Cop mistake?

What is the name of your state? Michigan

Today, I was on my home from a family vacation and my dad was driving. We got pulled over and the cop said we were going 90mph in a 70mph speed limit zone, but my whole family knows that my dad was not driving 90...he never does. Plus, if he was, he would have been either really ahead of everyone else or weaving in and out of lanes, which he was not.

We asked the cop to see the radar and he said that in MI they don't lock their radars...but I'm wondering if this is true??

My dad plans to write a letter to the court (since it's 4 hours away from our home) and tell them what happened.

Does anyone advise that we do something else? My dad really does not want a court date, but he doesn't want points on his record either. Thanks!

[Bravo8]

Writing a letter is a waste of time. Tell your father to follow the directions provided him. I'm sure the proper way to respond is not writing a letter.

He either pleads guilty and pays the fine, or takes a hearing and goes to court.

Bravo,

Thank you for your opinion. If my dad goes to court, what are the chances of the judge taking his word over the cop's word? It really could have been an honest mistake on the cop's behalf.

Also, what about locking the radar.....is it true that they dont lock them after seeing that someone is speeding?

Thanks,
Hebba

[Bravo8]

Hebbs,

I know of no state that requires the officer show the defendant the radar (or whatever device is being used) with the locked speed. Realistically, what purpose would it serve? The same people that insist upon seeing it now, would simply say something to the effect of, "Well the officer must have locked it on someone else and is using their speed for me." I'm not saying you or your father are this type, nor am I saying that all states don't require it. Some may....I don't know.

The reason I say writing a letter is a waste is b/c it is not proper procedure. Besides, the letter is hearsay unless the writer appears to testify that he wrote it.

My local magistrate gets annoyed beyong belief when people send in a letter of explaination with nothing else. he throws away the letter, enters a "Not Guilty" plea for them, and sends a hearing notice. When they don't show up, as is commonplace, they are found "Guilty in Abstentia" and have to pay the fine anyway (plus additional costs). If they don't pay, a warrant is issued for their arrest, their driver's license is suspended in Pa, and Pa contactes their home state to also suspend their license.

In court, the standard is beyond a reasonable doubt. The officer must prove beyond a reasonable doubt that your father committed this violation. If it comes to your father's word against the officer's word and testimony on the violation and radar, the judge will most likely find him guilty. Simply saying the officer is mistaken or lying won't work......although mistaken is probably a better choice of words.

You need to introduce doubt into the judge's mind. The radar wasn't calibrated, the road isn't properly posted, etc**************.stuff like that. Just make sure there is a factual basis to your claim.