[MobiusTech]

This is my written defense that I am going to submit to the MacDill Air Force Base military security guys. Question is, is it enough and am I wrong?


MEMORANDUM FOR MSG/CD

FROM: ME

SUBJECT: Appeal of Armed Forces Traffic Ticket

1. Background

I was pulled over by Staff Sergeant Robert Lewis at 0720 on April 23, 2008 in the Burger King Parking lot. I was cited with three tickets:

A) Failure to stop at a posted stop sign
B) Exhibition of speed
C) Failure to provide proof of current insurance

I do admit to the first ticket and not coming to a full and complete stop at the stop sign on North Boundary Blvd traveling eastbound. However, I did not understand the second ticket for “Exhibition of speed”. I asked SSgt Lewis what he meant by “exhibition of speed” and he told me that when I rolled through the stop sign, “I floored it.” I then asked what my speed on that 15mph road was and he told me “I was going way faster then the posted speed limit.” Nevertheless, I do not understand why I did not get a fourth ticket for speeding if this was the case.

I explained to SSgt Lewis that my vehicle has a factory sport exhaust. The combination of it being early in the dark, quiet, cold morning and with not many vehicles on the road lead to his impression of my speed being based on the decibels of my exhaust; in which does not exceed the operating noise limits of Florida law. I also made mentioned that there was a white van in front of me and it was very difficult to be speeding on a one lane road with another vehicle ahead doing the speed limit.

SSgt Lewis then proceeded to ask me why I had a radio scanner in my car for and I told him that I was a communications Marine and it was part of Military Occupational Skill and I liked gadgets. He then accused me of using it to listen and scan for police radio frequencies. I told him that I did not use it for that and that I bought it from Radio Shack and it is not illegal to have a portable handheld radio scanner in your vehicle in the state of Florida. SSgt Lewis again repeated, “Whatever, you use it to listen for cops”. I felt that SSgt Lewis was accusing me of illegal street racing. Then he glanced in my car again and he made mention that I had a radar detector as well. I explained to him it was not a radar detector but a GPS speedometer in which I demonstrated to him by powering it on. He then told me that even if it was a radar detector it was powered off.

I then asked in regards to the “Failure to provide proof of current insurance”, if I was able to print it out from online, where I would be able to take it to get that third ticket dismissed. SSgt Lewis told me that it would still count against me even if I were to provide proof of current insurance and I will still be citied with the ticket and points counted against my base driving privileges. When he finally finished answering all my questions, SSgt Lewis proceeded to force a lecture on me about my proficiency and conduct as a United States Marine Corps Non-Commissioned Officer and how I was not setting the example and how embarrassing and sad that was.

After informing my Chain of Command and First Sergeant, I was directed to go to Security Forces to contest these tickets. I spoke to an Air Force Staff Sergeant that works with Mr. Erich Gorgas and I asked her if it was true what SSgt Lewis explained to me. That even if I were to provide proof of insurance that the ticket will still be counted against me? She told me that SSgt Lewis gave me wrong information and she quickly dismissed that ticket. I then told her that I do admit to the first ticket but I don’t understand the second “exhibition of speed” ticket. She told me to standby as she looked through her Florida Traffic Handbooks and then told me from as far as she can tell; “exhibition of speed” is in regards to illegal street racing. She told me the only way to appeal this ticket is to write this appeal and submit it back to them. I thanked her for her help.

2. Request for Appeal

My justification for this appeal is that if you look at the Florida stature on “exhibition of speed” it states:

“To unlawfully drive a vehicle in a race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record on a highway, roadway, or parking lot, or did participate in, coordinate, facilitate, or collect moneys at any location for any such race, ride as a passenger in, or purposely cause the movement of traffic to slow or stop for, any such race, competition, contest, test, or exhibition, to-wit”

I was not engaged in a race with anyone as I was traveling back to MARCENT after completing unit PT. I especially question SSgt Lewis integrity and proficiency for issuing this citation as it was proven that he had given me wrong information on my third ticket, harassing me with accusations that I illegally street race based on the legal equipment inside my vehicle, stereotyping the type of vehicle I drive and then reprimanding me for being an NCO in the United States Marine Corps. I sincerely ask that his professionalism and authority in issuing this citation be reviewed.
I request appeal on ticket #G049792, based upon Section 316.191, Florida Statues which outlines exhibition of speed 316.191 Section 4 (1) (d) as:

“Exhibition of speed” means the use of a motor vehicle in a demonstration to another person or persons, including, but not limited to, any passenger of such motor vehicle or the driver or passenger of another motor vehicle, of the motor vehicle’s speed or handling capabilities at a speed of at least double the posted or lawful speed limit or 100 miles per hour, whichever is less.”

I was not shown evidence of speeding more then double the posted and lawful speed.


Attached Documents

1 – Aerial map
2 – Copies of three citations
3 – 316.191 Florida Statute
4 – Committee Amendment


TO: 6 SFS/CC
Recommend this appeal to be granted/denied.


Unit Commander’s Signature Block