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reckless driving on i-59 argo,alabama

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recently i was pulled over on i-59 north in argo,alabama, i know i was speeding a little, but i was running with other cars, and i was in the fast lane, 2 cars were beside me in left lane, argo city was shooting radar, pulled me over and gave me a ticket for reckless driving said i was running 90 m.p.h. which i was not. i feel he pulled me over for running in left lane. i didnt think a city with less than 10,000 could police the interstate? i thought that was a law? this was not a state trooper it was a city police back up hiding behind concrete pillar on overpass. i would app. any help on this issue, because i was not reckless driving and will get an attorney to fight this before paying this ticket.

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i didnt think a city with less than 10,000 could police the interstate? i thought that was a law?

 

I see no such restriction in the Alabama Code. The provision on police jurisdiction is found in Alabama Code section 11-40-10(a), which states; “The police jurisdiction in cities having 6,000 or more inhabitants shall cover all adjoining territory within three miles of the corporate limits, and in cities having less than 6,000 inhabitants and in towns, such police jurisdiction shall extend also to the adjoining territory within a mile and a half of the corporate limits of such city or town.” Thus, if a portion of the highway runs through the limits described in that section, it would appear that the city police may indeed enforce the traffic laws on that portion.

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Guest FindLaw_Amir

You may want to visit the Traffic Laws Center and read Traffic Tickets as a good resource to learn more about this subject matter. If you need further clarification on your specific situation, you may consider signing up for a LegalStreet plan. With the plan, you have unlimited access to a local lawyer to ask your questions and the plan also offers discounted legal representation should you need it.

Disclosure: LegalStreet and FindLaw.com are owned by the same company.
 

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just found this alabama code sec.32-5A-171-8.(8) A law enforcement officer or a peace officer of any incorporated municipality or town which has less than 19,000 inhabitants according to the most recent federal decennial census shall not enforce this section on any interstate highway.

does this sound like i could use this in my case than he wasnt suppose to be patroling interstate? any ideas?

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just found this alabama code sec.32-5A-171-8.(8) A law enforcement officer or a peace officer of any incorporated municipality or town which has less than 19,000 inhabitants according to the most recent federal decennial census shall not enforce this section on any interstate highway.

does this sound like i could use this in my case than he wasnt suppose to be patroling interstate? any ideas?

 

You might succeed on that. Section 32-5A-171(8) prevents officers from cities and town of less than 19,000 people from enforcing the speed rules of § 32-5A-171. The one issue I can see with that is the prosecutor might instead try to convict you for failing to drive at “reasonable and prudent speed” under § 32-5A-170. That section has no restrictions on who may enforce it. How the court might rule on that I cannot say. 

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Just saw this.....a friend of mine went through a roadblock in Argo and was given a dui for blowing a .05. He passed all field sobriety test, wasn't disrespectful, he broke no laws, he was not impaired....., the law doesn't matter to them. Argo will trample all over your civil rights! My friend hasn't had his day in court, yet. I hope yours went well. My advice to you is to always have a camera on you when you go through there. And stay out of there if you are a veteran...I don't think they like them. I heard from another cop they need money and some grant they get for writing so many tickets.

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Just saw this.....my son went through a roadblock in Argo and was given a dui for blowing a .05. He broke no laws, he was not impaired.

 

Were you there in the car with your son to observe his driving? If not, how do you know that he was “not impaired?” If it’s because of what your son told you, that’s probably not terribly reliable. People that have been drinking are a poor judge of how capable they are to drive. It is not unusual for a person who has been drinking to think he’s perfectly fine and not impaired when to others it is obvious that he is indeed impaired. That’s why so many people drink and drive who have no business being on the roads — they have no idea just how badly the drinking has affected their ability to drive.

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Were you there in the car with your friend to observe his driving? If not, how do you know that he was “not impaired?” If it’s because of what your friend told you, that’s probably not terribly reliable. People that have been drinking are a poor judge of how capable they are to drive. It is not unusual for a person who has been drinking to think he’s perfectly fine and not impaired when to others it is obvious that he is indeed impaired. That’s why so many people drink and drive who have no business being on the roads — they have no idea just how badly the drinking has affected their ability to drive.

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Were you there in the car with your friend to observe his driving? If not, how do you know that he was “not impaired?” If it’s because of what your friend told you, that’s probably not terribly reliable. People that have been drinking are a poor judge of how capable they are to drive. It is not unusual for a person who has been drinking to think he’s perfectly fine and not impaired when to others it is obvious that he is indeed impaired. That’s why so many people drink and drive who have no business being on the roads — they have no idea just how badly the drinking has affected their ability to drive.

He didn't go through, he stopped. And no I wasn't there but, other people that were "processing" him were and, they couldn't believe they arrested him. That same night they also pulled over someone on a motorcycle and ran over him or hit the motorcycle with the police car. And no I wasn't on the motorcycle. I think they have hired several rookies with the grants they receive. Of course I have no proof of this.

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I was also pulled over in Argo by the cop hiding behing the overpass pillar.... In flow of traffic and also in the right lane...a BMW had just passed me, and had just passed the cop about 1/4 mile ahead of me. I was told I was doing 90....I knew I wasn't going that fast, but since I was speeding at about 83 I thought it doesn't matter....Oh was I wrong...in a post above there was mention of the statute that requires a municipality to have more than 19k residents in order for their law enfocement to enforce simple speeding on the interstate. That is why he said I was doing 90....because then it is considered reckless driving.....When I went to court I realized what a racket it really was....the first 35 cases including mine were ALL reckless driving cases...LOL unbelievable...nothing else, no speeding, no running a stop sign, no driving without insurance, no expired tags, nothing but reckless driving. "what a joke" these guys are just as bad as the crook who broke into my rental house, and stole my ****. If I had money to burn, I would sue them just for spite....and when you can show the percentages of reckless driving cases compared to everything else it should proove they are CROOKS. Also they seem to be more prevelant the last ten days of any given month.

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Has anyone had a similar experience on I59 with Argo police that would be willing to share the outcome?  I know of 2 instances where drivers were given tickets for driving in excess of 90 mph and both admit to speeding but not deserving of a Reckless driving ticket which is what they received.  

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48 minutes ago, coco321 said:

Has anyone had a similar experience on I59 with Argo police that would be willing to share the outcome?  I know of 2 instances where drivers were given tickets for driving in excess of 90 mph and both admit to speeding but not deserving of a Reckless driving ticket which is what they received.  

 

Common lament from reckless drivers.

 

90 mph IS reckless.

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1 minute ago, adjusterjack said:

 

Common lament from reckless drivers.

 

90 mph IS reckless.

Just for your information, neither were to doing 90 mph. Both were actually doing less than 86 mph which, is still speeding and definitely deserving of a ticket but is not within the guidelines of Reckless driving with a speed limit posted of 70mph.  Besides, if you were not so quick to rush to judgment of others and researched this issue you would know there has been a lawsuit filed and this is a common practice by this municipality and it is absurd.  Read before you comment please.  

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Just for your information, neither were to doing 90 mph Both were actually doing less than 86 mph.

Perhaps this is something you should have mentioned in your initial posting, we cannot read minds.

 

Read before you comment please

Perhaps you could give us something to read or refer us to something to read, other than two vague sentences before you chastise the volunteers for not reading.

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If you are in the habit of driving 90 mph or more you better stay out of Northern Virginia. The judges there have all decided that 90+ mph requires a jail term.  Reduction of the charged speed by motion of the Commonwealth Attorney is refused.  Over 80 mph or more than 20 mph over the posted limit are  statutorialy defined as reckless driving.  Period.

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2 hours ago, doucar said:

Just for your information, neither were to doing 90 mph Both were actually doing less than 86 mph.

Perhaps this is something you should have mentioned in your initial posting, we cannot read minds.

 

Read before you comment please

Perhaps you could give us something to read or refer us to something to read, other than two vague sentences before you chastise the volunteers for not reading.

https://www.annistonstar.com/the_daily_home/city-of-argo-facing-lawsuit-over-ticketing-drivers-on-i/article_3093d78c-81f4-11e7-989b-ef44dbb427b3.html

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2 hours ago, doucar said:

Just for your information, neither were to doing 90 mph Both were actually doing less than 86 mph.

Perhaps this is something you should have mentioned in your initial posting, we cannot read minds.

 

Read before you comment please

Perhaps you could give us something to read or refer us to something to read, other than two vague sentences before you chastise the volunteers for not reading.

In my initial post I made the assumption that before commenting, one would read the thread and understand my question therefore I did not think I had to go into detail.  

I appreciate anyone who might be able to answer my initial question which was simply if anyone on this thread who had a similar experience would mind sharing the outcome. That is all.  I believe I was chastised first for even asking.  

 

https://www.annistonstar.com/the_daily_home/city-of-argo-facing-lawsuit-over-ticketing-drivers-on-i/article_3093d78c-81f4-11e7-989b-ef44dbb427b3.html

 

Have a nice day.

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4 hours ago, coco321 said:

Has anyone had a similar experience on I59 with Argo police that would be willing to share the outcome?  I know of 2 instances where drivers were given tickets for driving in excess of 90 mph and both admit to speeding but not deserving of a Reckless driving ticket which is what they received.  

coco321..."Can you please update.  What were your fines and did they ultimately convict you of Reckless Driving?  I am aware of 2 similar instances and both parties swear they were not doing the speed recorded on the ticket that resulted in Reckless driving."

 

I didn't explain this part in my original post. When the judge called me up there, I disputed the reckless driving charge. He then  asked if I wanted to speak with the prosecutor to see if we could work a deal. I said yes. Then went to a office in the back of the courtroom. I was offered some other offense, I can't remember something like excessive speeding. Anyway it was more money (about $500 instead of $200) that was being charged for reckless driving. But my offer only counted 2 points on my record, and I didn't have to go to driving school. I still think it's a racket, and It's a shame that I had to buy my way out of it. I'm just glad I disputed the charge when the judge asked.

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21 minutes ago, Autocrat9 said:

coco321..."Can you please update.  What were your fines and did they ultimately convict you of Reckless Driving?  I am aware of 2 similar instances and both parties swear they were not doing the speed recorded on the ticket that resulted in Reckless driving."

 

I didn't explain this part in my original post. When the judge called me up there, I disputed the reckless driving charge. He then  asked if I wanted to speak with the prosecutor to see if we could work a deal. I said yes. Then went to a office in the back of the courtroom. I was offered some other offense, I can't remember something like excessive speeding. Anyway it was more money (about $500 instead of $200) that was being charged for reckless driving. But my offer only counted 2 points on my record, and I didn't have to go to driving school. I still think it's a racket, and It's a shame that I had to buy my way out of it. I'm just glad I disputed the charge when the judge asked.

Thank you so much.  This was exactly what I was wondering.  You are correct.  It does seem to be all about money and it is definitely a racket.   I guess $500 is better than 6 points on a driving record.  It would cost more than that in Insurance premiums.  Thank you again for responding!  I really appreciate it!  

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