Here's the deal. I live in florida, actually in St. Pete for about 10 years. Im a FLorida Cop just north of St. Pete now. I can't say that i never did a hole shot myslef out there on the road but, if i got caught doing it, i got caught. Take the lil ticket and be thankfull. Remember there is a Florida State Satute called, "racing on the Highways" 316.191. He pretty much states that you if you drive a vehicle in an manner such as racing or performance showing on public streets you can be charged. Holds a pretty hefty fine. Including 30 day impoundment of your car on 1st offense and notification DHSMV of violation. 2nd offense within 5 years is seizure of vehicle.
We all do stupid things now and again, even cops(there are a black streaks on the street in front of my house too). You got off pretty easy so my advice would be to pay the fine and take the stupid lil driver improvement class to keep off the points and move on.
It is tempting down there in St. pete with all those criss cross roads. You can pretty much measure out the 1/4 by a few blocks.
BTW are you going to the Old Town Meetings next week? Ill prob be there and would like to meet up.
Cheers
P.S. He wrote you the wrong Statute anyway. Unless there was another person/vehicle around that was affected by your "improper start" you are not in violation.
316.154. Starting parked vehicle.
No person shall start a vehicle which is stopped, standing, or parked, unless and until such movement can be made with reasonable safety. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
He should have wrote you for careless driving:
316.1925. Careless driving.
(1) Any person operating a vehicle upon the streets or highways within the state shall drive the same in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person. Failure to drive in such manner shall constitute careless driving and a violation of this section.
(2) Any person who violates this section shall be cited for a moving violation, punishable as provided in chapter 318.
That being said if you do take it to court he also has the right to ammend the citation if he chooses to change the statute. and he could ammend it to reckless driving:
316.192. Reckless driving.
(1) (a) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(b) Fleeing a law enforcement officer in a motor vehicle is reckless driving per se.
(2) Except as provided in subsection (3), any person convicted of reckless driving shall be punished:
(a) Upon a first conviction, by imprisonment for a period of not more than 90 days or by fine of not less than $25 nor more than $500, or by both such fine and imprisonment.
(b) On a second or subsequent conviction, by imprisonment for not more than 6 months or by a fine of not less than $50 nor more than $1,000, or by both such fine and imprisonment.
So i stay true to my advice to cough up the dough and move and on. Hope this helps.
We all do stupid things now and again, even cops(there are a black streaks on the street in front of my house too). You got off pretty easy so my advice would be to pay the fine and take the stupid lil driver improvement class to keep off the points and move on.
It is tempting down there in St. pete with all those criss cross roads. You can pretty much measure out the 1/4 by a few blocks.
BTW are you going to the Old Town Meetings next week? Ill prob be there and would like to meet up.
Cheers
P.S. He wrote you the wrong Statute anyway. Unless there was another person/vehicle around that was affected by your "improper start" you are not in violation.
316.154. Starting parked vehicle.
No person shall start a vehicle which is stopped, standing, or parked, unless and until such movement can be made with reasonable safety. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
He should have wrote you for careless driving:
316.1925. Careless driving.
(1) Any person operating a vehicle upon the streets or highways within the state shall drive the same in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person. Failure to drive in such manner shall constitute careless driving and a violation of this section.
(2) Any person who violates this section shall be cited for a moving violation, punishable as provided in chapter 318.
That being said if you do take it to court he also has the right to ammend the citation if he chooses to change the statute. and he could ammend it to reckless driving:
316.192. Reckless driving.
(1) (a) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(b) Fleeing a law enforcement officer in a motor vehicle is reckless driving per se.
(2) Except as provided in subsection (3), any person convicted of reckless driving shall be punished:
(a) Upon a first conviction, by imprisonment for a period of not more than 90 days or by fine of not less than $25 nor more than $500, or by both such fine and imprisonment.
(b) On a second or subsequent conviction, by imprisonment for not more than 6 months or by a fine of not less than $50 nor more than $1,000, or by both such fine and imprisonment.
So i stay true to my advice to cough up the dough and move and on. Hope this helps.
