Aircraft Speeding Ticket

I was caught by a aircraft going over 20mph 90 in a 70, how can i fight this ticket, i was checking the citation and only one officer name was on there, shouldnt there be two, the plane pilot and the officer on the ground. let me know and any help is appreciated.

djromski said:

I was caught by a aircraft going over 20mph 90 in a 70, how can i fight this ticket, i was checking the citation and only one officer name was on there, shouldnt there be two, the plane pilot and the officer on the ground. let me know and any help is appreciated.

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What state?

Pretty simple, both officer must show, unless you allow them to convict you on one officer testimony which is hearsay. If the ticket say it was ticket by aircraft and both officers do not show you have pretty good chance of getting it dismissed if you know what you are doing.

Now if the ticket does not say anything about the method used then the officer who wrote the ticket can pretty much say anything we want about what method he used, if he testifies someone in a plane told him your speed then you just ask for a dismissal on the ground of hearsay and the fact the other officer is not present to back up the testimony.

Maestro64 said:

Pretty simple, both officer must show, unless you allow them to convict you on one officer testimony which is hearsay. If the ticket say it was ticket by aircraft and both officers do not show you have pretty good chance of getting it dismissed if you know what you are doing.

Now if the ticket does not say anything about the method used then the officer who wrote the ticket can pretty much say anything we want about what method he used, if he testifies someone in a plane told him your speed then you just ask for a dismissal on the ground of hearsay and the fact the other officer is not present to back up the testimony.

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So you KNOW this to be true in all 50 states plus various territories, protectorates and "districts"? (That's even if the OP is IN one of those locations)

Maestro64 said:

Pretty simple, both officer must show, unless you allow them to convict you on one officer testimony which is hearsay. If the ticket say it was ticket by aircraft and both officers do not show you have pretty good chance of getting it dismissed if you know what you are doing.

Now if the ticket does not say anything about the method used then the officer who wrote the ticket can pretty much say anything we want about what method he used, if he testifies someone in a plane told him your speed then you just ask for a dismissal on the ground of hearsay and the fact the other officer is not present to back up the testimony.

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The ticket has a check marked next to the aircraft, how do i not allow them to convict me by one officer testimony???

djromski said:

The ticket has a check marked next to the aircraft, how do i not allow them to convict me by one officer testimony???

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What is the name of your state?

djromski said:

The ticket has a check marked next to the aircraft, how do i not allow them to convict me by one officer testimony???

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If both do not show ask for a dismissal based on the 6th Amendment's Confrontation Clause.

While it is legal for one officer to issue a citation based on anothers observation of probable cause, both still need to testify.

Heck, even in some jurisdictions under the "fellow officer" rule, one officer can make a warrantless misdemeanor ARREST not committed in the presence of the officer making the arrest, based on the word of another officer who witnessed it but could not effect an arrest.

To Zigner point above(see I give you credit sometime), I forget sometime there are a number of states which ticket are a civil offense and as such it has different rules of evidence. An officer or person could claim you could have done anything and as long as the judge feels you are more likely than not to have done what they said you're guilty, you have to prove you were not.

However, if the op is in one of the state which tickets are a criminal offense than you still have a right to confront your accuser (i.e. the officer in the plane). However, if you allow the court and do not object to the other officer not being there then you waive your right to confront your accuser whether you knew it or not or even meant to. This is a little secret they are not share with you when you walk in court, you have to be prepared since they assume you know your rights.

BOR said:

If both do not show ask for a dismissal based on the 6th Amendment's Confrontation Clause.

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Which applies only to CRIMINAL matters. Since we don't know the state or the charge, that may not apply.

FlyingRon said:

Which applies only to CRIMINAL matters. Since we don't know the state or the charge, that may not apply.

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Probably true, but you are right, until the state is known it is uncertain, as some may hold true to my theory, infraction or crime.

I would still argue a 6th violation AND the parallel state constitutional provision.

If both did not testify against me, I would certainly proffer ANY argument I could.

wrongsometimes said:

What state?

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WA state, if the officer on the ground shows up and is reading notes i can object and say its a hearsay and should be excluded from the trial, also the ground control car didnt verify my speed himself, only the aircraft pilot,

Im just hoping the pilot doesnt show up

its a infraction

djromski said:

WA state, if the officer on the ground shows up and is reading notes i can object and say its a hearsay and should be excluded from the trial, also the ground control car didnt verify my speed himself, only the aircraft pilot,

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Washington state traffic infractions are adjudicated with the officer submitting a sworn WRITTEN statement. So it is likely that each officer will submit such a statement.

djromski said:

Im just hoping the pilot doesnt show up

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He won't show up (unless you subpoena him) but you're not going to get a dismissal simply because he doesn't.

I_Got_Banned said:

Washington state traffic infractions are adjudicated with the officer submitting a sworn WRITTEN statement. So it is likely that each officer will submit such a statement.

He won't show up (unless you subpoena him) but you're not going to get a dismissal simply because he doesn't.

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dont i have the right fo face my accuser?

BOR said:

Heck, even in some jurisdictions under the "fellow officer" rule, one officer can make a warrantless misdemeanor ARREST not committed in the presence of the officer making the arrest, based on the word of another officer who witnessed it but could not effect an arrest.

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Amazing. I make arrests all the time for misdemeanors not committed in my presence based on the word of private citizens.

Your hosed in WA, tickets are civil offenses, you are guilty on the preponderance of the evidence, so everything I said above is useless. As long as the Judge believe you were more likely than not to be speeding and that is all that is required even if both officer do not show, one officer's testimony could be enough to tip the balance pass 50% of you being guilty.

The only way to win is to prove you were not speeding or to show that the states case lacks any credibility. You will have to go after what equipment they used, how was the car identify and tracked, were other cars on the road which were similar make and model and color. Most likely you will not be able to use the hearsay rule and the right to confront your accuser since civil maters have different rules of evidences.