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Speeding ticket in Colorado, speed not clocked

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Jessica Tuttle

Junior Member
What is the name of your state? Colorado

Im thinking about fighting this ticket, but Im not sure if I have any grounds to or if I should. I was following a car who a police officer clocked at 42 MPH in a 25 zone. He pulled that car over and as i passed, he waved at me to pull over as well, so I did. He then came and told me that he clocked the other driver at 42 MPH and since i was fairly close behind her he was going to issue me a ticket for that speed as well. Now, Im not sure what the laws are, so I dont know if his word against mine in that matter will hold up in court. Being that its an 80 dollar ticket and 4 points off my license, not to mention i wont get my good driver's discount on my insurance anymore if i plead guilty, I think it might be worth it to fight it, but I was hoping for a 2nd opinion from someone who knows whether I stand a chance or not.
 


The Occultist

Senior Member
Well, he has records to show that he issued a driver for speeding based on clocking him, and then ascertained that you were driving as fast as him. I don't see what's wrong with that. It would be like if an officer was driving and paced with you to figure out your speed, only instead of his own car, he used another car for reference.
Try to negotiate some sort of plea bargain that would result in no points.
 

The Occultist

Senior Member
Keep checking back though. Others may offer different advice, and I'll be the first to admit I'm not the most knowledgable. :eek:
 

cepe10

Member
Jessica Tuttle said:
What is the name of your state? Colorado

Im thinking about fighting this ticket, but Im not sure if I have any grounds to or if I should. I was following a car who a police officer clocked at 42 MPH in a 25 zone. He pulled that car over and as i passed, he waved at me to pull over as well, so I did. He then came and told me that he clocked the other driver at 42 MPH and since i was fairly close behind her he was going to issue me a ticket for that speed as well. Now, Im not sure what the laws are, so I dont know if his word against mine in that matter will hold up in court. Being that its an 80 dollar ticket and 4 points off my license, not to mention i wont get my good driver's discount on my insurance anymore if i plead guilty, I think it might be worth it to fight it, but I was hoping for a 2nd opinion from someone who knows whether I stand a chance or not.
if you can always go to court. if you fight it or simply ask for derferrment you are still better off.

That type of "measurment" doesn't meet and of the training or criteria for DOT, NHTSA or DOT speed enforcement programs.

you also have other possibilities with the radar unit itself and the case law for co may help:

from people v. walker:
Based on evidence derived from a radar device, the respondent, Raymond L. Walker, was convicted in the Aurora Municipal Court of the offense of driving 66 miles per hour (mph) in a 35 mph zone. On appeal to the Adams County District Court, the conviction was reversed on the grounds that the prosecution had not presented sufficient evidence of the accuracy of the radar device used by the arresting officer to determine the respondent's rate of speed. We granted certiorari to review the judgment of the district court, and we now affirm that judgment.
 
Jessica Tuttle said:
What is the name of your state? Colorado
Im thinking about fighting this ticket, but Im not sure if I have any grounds to or if I should. I was following a car who a police officer clocked at 42 MPH in a 25 zone. He pulled that car over and as i passed, he waved at me to pull over as well, so I did. He then came and told me that he clocked the other driver at 42 MPH and since i was fairly close behind her he was going to issue me a ticket for that speed as well. Now, Im not sure what the laws are, so I dont know if his word against mine in that matter will hold up in court. Being that its an 80 dollar ticket and 4 points off my license, not to mention i wont get my good driver's discount on my insurance anymore if i plead guilty, I think it might be worth it to fight it, but I was hoping for a 2nd opinion from someone who knows whether I stand a chance or not.
The methods employed by police officers for judging your driving speed are many, including the one you have described. His "word" will be upheld in court, if he sticks with it. Even so, an honest cop will not be so confident that a second, following car was traveling exactly the same speed as one he registered on radar or otherwise clocked at 42. Guy might be persuaded you were only doing 38 or 40, for instance. Trouble is, that does not really help your situation materially. Still more than 10 miles over.
 

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