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cop who wrote ticket didn't acually see me speeding

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adevadancer

Junior Member
What is the name of your state? South Carolina. I was caught speeding in a speed trap... on the bottom of one side of a hill was a cop in a chair clocking speeding cars (cop A), on the other side of the hill was a cop who could not see my vehicle. (cop B). how is it possibly legal for a policeman (cop B) who did not see me speeding to right me a ticket? In the midst of being nervous and scared of lying to a cop, when I was asked if I knew why I was pulled, I said yes...for speeding. Is there anyway around this ticket? 60 in a 50, 2 point ticket.
 


FlyingRon

Senior Member
The cop who witnessed the offense would have to testify if you took it to court. Hearsay is only good for probable cause and certain other limited proceedings.
 

Maestro64

Member
As it was pointed out, this is all about hearsay, both officer must testify to what they did and, neither on can speak for what they other did or said. If you want to fight this then you need to make sure both officer are not in the room at that same time when testimony is given so they can not align their stories based on your questions.

If both officers do not show, you can ask for a dismissal due to lack of evidence and hearsay. But you would have to research yours states rules of evidence, hearsay and the ability to grant a continuance if the office is a no show. Every state has different rules around this.

It sounds like neither office had complete site of the vehicles at all times so there could be a problem of what is known as the "chain or evidence" it was broken in this case, there is no way to office A to know office B pull over the correct vehicle. Officer B stopped a "red car" but was it the correct "red car."

However, if you admitted anything to officer B you could be sunk anyway, most people who fight tickets loose because they admitted it and it was used against them, so you're convicted by your own words.

I just beat a ticket because of this exact tactic the police used.
 
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