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  #1  
Old 01-21-2003, 11:06 PM
Copbait
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Question

Wrong Date on Citation


I recieved a speeding ticket in AZ on a Sat. morning. I do not feel that I was speeding at any time, the officer quoted my speed as 85 in a 75. In AZ 85 is the maximum speed on an Interstate and the citation is considered criminal traffic a class 3 misdemeaner.

The date on the citation is for Fri. also in the officer's notes, he says that the event happened on Fri. morning. I have proof that I was at work all day Fri. Is this enough of a defense or should I plan for a stronger case?

According to the notes, he paced me for 12 miles as my speed ranged from 85-90, I don't think this is accurate, and at no time during the 12 miles did he use a radar gun. Also, since he approached from behind, he had to have been going faster than me, and therefore cannot have accurately estimated my speed.

I first noticed him approx. 1/3 mile behind me and gaining quickly, I checked my speed and was driving 80mph, I moved to the right lane to get out of his way, this is when his lights came on and he pulled me over.

How should I go about planning my case??

PS - I am 24 and drive a new red Corvette, the officer made a few comments that led me to believe he didn't care for a young guy in a nice car.
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  #2  
Old 01-22-2003, 08:38 AM
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The wrong date is not cause for the citation to be dismissed. You provide no other evidence that the ticket was not warranted. Pacing is a very common method of catching speeders and is very accurate. I would suggest you hire an attorney if you wish to fight the ticket.
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  #3  
Old 01-22-2003, 10:57 PM
djprice
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I disagree**************


While pacing can be accurate it is imperitive that the patrol equipment be in proper operating condition. In Georgia for a speeding citation issued by pacing to stick the officer must prove to the court that the vehicle's speedometer had been recently calibrated, and that the Officer himself has made numerous cases in the past of such offenses and has sufficent capability to interpret the speed of a vehicle travelling the same direction as he. If your arresting Officer was driving a car with high mileage chances are the unit had not ever been recalibrated by an authorized technician, and hence the reading would inevitably be inaccurate. My first question in court would be... How old is your car, and how many miles do you have on it, verifying that the car in question is the same car the Officer stopped you with. If the car has high mileage and the officer cannot attest to when the speedometer was re-calibrated I would ask the Judge to dismiss the case for lack of proper speed detection equipment, and allegate that the reading the Officer got was erroneous due to the age or mileage of the patrol unit. That's the only thing I can think of, I've had a hard time making those stick. Forget the date thing, that'll never fly.
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Old 01-23-2003, 11:50 AM
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Mr. Price, what does a Canadien quoting Georgia law have to do with the OP? Not a damn thing. The OP is in Arizona. And it does not matter what state this ticket was issued in, the officer does not have to prove that the speedometer of the car is calibrated, the person receiving the citation (or his attorney) have the burden of proof. They will have to subpeona the records and provide evidence that the speedometer is out of calibration. That is why is suggested the OP contact an attorney. May I suggest to you that you stick with your laws, ehhh.
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Old 01-23-2003, 11:55 AM
djprice
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Ok grandpa....


Whatever you say. Who said i was a Canadian....
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