Speeding Ticket but I'm positive Officer is in Error

[redgrave]

What is the name of your state? OHIO

I got pulled over last night for doing 82 in a 55. The only problem is I was only doing 60 - 62. I am absolutely sure of this because I have some broken bands in my rear tire and if I go over 70mph it vibrates, and it didn't vibrate from the entire trip since I had left my house. The situation was like this as silly as it sounds to me but I swear it is absolutely true. I have gotten speeding tickets before but I have never fought them because I was guilty of the violation, but this time I know I wasn't. I was travelling down the highway in the left lane of the 2 lanes available and as I approached an overpass I notice a white car in the right come up behind me at a pretty high rate of speed. Me being from this area full well know that police sit on the other side of the overpass looked at the speedometer to check my speed which was like 62. As we approached the overpass the white car slowed down to match my speed with the front of his car at my back bumper, he then accelerated after the overpass and cut across in front of me then hit his brakes to slow down to get into the left turn lane. I proceeded in my lane to the Red Light and noticed a State Policeman coming up behind the car behind me. I didn't think anything of it until he pulled me over. That's when he said he clocked me at 82MPH, I exclaimed " I think your in error sir." And he explained that even if he had gotten a reading from the car next to me (which he claims I got in the left lane to pass which was a false statement as I explained above this guy came up on me at a high rate of speed so he was behind me the entire time until he passed me and went to the turn lane.) that I was travelling at a higher rate of speed than him (which is also false as I stated above the guy was going faster than me as he approached me and then matched my speed at the overpass then continued with his excessive speed to the turning lane.) Couple of things that have jumped out at me about this are number one the officer stated that even if he had gotten a reading from the white car I was going faster! Well that means the officer acknowledges that the speed he captured could possibly have been from the other vehicle and not me! Secondly according to my account of the information (which is absolutely true I swear) If he had really gotten a reading from me of 82MPH that means the white car would have had to have been doing 95 -100 MPH. My dilema is how do I explain this in court without looking like a typical jack ass just trying to get out of a ticket. I am really upset that I may have to pay a $147 speeding ticket that belongs to someone else and take food from the mouths of my children? Any suggestions......my court date is 6/7/06. Thanks in advanced for the advice!What is the name of your state?

 

[averad]

take food from the mouths of my children??

Leave that part out of your defence story.

O wont anyone think of the CHILDREN *tears*

 

[poppakeith]

You may also want to leave out the part about driving on a defective tire.

 

[redgrave]

Defective Tire

Well the part about the defective tire is what most assures me that I wasn't going over 70MPH as I know that is when it starts vibrating significantly. I would think that would make a good point about my rate of travel.

 

[sukharev]

None of this is relevant. If you do want to plead guilty to a lesser charge, just talk to DA before trial and you are likely going to get a reduction. If you do want to fight the ticket, then you have to think of a better defense (search this forum and the web for several options, like radar calibration).

 

[redgrave]

Other research

I have been doing other research since this incident and have found that research about radar guns shows that when the gun gets the bounce back it is only able to determine the speed of the vehicle but is unable to determine which vehicle it has received the bounce from. The width of the beam that goes out from the gun can be as wide as the entire highway at a distance of 200 - 300 feet. I plan on getting the calibration information on the gun hopeing it is not within time testing limits, but this still doesn't help with the actual facts of what happened. Whatever happened to being innocent until proven guilty. Can the officer really prove that the reading he got was from me? He even admitted to me that it was possible his reading came from the other vehicle, but wether he will admit to that in court if he shows up is a different story?

 

[sukharev]

Who said you were innocent? You did admit you were guilty. Now, you can either try and negotiate with DA, or contest the charge as it stands. Make sure you testify, if you are going to do so, your testimony is alternative evidence (although weak). You can admit to 60 mph in 55 and maybe get it reduced by the judge.

 

[redgrave]

I never admitted I was guilty!

I was travelling aprox. 60MPH which is the flow of traffic through there. I am being accused of traveling 82MPH big difference from 5 mile over the limit to 27 mile over the limit. Without the other vehicle I never would have been stopped at my current rate of speed. I don't see how I'm guilty when the reading the officer received was from the vehicle traveling in my vicinity. Anyone here in the legal profession?

 

[Zigner]

I don't see how I'm guilty when the reading the officer received was from the vehicle traveling in my vicinity.

Fast forward to your court date and picture the look on your face when the officer says there was no vehicle except yours within the area that he took the reading on your vehicle.

Anyone here in the legal profession?

Yes, but you are convinced that you are not guilty, no matter what anyone says, so what does it matter?

 

[redgrave]

To be expected

That's just the point I'm making and why I'm asking for some advice. The big thing here in such a situation would be honesty. And if he says something different than what actually happened that is called perjury. It's a sad thing that the only deciding factor here is the officer who is supposed to uphold the law will be believed over the accused even though the officer would be lying. Sounds like a legal system with honesty and integrity to me! So again I readmit my statement that innocent until proven guilty is rubbish. I have to prove that I wasn't travelling at the stated speed and that circumstances permit for a level of error in the reading obtained by the officer. But being that I don't have video cameras mounted on my vehicle my word is the only evidence of this, my word (The puny citizen) vs the word of the officer (upstanding community member) who's to be believed!

 

[redgrave]

And to the second part

You are correct I am convinced that I am not guilty of travelling at a speed of 82MPH as I am accused. Mainly due to the fact that I wasn't travelling at a speed of 82MPH or a speed even close to that!

 

[sukharev]

You are correct I am convinced that I am not guilty of travelling at a speed of 82MPH as I am accused. Mainly due to the fact that I wasn't travelling at a speed of 82MPH or a speed even close to that!

Try proving this and see what happens. Officer, on the other hand, has plenty of proof. Don't make it a legal issue, because you don't have any case. My advice once again is to negotiate with DA to lower your charges. You can still try to contest, but be aware of the fact that it is nearly impossible, because your alleged speed was too high. Officer would always state he estimated it first, then confirmed with the radar. Even if you succeed questioning the radar, you still have to successfully question officer's recollection of visual estimate. My random low number generator gives approximately 0.00023% chance you will win.

 

[redgrave]

Visual Estimate?

As far as I'm aware an officer can't pull you over and give you a speeding ticket that would hold up in court by saying well sir I estimate you were traveling 82MPH so here's your ticket on my guesstimation? LMAO this place is a joke. That has to be the most absurd statement I have ever heard. Anybody know who I contact about the calibration records for the radar gun? Who holds the records regarding the surveying completed to assign the posted speed limit?

 

[kevinblackwell]

Perhaps a different approach/exploit the proceedure

In CA we have to show up and plead guilty or not guilty and if not guilty there is a second hearing scheduled or the judge adjudicates right there. What I have done was several days before I am to appear, ask for a delay. Then I have gone down to the court house several days before the rescheduled hearing and have asked to submit a written defense, kind of a trial by letter with all kinds of documentation to support my claim of innocence. I cannot tell you weather the supporting evidence was any good because the case never made it to a judge. In short, ask for a delay in your court schedule. The poor hardworking traffic officer has to try and meet schedule changes. Keep pushing for schedule changes, and if possible (you may only get one) do so at the last possible moment.

I was innocent of speeding one time (I too, felt he clocked another vehicle) and another time the cop was traveling to work in his unmarked car and was riding my tail in the early morning hours, when I stepped on it to get around a car traveling 10mph below the posted speed he lit me up. However, in both cases, due to delays, speeding charges were dropped because the officers could not make court appearances.

 

[kevinblackwell]

About the radar gun...

You have to subpoena the radar gun records from the officer. He is supposed to calibrate this and must show this in court if requested. Ask for other records before the court appearance as well; such as other recorded tickets (were there others clocked at 82mph?) prior to yours, etc.