Out of state speeding ticket - double jeopardy?

[maximNikenGT]

16 hours ago, nhchris said:

TN might be a special case.

I got a 55 in a 25 ticket at the west end of the Dragon.  TN required I take a AAA safe Drivers course and pony up $350 and they'd make it go away.   Which the did!!

Hoo wee! 55 in 25 at the west end of Tail of the Dragon would have gotten you applause at my riding club meeting. 😃

[maximNikenGT]

18 hours ago, SKYFLIX said:

Precisely. It is the discretion of the state where the offense took place to determine if it should be forwarded on. I've gotten speeding tickets in TN (less than 15+) that I never saw on my driving record in SC.

Interesting - my understanding of "reckless"  driving is greater than 15mph over posted legal speeds or 80mph and over in the state of North Carolina. In Virginia it's  20mph over posted legal speeds.  In South Carolina, "reckless" is 25mph over, and in Tennesee and Florida it's 30mph over. Hence my surprise when my coworker got her license revoked for a 15+mph violation in Florida when she resides in NC. 

[maximNikenGT]

11 minutes ago, maximNikenGT said:

Hoo wee! 55 in 25 at the west end of Tail of the Dragon would have gotten you applause at my riding club meeting. 😃

Since you were right at 30 mph over posted legal speeds is probably what triggered the drivers education programming  as  a requirement for reckless driving. 

[maximNikenGT]

15 hours ago, 1moreroad said:

So if the OP's coworker took driving school to "get out" of the ticket, it shouldn't have been reported back to their home state. 

Exactly. Hence my surprise especially since in Florida you have to be 30+ over posted legal speeds to be considered reckless. 

[maximNikenGT]

8 hours ago, Michiel900GT said:

For a non-US person this thread gives an interesting insight on US traffic laws. Never realised that there are so many differences between states.

I am equally fascinated at how speeding violations are handled internationally.  Just curious as to how it works in Amsterdam. If you get a speeding ticket in nearby Belgium or Germany does that go back to Amsterdam somehow?

I've got a friend who a few years ago went with her parents to Australia where they got a speeding violation in Sydney via speed camera. Friend is Canadian but family is originally from Hong Kong and she resides in the US.  Somehow Sydney notified Hong Kong authorities (instead of Canadian or US authorities) to notify her in the US that she had a speeding ticket to be paid in Australia. I had no idea that Australia and Hong Kong had data sharing agreements like that internationally. 

[nhchris]

28 minutes ago, maximNikenGT said:

Since you were right at 30 mph over posted legal speeds is probably what triggered the drivers education programming  as  a requirement for reckless driving. 

Speeding here in NH ain't what it used to be.  It seems every month of the year one or two cars are pulled over on Interstate 95 for doing over 100 mph in a 65 zone. What their fate is I don't know.  Aircraft are used to make the bust.

I always say any idiot can go 100.  Stopping, swerving or doing other maneuvers at that speed separate the fools from the skilled!  And in Maine the speed is 70, which means 100 is only 30 over.  In Texas 30 over would be 115!

Edited September 30, 2020 by nhchris

[Michiel900GT]

3 hours ago, maximNikenGT said:

I am equally fascinated at how speeding violations are handled internationally.  Just curious as to how it works in Amsterdam. If you get a speeding ticket in nearby Belgium or Germany does that go back to Amsterdam somehow?

I've got a friend who a few years ago went with her parents to Australia where they got a speeding violation in Sydney via speed camera. Friend is Canadian but family is originally from Hong Kong and she resides in the US.  Somehow Sydney notified Hong Kong authorities (instead of Canadian or US authorities) to notify her in the US that she had a speeding ticket to be paid in Australia. I had no idea that Australia and Hong Kong had data sharing agreements like that internationally. 

Some European countries have agreements on how to handle fines from each others citizens.

For example: If I would get a speeding ticket in Germany (by an automated system, not when the Police actually put me to a stop), the German authorities will send it to the Dutch authorities. The Dutch authorities will check if the speeding ticket is legit and authorized (as in: really from the German authorities) and will send me a ticket in the name of the German authority which I than have to pay to the Dutch authorities.

In the Netherlands we can get points on our driver license (if you get too many points, you get an extra penalty). The Germans have that as well, but these points are not transferred from one country to another. So if I get enough points in Germany I might risk that I am not allowed to drive in Germany for a while. This however is not transferred to the Dutch authorities. So I might be forbidden to drive in Germany, but will still be allowed to drive in the Netherlands.

There is a catch though. If I screw up really bad in Germany, I might be ordered (even after I return to the Netherlands) to go to Germany and hand over my drivers license. And although that penalty is not transferred to the Netherlands, if I don't have my license with me, I am not allowed to drive in the Netherlands.

Be aware, this all depends on the agreements between European countries. There are countries that don't have agreements and in that case a speeding ticket will not be send to from one country to another (again: in case you were not stopped by the Police immediately). But you might avoid going back to the country in which you got that ticket because if you haven't paid a ticket within a certain time frame, you risk being jailed. Quite a surprise if you weren't aware you even got a ticket...... 

[Coop]

On 9/29/2020 at 12:51 PM, texscottyd said:

Texas has its flaws, but artificially low speed limits usually isn’t one of them: 

Pertaining to the issue your coworker is facing, a traffic ticket specialist lawyer that knows your area would be very valuable.   They deal with this stuff all day, everyday... 

And people actually slow down to drive through this stretch of road.

[chitown]

23 hours ago, maximNikenGT said:

Not sure I follow. My understanding of the definition of double jeopardy is: "the prosecution of a person twice for the same offense".  To me, if I paid my out of state ticket along with going to driving school for that violation, then that should not result in me getting my license revoked in my home state (which to me  feels like double prosecution for a singular offense). Would you mind clarifying?

In the US you'd want to add "by the same sovereign" to the definition above. 

There are a few exceptions to double jeopardy in the US.  The main one being that it doesn't apply to multiple sovereigns. Examples of sovereigns: federal gubmint, state gubmint, Native American tribal gubmint etc. 

 

 

 

 

 

[maximNikenGT]

On 9/30/2020 at 3:22 PM, Michiel900GT said:

Some European countries have agreements on how to handle fines from each others citizens.

For example: If I would get a speeding ticket in Germany (by an automated system, not when the Police actually put me to a stop), the German authorities will send it to the Dutch authorities. The Dutch authorities will check if the speeding ticket is legit and authorized (as in: really from the German authorities) and will send me a ticket in the name of the German authority which I than have to pay to the Dutch authorities.

In the Netherlands we can get points on our driver license (if you get too many points, you get an extra penalty). The Germans have that as well, but these points are not transferred from one country to another. So if I get enough points in Germany I might risk that I am not allowed to drive in Germany for a while. This however is not transferred to the Dutch authorities. So I might be forbidden to drive in Germany, but will still be allowed to drive in the Netherlands.

There is a catch though. If I screw up really bad in Germany, I might be ordered (even after I return to the Netherlands) to go to Germany and hand over my drivers license. And although that penalty is not transferred to the Netherlands, if I don't have my license with me, I am not allowed to drive in the Netherlands.

Be aware, this all depends on the agreements between European countries. There are countries that don't have agreements and in that case a speeding ticket will not be send to from one country to another (again: in case you were not stopped by the Police immediately). But you might avoid going back to the country in which you got that ticket because if you haven't paid a ticket within a certain time frame, you risk being jailed. Quite a surprise if you weren't aware you even got a ticket...... 

Very interesting to see how that is handled in the European Union. Thanks for sharing.