I got pulled over for speeding. According to the police officer I was going at 80 mph but he just wrote 60 mph on the ticket. He told me he could take me to jail and impound my car. I weight 185 lbs , 5'7 and the police wrote 160 lbs and 5'8 so if he didn't get my weight right and my height he could made a mistake also.
I told him to check my record it's clean.
I just want to know if I can win this in court if he doesn't have any proof of my speeding.
Thanks
2006-07-07 08:11:49 · 31 answers · asked by ecuapapito23 1 in Politics & Government ➔ Law Enforcement & Police
As part of their training, officers learn to estimate speed by just looking at your vehicle and the surrounding area. They can also get your speed by pacing you. Neither of these methods have "proof" that they can show. The court will believe the officer over you because the officer has no reason to lie about your speed. You, on the other hand, do have a reason why you might lie.
And anyway, the officer did give you a break on the ticket. He could have ticketed you for 80 mph. You should be happy you didn't get cited for reckless driving.
One last thing: How does your weight and height being wrong on the ticket show that you were not speeding? It doesn't, does it? If you bring this up in court, the officer will get the chance to amend the citation to reflect the weight and height from your drivers' license.
2006-07-07 08:45:41 · answer #1 · answered by Mama Pastafarian 7 · 1⤊ 0⤋
what state you live in? I know in NY, if the police officer wrote something wrong about the make/color or anything about the car, that ticket will not go against you, that was for parking though. Don't know if your appearance will help in anyway, it's only an approximation.
If this is your first offense, the judge might be lenient and it is possible, maybe 30% chance, you could win the case. Just tell the truth. Say you were following the flow of the traffic, and you think you are going at 60 or somewhere above the speed limit. If the speed limit is 50, say you are going at 55 or 60. In local, police will let you go if you speed by 5 miles, and 10 miles in highway. Good luck!
2006-07-07 08:24:39 · answer #2 · answered by 2feEThigh 5 · 0⤊ 0⤋
First you need to work on your grammar! As far as the mistakes on the ticket, he may have just copied the information from your driver's license. If that is the case the mistakes are not the officer's fault but yours. If you want to take the ticket to court, that is your right. Were you speeding? If so you deserve the ticket so suck it up and pay the fine. It doesn't really matter if you were doing 80 mph or 60 mph, besides the officer may have been trying to be nice by writing the citation for less then you deserved because your record is clean. So if you want to take it to court go ahead but my bet is you would lose.
2006-07-07 08:27:50 · answer #3 · answered by passion8 2 · 0⤊ 0⤋
the height and weight mean nothing cause he probably took it off of your driver's license and you don't typically stay the same weight, as for the reduction in speed limit from 80 to 60 he may have only clocked you at 60 (if he did clock you at 80 and was being nice then count your stars). If the cop shows at the court house during your trial then chances are the judge will convict you just on his testimony, but if the cop doesn't show then the judge ussually lets you off with a warning, So the best bet would be to go to court yourself and pray the cop doesn't show, if he does just plead guilty cause you don't have a chance.
(one other thing if your speedometer was broken you could enter that into the court and you may get a fix it ticket instead of the speeding ticket)
2006-07-07 08:18:43 · answer #4 · answered by jmdavis333 5 · 0⤊ 0⤋
Usually they measure speed with radar. He also has other ways like comparison. He did you a favor by writing 60 mph. His mistakes on your height/weight are not very large. I think he's pretty good. He may have used your license, which might be incorrect. I doubt you can win in court. The officer has no motivation to lie and you have a big motivation to lie. Do you really want to lie in court? You should just pay the ticket. If you go to court and try to fight this officer who did you a favor by cutting 20 mph off of your speed you will regret it.
2006-07-07 08:17:06 · answer #5 · answered by Sufi 7 · 0⤊ 0⤋
No, "visual speed" is acceptable evidence. If it is your word against the officer's, weight goes to the officer. It is common for officers to mark a lower speed on a ticket, they are actually cutting you a break, and giving you a lower fine. Technical mistakes on a ticket do not void it, not even the mispelling of your name. Your chances of winning in court basically hinge on whether or not the officer shows up (and they show up 99% of the time). I would suggest going to traffic school to avoid the fine, most states allow you to take it online.
2006-07-07 08:19:49 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Supposedly they can tell how fast you were going by watching the other cars and/or scenery around you. How was he able to "guess" your weight and height? I'm guessing he got it from your driver's license and if that is true, your point is invalid. Go to court, hope he doesn't show, and be glad he only put 60 on the ticket instead of 80. YOU GOT CAUGHT SPEEDING, YOU COULDN'T TALK YOUR WAY OUT OF A TICKET, NOW DEAL WITH IT!!!
2006-07-07 08:17:52 · answer #7 · answered by startwinkle05 6 · 0⤊ 0⤋
Take it to court. He should be on tape saying the speed of 80. The citation will show 60. That will win it. Don't bother with the height and weight.
2006-07-07 16:32:25 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Haha. Get used to cops yo, they suck. Even if you didn't speed, and it sounds like you did, they have the upper hand as they are in cahoots with the Judge. They don't need proof. Their word is usually good enough, unfortunately, like cops never lie or abuse their power. If you go to court the Judge might lower the fine or drop the charge from your record with a fine. But otherwise the only thing you can do is to not break the law again.
The system is flawed.
2006-07-07 08:16:49 · answer #9 · answered by someDumbAmerican 4 · 1⤊ 0⤋
Regarding height and weight discrepancies it means nothing.
In reference to pacing in some places, and those that certifiable training in pacing it is admissible into court. For those running radar, many states require the officer to be certified to run the equipment, which it is within your rights to find out if he was, and if he wasn't it could be your lucky day. He does not have to show you the radar readout, that is a courtesy that many officers do. Consider yourself lucky that he only wrote for 60. The officer may not actually show up for the date on your ticket, however if you decide to have it held over for trial then he would be subpoenaed and required to show up.
2006-07-07 10:05:15 · answer #10 · answered by dannyl410 2 · 0⤊ 0⤋