Didn't do it - officer didn't know speed limit

[nealm]

What is the name of your state? Missouri

My wife was driving on a main secondary street and an oncoming officer turned around and pulled her over. He initially said he pulled her over for driving 55 in a 35. She says she was at most driving in the low 40s. Since she didn't believe the speed quoted she asked the officer to see his radar gun. At least for Missouri Highway Patrol (this was a municipal officer), it is pretty much standard practice for them to have the driver go to the car and see the speed on the gun. He refused and she asked if he had even clocked her, to which (and admittedly not surprisingly) he gave no response. He took her license back to his car to prepare the ticket and when he came back he said it was a ticket for 55 in a 40. Turns out the speed zone had been 40 for about 1.5 mile stretch that my wife was in the middle of.

The ticket has blanks for the speed limit and the actual speed, but the officer did not fill them in ("speeding" was written in the citation block). The prosecutor won't talk to her because "it would be a conflict because he will be trying the case." So, I guess prosecutors don't do plea bargains? The court said that the ticket is in the system as 55 in a 40. My wife doesn't think she was speeding, but other than saying "nuh-uh" she doesn't have evidence to prove a negative. Is there any way for justice to prevail?

[racer72]

Hire an attorney to represent your wife. It is obvious from your post that you are too emotionally charged to help your wife.

it is pretty much standard practice for them to have the driver go to the car and see the speed on the gun.

I'm calling BS on this one.

[sukharev]

Originally Posted by nealm

Turns out the speed zone had been 40 for about 1.5 mile stretch that my wife was in the middle of.

Check how this speed limt was established. Was there a speed survey done within 5 years? If not, you may have a defense.

Originally Posted by nealm

So, I guess prosecutors don't do plea bargains?

You frequently do get to plea bargain, but there are certain procedures for that. Check with the court clerk to find out how to request this. If it's only available right before the trial, then that's what you have to work with. It may not be available at all in that particular court, which is unusual. Also, the place to look is Missouri rules of crimial/civil procedures.