where is the PROCEDURE that cops need to follow when issueing tickets?

[cyr0n_k0r]

What is the name of your state?
Arizona

Maricopa County.

I'm getting real sick of the courts always telling me it's my job to find out this information. But it's not listed anywhere. No where is it to be found in the Arizona Revised Statutes, TItle 28.

http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=28

I was given a criminal ticket for speeding by method of "pacing"
This is grossly inaccurate and the cop was hauling ass down the road speeding up to me. So obviously his speedometer reading is questionable. However, I can't find anywhere on the books where it specifically says what a cop can and can't do when issuing a ticket.

What is the procedure they must follow when issuing certain types of tickets. If he paced me, then he must do this for this amount of time, then he must do that. And so on. Where can I find this information?

 

[makesmewannagag]

there is no set distance for "pacing". The officer need merely be satisfied that your speed is consistent.

There is no book of he must do this and then he must do that.

 

[Zigner]

So, were you speeding?

 

[cepe10]

The "Highway Safety Desk book" is a great start.

http://www.arizona-dui-defense.com/Highway-Safety-Desk-Book.htm

It has the guidelines for speed measurements from the National Highway Traffic Safety Admin. (NHTSA)

The Law enforcement Agencies are supposed to be certified and have training to these standards.

Based on what you have posted the guidelines were not followed - insufficient following time at speed exactly matching target.

Also, the patrol car speedometer would need to be calibrated and certified on the date of the reading.

 

[cepe10]

"The speedometer must be calibrated regularly and must be used responsibly. This method is somewhat subjective because it is done by pacing. It is recommended that pacing be done for at least two-tenths to one-half mile, at a speed at which the violator's vehicle is gaining just slightly on the officer. When a speeding car is detected and the clock is completed, the vehicle should be pulled over."

 

[Zigner]

Cepe, how can you jump to the conclusion that procedures weren't followed. What our OP failed to mention is how long the officer was pacing him BEFORE he "hauled ass" to catch up?

EDIT: 2/10 of a mile is less than 12 seconds

 

[JIMinCA]

Cepe makes a good point. However, you'll have to compare the standards he discussed to what the cop actually did. Your interpretation of what he did is much less convincing than his. Therefore, you need to request discovery so you can have all of his notes. If he states how long he paced you, or fails to state any distance, you could have a much better case.

 

[lwpat]

The officer is going to get on the stand and state that you were speeding. the judge is going to find you guilty. That's the procedure.

 

[CdwJava]

And, of course, that "procedure" is only "recommended" - it is not "required".

- Carl

 

[The Occultist]

The officer is going to get on the stand and state that you were speeding. the judge is going to find you guilty. That's the procedure.

Eh, here in AZ, I've seen judges err on the side of the defense in speeding trials quite a bit, for similar reasons the OP is expressing. But, of course, we don't have the officer's notes so we don't know exactly what happened

 

[SHORTY LONG]

IMHO their are three sides: (1) The whole Truth; (2) The Officer's side; and
(3) The [OP]'s side; thus, a Court of Law!

 

[trieroffact]

there is no set distance for "pacing". The officer need merely be satisfied that your speed is consistent.

There is no book of he must do this and then he must do that.

Please provide the authority or reference for the afore mentioned statements. You seem to be implying there is no training or certification required for speed measurements or training manuals or IACP, NHSTA guidelines which is obviously blatantly false. What are your qualifications to be making such false statements of fact?

 

[makesmewannagag]

Please provide the authority or reference for the afore mentioned statements. You seem to be implying there is no training or certification required for speed measurements or training manuals or IACP, NHSTA guidelines which is obviously blatantly false. What are your qualifications to be making such false statements of fact?

Please cite ARS statute that requires any set distance for pacing tickets. It is up to the judge's discretion, based on the details of the issuance, nothing more. Not on your training manual, not on your recommendations, and not on your mama.

You might instead look up the words guidelines and recommendations.

Didn't the fact that you attempted to have that post removed, and yet, just like magic it is back, tell you anything??

And by the way, when is the LAST time you left your cubicle and were even IN the state of Arizona??

 

[cepe10]

Please cite ARS statute that requires any set distance for pacing tickets. It is up to the judge's discretion, based on the details of the issuance, nothing more. Not on your training manual, not on your recommendations, and not on your mama.

You might instead look up the words guidelines and recommendations.

Didn't the fact that you attempted to have that post removed, and yet, just like magic it is back, tell you anything??

And by the way, when is the LAST time you left your cubicle and were even IN the state of Arizona??

That means you have no authority to cite or qualifications. APS is certified to NHSTA and IACP standards. You are wrong again.