I received a speeding ticket for doing 52 in a 35 mph for taking Coby [my cat] to the hospital. I have documentation stating just how sick Coby was. He had severe diarrhea, squirting poop with worms in it every 15 to 20 minutes for at least 3 hours. About 5 minutes away from the veterinarian I smelled poop and that's when I increased my speed being very conscious of my safety and of the other drivers around me. Traffic was lite and it was a nice sunny day. When I approached the officer,who was sitting stil she flashed her headlights and turned on her blue lights. She then made a u turn to pull me over. After the stop she introduced herself and told me I was doing 52 in a 35. I explained that Coby was very sick and I was trying to get to the hospital which was 5 minutes away. She asks to see the cat so I raised the carrier for her to see Coby. Then she said he didn't look sick to her. She wrote the ticket anyway. I didn't ask for her opinion or her diagnosis and I feel if she didn't believe me she should have kept her comment to herself. Can I use her statement about Coby "not looking sick to her "in court against her since she obviously is not a veterinarian?
With respect, lighten up. Hopefully Coby is better now. The cop needed to decide wither or not to give you a ticket. She didn't believe your story. She gave you the ticket. You can fight it if you want, but her diagnosis will not make a difference as you were, in fact, speeding. There is no "sick pet" exception to the traffic laws. See if you can get the solicitor/ADA to drop the speed to 49 so it won't go on your record. A lawyer is best at this.
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Consult a few local criminal defense lawyers, and ask them if your "necessity defense" would fly in your particular jurisdiction, and with your particular judge.
Best of luck to you & Coby
Unfortunately you were speeding. It would not have mattered if it was a sick human in the car, you still would have gotten a citation.
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Why does it matter? Even if Cody was bleeding from every bodily orifice, that doesn't make it legal for you to speed.
Does the officer have the right to tell you his opinion? Yes, its called the first amendment. As for whether you can use the statement; you can tell the judge, but it will have absolutely zero effect. The fact is you were speeding. your reasoning is more mitigating evidence than a defense.
You live in Decatur? You must know how they are about speed enforcement. Maybe, and I mean maybe, you might get out of a speeding citation on the way to a hospital if you were giving birth or had a gunshot victim in your car or someone having a heart attack, but speaking as someone currently caring for a very ill kitty, officers don't care about your cat. They care about humans not being killed by speeding drivers. I do hope Coby is okay.
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