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Old 05-08-2008, 05:27 PM   #1 (permalink)
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I Got 3 Tickets At One Time On A Military Base! Help Me Please!

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
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Old 05-08-2008, 05:35 PM   #2 (permalink)
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Was your scanner plugged in?

GL with your appeal...

Military based traffic enforcers are real dicks. They're real hard on servicemen.
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Old 05-08-2008, 05:41 PM   #3 (permalink)
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Quote:
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Was your scanner plugged in?

GL with your appeal...

Military based traffic enforcers are real dicks. They're real hard on servicemen.
it runs off batteries and it wasnt on. i even tried to turn it on for him and the batteries where dead lol. nevertheless its not illegal. hes was bluffing.

and f*** that guy cause he is the same rank as me but he was trying me and talking down to me like i was a piece of sh*t and i wasnt having that as a Marine. f*** the air force!!!! im gonna put that as part of my letter lol.
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Old 05-08-2008, 05:44 PM   #4 (permalink)
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Wow that's insane, woulda thought he'd cut you a break or something for being in the Marines. Good luck with that..
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Old 05-08-2008, 05:45 PM   #5 (permalink)
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damn that's a good mouth's worth. good luck with that.
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Old 05-08-2008, 05:55 PM   #6 (permalink)
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too bad you cant buy a lawyer and have him show up for you. i guess im representing myself
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Old 05-08-2008, 06:01 PM   #7 (permalink)
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too bad you cant buy a lawyer and have him show up for you. i guess im representing myself
How is the case going to be handled since it was on a military base? Did you tell your CO?
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Old 05-08-2008, 06:02 PM   #8 (permalink)
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Quote:
Originally Posted by DRMex06 View Post
How is the case going to be handled since it was on a military base? Did you tell your CO?
i told my first sgt and she told me that the dude was probably haveing a really bad day and it was fed up he took it out and me and she has already called them and told them how she is investigating this as well and sees it as being unfair on my part. 3 tickets is a little bit excessive for not coming to a complete stop at a stop sign....... lol
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Old 05-08-2008, 06:05 PM   #9 (permalink)
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Unhappy not cool.

The sad part of the story is you knew you were in the wrong, admitted it to the officer and he still gave you a hard time and threw 2 more tickets at you. I'd be different if you copped attitude and deserved to be given a hard time. Hope everything works out well for you.
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Old 05-08-2008, 06:09 PM   #10 (permalink)
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The sad part of the story is you knew you were in the wrong, admitted it to the officer and he still gave you a hard time and threw 2 more tickets at you. I'd be different if you copped attitude and deserved to be given a hard time. Hope everything works out well for you.
yea man. i dont think he liked my car and my loud exhaust and all my stickers and then my "Racing" equiment in my car and on top of that i was a marine on a air force base. lol bad combo.
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Old 05-08-2008, 06:13 PM   #11 (permalink)
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Originally Posted by MobiusTech View Post
3 tickets is a little bit excessive for not coming to a complete stop at a stop sign....... lol
lol yeah I'd say. I guess the dude was just hating on a jarhead in an SI...

I'd say at the very least you'll have the exhibition of speed charge dropped, but they'll probably stick you with the failure to provide insurance and failing to stop at a stop sign; which may lead to points since it is a moving violation.
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Old 05-08-2008, 06:47 PM   #12 (permalink)
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lol yeah I'd say. I guess the dude was just hating on a jarhead in an SI...

I'd say at the very least you'll have the exhibition of speed charge dropped, but they'll probably stick you with the failure to provide insurance and failing to stop at a stop sign; which may lead to points since it is a moving violation.
and whats funny is that my geico insurance expires 3 days before on that day and i already swicthed over to usaa and forgot to print out the new insurance cards and put them in my car whoops lol
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Old 05-08-2008, 06:51 PM   #13 (permalink)
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Snap his neck with your pinky toe. I KNOW you guys can do it.
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Old 05-08-2008, 06:53 PM   #14 (permalink)
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Snap his neck with your pinky toe. I KNOW you guys can do it.
lol i dont even have control of my pinky toe. i cant even move it lawl
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Old 05-08-2008, 07:03 PM   #15 (permalink)
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Maybe start slowing the fark down in the future, be responsible and have insurance cards with you at all times and maybe just avoid going that route? My sympathy boat isn't leaving dock for you on this one.
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Old 05-08-2008, 07:10 PM   #16 (permalink)
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Maybe start slowing the fark down in the future, be responsible and have insurance cards with you at all times and maybe just avoid going that route? My sympathy boat isn't leaving dock for you on this one.
That wouldn't really help as he wasn't speeding, it was him being in a hurry.
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Old 05-08-2008, 07:11 PM   #17 (permalink)
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Old 05-08-2008, 07:55 PM   #18 (permalink)
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Maybe start slowing the fark down in the future, be responsible and have insurance cards with you at all times and maybe just avoid going that route? My sympathy boat isn't leaving dock for you on this one.
going through a stop sign at 2 mph = slow the fark down?

wow. i bet from the way i hear you talking you've never hit vtec in your life ever...... or gotten over 3rd gear........

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Old 05-08-2008, 08:08 PM   #19 (permalink)
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ill tell u this about Security Forces, most of them are real dicks. thats becuase most of them came in with open general and got security forces. i know some SF guys and they are cool as s**t and iv had an encounter with one and he was a dick. he made me step out of my car and he proceeded to yell at me. he heared me get on my car in the parking lot but he couldnt get me on radar because he was facing the other way. if i knew that he was there i wouldnt have done it.
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Old 05-08-2008, 08:09 PM   #20 (permalink)
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it runs off batteries and it wasnt on. i even tried to turn it on for him and the batteries where dead lol. nevertheless its not illegal. hes was bluffing.

and f*** that guy cause he is the same rank as me but he was trying me and talking down to me like i was a piece of sh*t and i wasnt having that as a Marine. f*** the air force!!!! im gonna put that as part of my letter lol.
It wouldn't matter if you were the same rank or not, that badge he wears supersedes your rank. As military police, I can tell you this, you're going to have to the magistrate and deal with it accordingly. You're lucky it's on base and not out in town. If anything, they'll take your sticker away and you'll have to walk.

Air Force security forces are unique. I'm glad I'm Navy.
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