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Pacing

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ykat

Guest
What is the name of your state? Washington State

Is there a required distance that a cop must pace a vehicle before determining if they are speeding? If so does that speed have to be relatively consistent and what is that distance?

A cop paced me for 2 blocks on a half mile stretch, during which I was mostly accelerating from a stop and slowing down to prepare to make a turn.
Do I have a case?
 


CdwJava

Senior Member
There is no "required" distance. However, he will have to articulate in court how he obtained the estimation of your speed and you could bring the short distance up in court. It might work.

Carl
 
Y

ykat

Guest
and he was very rude

I forgot to add that while getting the ticket the officer was very very rude to me. Is this something worth mentioning when I am contesting the ticket?
One thing he did was when I asked him to explain what I was signing his response was "I can take you to jail if you don't sign" in a very rough tone. I again said I wanted to fully understand what I was signing before I put my signature down and if I could have a moment to read over everything on the ticket, and he simply said "it is not an admission of guilt, but you have to sign it" I was really upset and crying because he was being so mean when I was simply confused and shocked I was getting a ticket.
Is that worth mentioning in court?
 

CdwJava

Senior Member
Well, you could mention it, but since signing the ticket is NOT an admission of guilt, and only a signed promise to appear, I am not sure what good it would do - legally - to mention it in court.

And while he should not have been short with you, there are times when people use the 'read it over' ploy to either argue or debate the citation. And, if there are calls pending or other assignments to be done, it takes up time that the officer might be doing something else.

I would also venture to guess that being rude or short is a violation of some agency policy regarding dealing with the public in a professional manner. If it really bothered you, you might consider contacting the watch commander or an administrator at the agency and letting them know about his actions. If this is an officer who has had frequent bouts of poor behavior with the public, the agency would want to know. We don't want people out there giving us a bad rap. Unfortunately, too often we find out about the bad apples before we can do anything about it.

But, bringing it up in court is not likely going to have any effect on the ticket. You had to sign it or go to jail. So why you signed it is not going to be relevant.

Carl
 
Y

ykat

Guest
yes it is stupid to speed

I agree that it is stupid to speed, and I wasn't speeding. That is the reason I am contesting the ticket. However it is the officer's word against mine since he did not use a radar. My only option is to try to illustrate that it would have been difficult for me to speed as fast as he claimed....that is why im seeking advice.
 

HomeGuru

Senior Member
ykat said:
I agree that it is stupid to speed, and I wasn't speeding. That is the reason I am contesting the ticket. However it is the officer's word against mine since he did not use a radar. My only option is to try to illustrate that it would have been difficult for me to speed as fast as he claimed....that is why im seeking advice.
**A: ok, I may have an out. How fast were you going, what was the posted speed limit and what speed was noted on your citation?
 
Y

ykat

Guest
50 in a 40

The posted speed is 40 in that straight away. He said he paced me for 2 blocks and said I was doing 50. That is also the information he wrote down on the ticket.
 

HomeGuru

Senior Member
ykat said:
The posted speed is 40 in that straight away. He said he paced me for 2 blocks and said I was doing 50. That is also the information he wrote down on the ticket.
**A: I am not going to ask you again. Read my post and answer the question.
 
Y

ykat

Guest
wasn't speeding

I wasn't speeding so approx 40. Give or take a couple miles an hour.
 

harbor14

Member
ykat said:
What is the name of your state? Washington State

Is there a required distance that a cop must pace a vehicle before determining if they are speeding? If so does that speed have to be relatively consistent and what is that distance?

A cop paced me for 2 blocks on a half mile stretch, during which I was mostly accelerating from a stop and slowing down to prepare to make a turn.
Do I have a case?
In Washington there is no distance requirment for pacing. It generally works (at least for me)as follows. I will activate my rear radar and compare the reading to my speedometer. I will position the patrol car 2-3 car lengths back and maintain that distance, neither gaining nor receding. What ever speed is reached is the one I stop for. A couple of blocks is more than enough time for all of this to occur. And that is how it is written in my notes for the court.

Being rude is not a defense for speeding. In Washington the majority of our traffic laws are civil in nature. The infraction issued is not a promise to appear, by signing your are merely acknowldging the officer is giving you a copy of the infraction. Failing to sign that however is a criminal offense and can result in you being taken to jail.

Additionally there is no requirement for the officer to appear in court unless he is supeoned by the defense or prosecutor. The sworn statement on the ticket is all that is required.
 

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