Speeding in TN

[Mr Grace]

Two nights ago at 8.30pm I was caught by radar for driving at 75mph in a 65mph zone on US22 outside Huntingdon, TN (rural four lane divided setting). The police officer was sitting in the median, lights off. At the time I passed him I was driving 68mph. My cruise control had been set to 68mph for some time. I may or may not have momentarily accelerated to 70-75mph on a long, straight stretch of road prior to passing the police cruiser, I honestly can't remember. But if I did it would have been only for 5-10 seconds at the most. Interestingly, the police officer made no attempt to catch up with me at first. He waited until half a mile down the road to pull me over inside a 55mph city limit zone...by which time I had lowered my speed to 55mph. The weather was clear and dry and there was hardly any traffic around. Should I go to court to challenge the ticket? (I have one previous speeding ticket - 3 points - from 18 months ago).

Also, how do I find out if a speed limit on any particular road is "absolute" or "presumed"?

[Maestro64]

TN is a "absolute" speed limit state so 1 MPH over the limit is consider speeding no matter what the conditions are at the time.

Next it sounds like you were the only car on the road and for police with radar this is the easiest of tickets for them to justify they got the right person, all the standard radar defenses will not work.

The only way to truly win a ticket like this is if the officer fails to meet the other burden of proof that is required for radar tickets like calibration records, training records and test records of the unit was operating properly before and after he measured your speed. The officer has a number of things he must do to prove his case, and if you does not then you might get it tossed if you know what you are doing.

Other than that, you will have hard time discrediting the officer testimony that it was not you or it was someone else on the road at the time.

[HomeGuru]

Originally Posted by Mr Grace

Two nights ago at 8.30pm I was caught by radar for driving at 75mph in a 65mph zone on US22 outside Huntingdon, TN (rural four lane divided setting). The police officer was sitting in the median, lights off. At the time I passed him I was driving 68mph. My cruise control had been set to 68mph for some time. I may or may not have momentarily accelerated to 70-75mph on a long, straight stretch of road prior to passing the police cruiser, I honestly can't remember. But if I did it would have been only for 5-10 seconds at the most. Interestingly, the police officer made no attempt to catch up with me at first. He waited until half a mile down the road to pull me over inside a 55mph city limit zone...by which time I had lowered my speed to 55mph. The weather was clear and dry and there was hardly any traffic around. Should I go to court to challenge the ticket? (I have one previous speeding ticket - 3 points - from 18 months ago).

Also, how do I find out if a speed limit on any particular road is "absolute" or "presumed"?

**A: yes go to court and challenge the ticket.

[seniorjudge]

Hint: Don't use the cruise control story.

[Mr Grace]

Thanks guys for your opinions.

Two questions:

Why should I not bring up the cruise control point? This would likely be my main defense in court - or would have been.

I have heard that contacting the patrolman at work (either by phone or in writing) to politely ask him to drop the charge sometimes works. After all, they are public officals paid for by taxpayers. But is this a high risk strategy, especially as the officer who stopped me is actually the chief of police of the nearest small city!

I am self employed building up a small business. The fine would represent over 15% of my net monthly income.

[seniorjudge]

Why should I not bring up the cruise control point? This would likely be my main defense in court - or would have been.

Using a cruise control does not relieve you of any responsibility; it's just a way to use your gas pedal. You wouldn't (I hope) say, "Your honor I am innocent because my foot was on the gas pedal."


I have heard that contacting the patrolman at work (either by phone or in writing) to politely ask him to drop the charge sometimes works.

You heard wrong.