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differance in speeds on ticket

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Crazymontanan

Junior Member
i recieved my first speeding ticket today. for that matter it was the first time i have ever been pulled over. it is for 72 in a 55. but on the same ticket the officer wrote 73/55. this may not seem like much but you would think after staring at the large red numbers that display the speed on that gun he would remember. I think he was guestimating the speed he did mention somthing about estimation while i was talking to him. If the judge doesnt want to deal at least to not issue points im gunna fight it.
could that error hold any weight against a officer.
could i sepena the dashcam tape.
do dashcam tapes usualy show radar readings.
 


S

seniorjudge

Guest
Officers are trained to estimate speed. A radar is one way to show speeding. If the officer does not use the radar but says he estimates that you were doing 73/55 and the judge or jury believes him beyond a reasonable doubt, then that is what you will be convicted of, unless you can prove that you were not doing 73/55.
 

cjoeb

Junior Member
just remember something about the dashcam....they are usually not video only, they have audio too. you may not have known it, but the cop more than likely had a wireless mike on him recording not only the video from the car, but the audio as well.
do you remember EVERYTHING you said to him.....specifically, did you incriminate yourself in anyway??? if so, then you should make a pretrial motion to surpress any self incriminating statements you made. I know you can do this in new mexico, dont know about montana, but the 5th amendment should go for any state.
maybe wanting the dashcam tape is more trouble than its worth. they will want to charge you money to make a copy of it for sure.
 
S

seniorjudge

Guest
"...the 5th amendment should go for any state..."

Remember that this does not apply to voluntary statements.
 

racer72

Senior Member
If the tape and recording is not submitted by the officer as evidence against you, there probably isn't a copy of it to subpeona. The tapes are recorded over if there is nothing on them needed by the police or prosecuting attorny's office. Could you imagine how much storage space would be required if they had to keep the tapes? And my state, and most likely many others, allow the tapes to be used as evidence in felony cases only, not for misdemeanors.
 

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