and pour it in the gutter - or did he "confiscate" it under the guise of "evidence"....and let you go "this one time"?

My opinion:  Some folks sure lived sheltered lives!

 

Edited January 3, 2023 by Pappy Yokum
typo

[Randyretired]

I have seen a difference in how aggressive the laws are enforced in small towns. Town income is always welcome in small towns.

A few years ago the county sheriff made a case for more LEO's but the county budget was tight.  An agreement was made to increase the LEO's with the understanding that most of their time would be road enforcement with enough citations to cover the additional cost. Those jobs were in jeopardy if the funds were not collected.  How forgiving do you think they were?

[Kirk W]

20 minutes ago, Randyretired said:

I have seen a difference in how aggressive the laws are enforced in small towns. Town income is always welcome in small towns.

That depends on where the revenue from traffic fines goes once collected and that varies widely from one state to another. In WY all such revenue goes to the school district where the offense took place. In CA revenue collected from penalty assessments are distributed to many different areas such as funds to conduct DNA collection, emergency medical services, criminal facilities, emergency air transportation, and maintenance for court houses and other court buildings. In KS, traffic fines collected by district (county) courts are remitted to the state treasury, and are distributed in the following manner: 10.949% to the crime victims compensation fund. 2.24% to the crime victims assistance fund. In FL the money is distributed throughout various government entities, with counties and clerks of courts receiving at least 70%, and the remainder going to the state's general revenue and trust funds. In TX money collected for court costs (such as those levied on traffic violations) is used to support both state general fund, county courts and State Judicial Computer System Augmentation Account. To know As far as I am able to find, there is no one site that answers the question of where that money goes so I looked up the states that I listed here as I only knew about 2 states when I began to look for answers. 

[rickeieio]

True story:   I was coming home from our daughter's graduation from Ball State in Indiana on a motorcycle.  It was late Saturday afternoon, and I was coming into a county known for traffic enforcement.  I passed a long line of cars, and as I pulled back into my lane, the second oncoming was a county patrol car.  I saw the nose of his car dip, so new I was toast.  At the next intersection, I pulled over, and by the time he flipped around and caught up, I had helmet and jacket off and was going through my wallet getting out license, etc.  He seemed surprised to see an old bald guy on a sport bike.  As he walked up, he said, "I clocked you at 82 in a 55."   "Thank you" I responded.  He gave me a funny look and I said, "You know I was going faster than that, you saw my headlight dip as I pulled back in traffic."  Yes, he responded, but the radar says 82.  I got a warning because A), I didn't make him chase me, and  I was honest with him.  

I've been pulled over 5 times for speeding ( three times on a motorcycle) in my 52 years of driving, and have gotten two warnings and no tickets.  Treat the cop like he's human and he might just treat you well too.

Last time I was pulled over was in Valentine, TX, buy a Texas Highway Patrol.  He gave me a warning for 44 in a 40, and another warning for expired d/l.  He also thanked me for making his job easy by having all my paperwork in a neat three ring binder with a copy of the laws and affidavit showing our Volvo was a legal motorhome.  We had a nice chat and I was on my way.

[Kirk W]

3 minutes ago, rickeieio said:

I got a warning because A), I didn't make him chase me, and  I was honest with him. 

Very similar to one of the incidents that I referred to, except that I was driving a CR-V. The officer took some time to turn around and come back and found me sitting waiting for him. When he asked me if I knew why to came after be I replied "because I did something really stupid." It seems that people who do as you & I did must be very rare from the way that officers react when we do.  If pulled over when in my car I always keep both hands on the top of the steering wheel so that they can be seen. 

[rickeieio]

The LEO actually told me that when he thought I was a kid on a sport bike, he thought I'd run.  I told him that while I was stupid enough to speed, I wasn't dumb enough to try to outrun his radio.  He was a good guy.

It may have helped that when he asked where I was going in such a hurry, I told him I was trying to get back to plant more corn that evening.  He remarked that he had been helping his dad plant earlier in the day.

[sandsys]

A different but true story. My friend was pulling out of a driveway when a cop came over the hill to his left. The cop turned around and pulled him over. Cop said, "Coming out of the driveway pretty fast weren't you" Friend said, "Coming over that hill pretty fast weren't you?" Passenger started laughing. They each got a ticket--the passenger for not wearing a seat belt.

Linda Sand