Speed "estimated?" Unfair Discrimination?

[camhabib]

A few weeks ago, I was stopped at a red light, the first car in line. The light turned green and I proceeded - spiritedly to avoid the car on the right of me (he had blinker on to go left) from cutting in front of me. The street is a major road in a major city center, the time was 5PM, and traffic was heavily packed and for the most part not moving. <1000 feet down the road, I stopped at another red light. Behind me, I see a police cruiser weaving through stopped traffic, who proceeds to pull me over.

I get a ticket, $50 for "Harsh and objectionable noise" (90-16) and $250 ticket for 60 in a 35 (90/18) with only "Clocked" and "Estimated" checked. In the several hundred feet I was traveling, among heavy traffic, it was not possible for me to exceed 45mph, which I did not. The car is a completely stock sports car, and all exhaust and parts are likewise stock. The officer did not capture my speed or noise level on any instrument, to the best of my knowledge. He also was not traveling behind me at any point to clock my speed, as he only began traveling behind me once I was at a full stop.

What defenses am I afforded under the law? I currently reside in Massachusetts. I am a young male (<25 y/o) who was driving a high end car, and I feel I was unfairly discriminated against.

 

[Orcons]

It is pretty easy to fight it. First hearing is before a clerk magistrate, if you lose at that level you can appeal to a judge. You need to return the ticket saying you were not responsible first, though.

File a request under the MA Freedom of Information Act for copies of both sides of the officer's copy of the ticket. That will give you any notes he wrote. With any luck he will have noted his location relative to you. The officer will not be at the hearing but has to be at the appeal if you get to that point (if he doesn't show there you win.) At the hearing explain where you were and where the officer was relative to you and that he could not have seen you or accurately estimated your speed. Don't say that you didn't exceed 45 in a 35 as that would be admitting guilt.

You don't say what kind of noise you made - did you squeal your tires? If not and there is some problem with your muffler have it fixed and bring proof it was fixed to the hearing.

If you end up with an appeal you will need to get the officer to admit where he was and how he estimated your speed. If he really could not see you or estimate your speed (i.e., if he was going on the fact that you pulled away quickly) you should be able to get it tossed.

Good luck.

PS Lose the discrimination stuff. There are people in this world who are truly discriminated against. Being young and driving a nice car is not exactly a hardship. (If anything you want to claim you were profiled but that is also not a valid defense.)

 

[HighwayMan]

You can't be sure where the officer saw you, so don't assume. I've stopped many people who claim that they didn't see me and therefore I couldn't have seen them.