What is the name of your state? Oregon.
So here's the story, I would like to know if I have a valid point.
Driving home at around 1:30am, I turned left from a highway to a back road. This road is like many country roads with no posted speed limit (giving it an un-posted speed limit of 55mph) with one exception. The first few miles of this road has a posted speed limit of 40mph due to residential neighborhoods.
As I reached the end of the 40mph speed zone, passing the ‘end speed zone’ sign, I noticed distant headlights in my rear view mirror. As the road is quite hilly, the headlights appeared and disappeared several times before nearing me. Several hundred yards after passing the ‘end speed zone’ sign, the rapidly approaching police vehicle reached me, turning on his lights and pulling me over.
Officer ---- claimed to have clocked me going “51 in a 40”, and I was given a citation, which I later noticed was marked 55mph in a 40mph. Since there was no parked patrol vehicle visible on the side of the road while I was driving down Henrici Rd, I assume that Officer ---- was using a radar gun while driving behind me. With the information above, along with the fact that it was 1:30am and quite dark, I find it impossible that Officer ---- was able to determine whether I had passed the end of the speed zone when he got me on radar. I believe that I had reached the end of the speed zone before accelerating to the alleged speed of 51mph, or even 55mph as posted on the citation.
my second question is if the officer claims to me that he clocked me at 51, but puts 55 on the ticket, is that something valid to fight?
So here's the story, I would like to know if I have a valid point.
Driving home at around 1:30am, I turned left from a highway to a back road. This road is like many country roads with no posted speed limit (giving it an un-posted speed limit of 55mph) with one exception. The first few miles of this road has a posted speed limit of 40mph due to residential neighborhoods.
As I reached the end of the 40mph speed zone, passing the ‘end speed zone’ sign, I noticed distant headlights in my rear view mirror. As the road is quite hilly, the headlights appeared and disappeared several times before nearing me. Several hundred yards after passing the ‘end speed zone’ sign, the rapidly approaching police vehicle reached me, turning on his lights and pulling me over.
Officer ---- claimed to have clocked me going “51 in a 40”, and I was given a citation, which I later noticed was marked 55mph in a 40mph. Since there was no parked patrol vehicle visible on the side of the road while I was driving down Henrici Rd, I assume that Officer ---- was using a radar gun while driving behind me. With the information above, along with the fact that it was 1:30am and quite dark, I find it impossible that Officer ---- was able to determine whether I had passed the end of the speed zone when he got me on radar. I believe that I had reached the end of the speed zone before accelerating to the alleged speed of 51mph, or even 55mph as posted on the citation.
my second question is if the officer claims to me that he clocked me at 51, but puts 55 on the ticket, is that something valid to fight?