Pulled over and sited for speeding but I wasn't. What can I do?

[johnna5438]

What is the name of your state (only U.S. law)?
Sited in West Virginia but I am from South Carolina.

I was going 35, I have 4 witnesses (including myself) in the car stating I was going 35 but I was pulled over. The police said, I was doing 50 in a 35, which I know I wasn't. If I was guilty I would pay it but I wasn't speeding. This happened in West Virginia and I am from South Carolina. I took the week off work to take my mom to the hospital for surgery and be with her. This happened early in the morning before 6am on the way to take my mom to have surgery. I believe they (yes, they; there were two officers). I saw them sitting there from a long distance back, why would I speed past them. My radar detector beeped and I looked to see how fast I was going (habit), it was 35. Hypothetically, if I was going 50 why did they wait so long to pull out to pull me over? In SC, they would have come out as soon as I passed them, but they waited almost two large city blocks. I believe they seen I was out of state, it was early in the morning and they thought they were going to find drugs and didn't. My 76 year old mother was in the front seat and my two teenage children were in the back seat. The other officer came to my son's window and hit it with his flash light and told him to roll the window down. He shined the flashlight on the floor and all around the back of the car. The officer also says to me, "Why are you up here anyways?" I said, to take my mother to the hospital for surgery, which she only lives 10-15 minutes away. When I was pulled over we were one block away. I have a 2010 Dodge Journey. I know the speedometer is correct. I have been by the radar signs in construction and it is accurate. I also have a GPS and it tells me my speed literally and it shows it. It showed 35. It is also accurate and been checked. I just wanted to give you some information to help you answer my question. Should I fight this? They told me it was going to be $180 fine and they didn't know how many points SC would give for it. Could you advise? Should I get a lawyer and fight it?

 

[ecmst12]

How did the officer determine your speed?

The people in your car are not witnesses, they are family members. And even if there was an uninvolved party that witnessed it, unless they were holding a radar gun or some other means of objectively determining your speed, their testimony would be meaningless.

 

[johnna5438]

I feel like sueing because the hastle the city police are causing me. Because if I fight it, I do not feel I will win representing myself. So I will be out the cost of a lawyer, losing income for taking off work to come back for court, plus getting 4 points for something I know I wasn't doing. I am shocked my family can't be called to testify. They were in the car and saw the speedometer. My kids always look to see how fast I am going when we pass a police car. It is a habit for them, just like I look to see how fast my husband is going when he is driving and passes a police car. This is probably where they get it.
The police officer said, "mam, do you know why I pulled you over? I said, no sir I don't. He said, I clocked you going 50 in a 35". He never mentioned a radar gun. So I am not sure what device he used. Thank you for the information. All the information I can get is very much appreciated.

 

[ecmst12]

It should be noted on the ticket what method was used to determine your speed.