Speeding ticket, but officer lied on ticket clearly!

[Biggamer3]

What is the name of your state (only U.S. law)? ny

He pulls me over saying i was going 83 in a 65 zone. First off this was impossible since my cruise control was on 75 but thats not the point.

When i asked him if he saw me speeding he gave me this tidbit "another officer saw you speeding and radioed me to pull you over"

But on the speeding ticket the officer who pulled me over wrote that I was speeding and caught by radar and added that he himself had "Direct Observation" which clearly wasnt true.

I got him on audio saying that another trooper said i was speeding.

Is this gonna be easy to win since the other officer wont show up to my court date?

 

[antrc170]

He pulls me over saying i was going 83 in a 65 zone. First off this was impossible since my cruise control was on 75 but thats not the point.

That's not impossible. You could be lying or your speedometer may not be properly calibrated. Age of the vehicle, incorrect calibration at the factory, or different tire sizes are all common reason which may through off your speedometer.

I got him on audio saying that another trooper said i was speeding.

Did you get a expert to certify that it was the officer on the recording? The court may or may not accept allow you to use the recording without proper documentation about the contents. Also, the police are allowed to lie to you. The officer may simply explain that he was trying to illicit additional information from you that would incriminate you in the act of speeding such as "Oh yeah, I saw him but he didn't pull me over so I figured it was okay to go this fast."

Is this gonna be easy to win since the other officer wont show up to my court date?

It is not an easy win at all. The other officer may be there. Many jurisdictions the officers have the same court dates, or the citing officer may ensure that he is there. The "direct observation" can be amended quite easily.

 

[HighwayMan]

But on the speeding ticket the officer who pulled me over wrote that I was speeding and caught by radar and added that he himself had "Direct Observation" which clearly wasnt true.

I doubt that. Troopers/officers do not write narratives on the face of a Uniform Traffic Ticket. There is no provision for that.

 

[Biggamer3]

I doubt that. Troopers/officers do not write narratives on the face of a Uniform Traffic Ticket. There is no provision for that.

Yeah there was a question on ticket with question of "Based on officers" and he filled in the answer with "Direct Observation"

 

[Free_Advice]

What is the name of your state (only U.S. law)? ny


But on the speeding ticket the officer who pulled me over wrote that I was speeding and caught by radar and added that he himself had "Direct Observation" which clearly wasnt true.

How could he not have seen you? He pulled you over, right? He may have been speaking of a visual estimate...

You'll need to attack the testimony & evidence regarding the speed measurement devices/methods used. It sounds like an officer measured you on RADAR or LIDAR and an officer(s) visually estimated your speed.

Prepare a defense to account for what is likely to be brought up at trial.

Discovery, etc...

 

[HighwayMan]

Yeah there was a question on ticket with question of "Based on officers" and he filled in the answer with "Direct Observation"

There is no such thing on a Uniform Traffic Ticket.

Where was this ticket written? And by what agency?

 

[HighwayMan]

It sounds like an officer measured you on RADAR or LIDAR and an officer(s) visually estimated your speed.

Re-read the first post. He already said it was radar.