Speeding, but at what speed?

[Mcg4908]

What is the name of your state? Massachusetts

I was tickeyed for speeding in Barnstable, MA. State police issued a citation for 80+ mph. He said he clocked by his speedometer.

He also noted my speed as (85 > 80).

If he paced me, wouldnt he have a exact speed?

I saw him coming up behind me and was passing cars in the left hand lane, in order to clear the left lane for him.

He never had me sign the ticket either, which is common in a warning, but is required for a civil traffic infraction.

I have asked for a hearing, will the state be required to have a prosecutor present?

What are your suggestions?

F

 

[moburkes]

My suggestion is to go to court if you think the ticket was written illegally.

 

[cepe10]

Here is a good link on all of that. You have to notify the court you are contesting the charge. there will not be a prosecutor.

http://www.lawlib.state.ma.us/traffic.html

The pacing is highly inaccurate - he would also have to show how he knows his speedometer is accurate...

See
01/03/79 COMMONWEALTH v. KATHLEEN WHYNAUGHT on addmissibility and weight for speed measurement prosecutions

"in any speeding case tried after the date of this opinion, where radar readings from untested equipment are admitted over objection and without independent corroborative evidence, we shall undoubtedly reverse any judgment of guilt and order that a judgment of not guilty be entered. The issue as to what constitutes adequate testing we leave to a consideration of specific future cases as appraised in light of the general principles included in this opinion."

You should always show up and challenge the ticket... You stand and excellent chance of dismissal, probation, reduction that may save you thousands in insurance premiums..

 

[Zigner]

Here is a good link on all of that. You have to notify the court you are contesting the charge. there will not be a prosecutor.

http://www.lawlib.state.ma.us/traffic.html

The pacing is highly inaccurate - he would also have to show how he knows his speedometer is accurate...

See
01/03/79 COMMONWEALTH v. KATHLEEN WHYNAUGHT on addmissibility and weight for speed measurement prosecutions

"in any speeding case tried after the date of this opinion, where radar readings from untested equipment are admitted over objection and without independent corroborative evidence, we shall undoubtedly reverse any judgment of guilt and order that a judgment of not guilty be entered. The issue as to what constitutes adequate testing we leave to a consideration of specific future cases as appraised in light of the general principles included in this opinion."

You should always show up and challenge the ticket... You stand and excellent chance of dismissal, probation, reduction that may save you thousands in insurance premiums..

Actually, OP would have to show some reason that it is NOT accurate.
And, your cited case doesn't seem to relate to a PACING case...