Proof of Speed

[Fiestaman]

What is the name of your state? TX

I was told recently that if you are pulled over for speeding, you should ask to see the radar because if it is not presented, the ticket will be thrown out. Is this the case or was my friend incorrect in saying this? Also, he said if a cop asks to search your vehicle, you can refuse and they are not allowed to search without reason to. He suggested that if this were to happen, before I step out of the vehicle when asked to, I should roll up the windows, and turn off the car. Is this true also? Thanks in advance for clearing this up for me.

[CdwJava]

Originally Posted by Fiestaman

I was told recently that if you are pulled over for speeding, you should ask to see the radar because if it is not presented, the ticket will be thrown out. Is this the case or was my friend incorrect in saying this?

Your friend was NOT correct.

Also, he said if a cop asks to search your vehicle, you can refuse and they are not allowed to search without reason to.

This is generally true. However, if he has a valid reason to tow the car or good cause, he CAN search the vehicle. Absent that, he would need your consent.

He suggested that if this were to happen, before I step out of the vehicle when asked to, I should roll up the windows, and turn off the car. Is this true also? Thanks in advance for clearing this up for me.

It's always good to turn off the motor if you are not in the car. and I don't know what rolling up the windows will do. If the officer has a valid reason to search he's going to search.

- Carl

[racer72]

Rolling up the window sounds like a good way to piss off the officer. I have heard billy clubs are very effective at fixing that problem though.

[Fiestaman]

So a cop can actually say I was going 90 in a 30 zone, and it's his word against mine? That seems retarded. What if you were to have other people in the car testify, would that help? Or once again, would the judge believe the cop just cause he's a cop.

[CdwJava]

Originally Posted by Fiestaman

So a cop can actually say I was going 90 in a 30 zone, and it's his word against mine? That seems retarded. What if you were to have other people in the car testify, would that help? Or once again, would the judge believe the cop just cause he's a cop.

Well, if you were doing 90 in a 30 you'd likely be in jail.

And, yes, it generally IS your word against the officer's. Most crimes we arrest people for are just that. And, yes, your friends can testify on your behalf. However, the operating assumption is that the officer has no vested interest in the outcome of the event and nothing to gain by making up a tale of your speed. He could be wrong for whatever reason you might point out, but the general presumption is that he is being truthful absent other information. He does not win a toaster for giving you a ticket, and he doesn't get a raise if he wins in court. However, your friends may be seen by the court as having a vested interest in supporting their pal, so their testimony may be minimal. Not to mention the fact that it is extremely doubtful that ANY of them were eyeballing your speedometer prior to the stop.

What kind of proof would you expect the officer to have? The radar? If he were that devious, what would keep him from locking on to the fastest car he had seen and just saving THAT reading to show everyone who asked?

Of course, since this is all hypothetical as you did not come here with an actual incident, apparently, it is an academic exercise anyway.

- Carl