I got a ticket, but the police officer didn't have the speedometer in his car, plus he wasn't right behind me, he was the 2nd car behind me...he said he was pacing me. By law, can he give me the ticket without being right behind me and without the speedometer? He gave me the ticket with his "own judgement"...can I fight this case in court? I already plea NOT guilty. I will be glad if someone can help me with that!!
2006-10-07 21:10:10 · 22 answers · asked by Caia 1 in Politics & Government ➔ Law Enforcement & Police
Technically you can, but most judges will throw it out when they learn that he was pacing you. I would say it was worth fighting.
2006-10-07 21:30:34 · answer #1 · answered by letitcountry 4 · 0⤊ 0⤋
First you need to clarify your equipment if you are going to fight it. The "speedgun" is called a "traffic radar unit". As for pacing you, that is legal. The speedometer in the patrol car was showing the officer how fast you were travelling, as he matched the pace of your car with his. That is enough to stop you and write you the infraction (ticket). Radar is more accurate, but they can stop you by pacing your speed, so you will not get out of the ticket by claiming it was an illegal way to catch you. You can fight it in court, but unless you can figure out a way to show his speedometer was incorrect, or a way to show you were NOT going the speed indicated on the ticket (and you will have to prove this; you can't just say "he/she was wrong" without something to back it up), you will probably have to pay a fine. The judge may be nice and reduce the cost of the ticket, but the officer pretty much "has you" in the guilty position. Good luck.
2006-10-07 21:18:04 · answer #2 · answered by nontatertot 3 · 0⤊ 0⤋
a million. The Laser velocity detection gadget is residing house workplace authorized, would be calibrated (each year) and additionally checked formerly and after use. 2. in case your velocity is in a techniques extra effective than the shrink for that street (or maybe the variety of vehicle you're using) a number of factors are taken into consideration. a) What threshold will the police tolerate? b) Is the line classed as one companies to injuries, undesirable using and so forth? c) street and climatic circumstances. 3. working example while you're over the shrink, say doing 40 in a 30, you would be stopped, given a cost ticket. while you're given an endorsable fastened penalty no NIP is needed, besides the indisputable fact that while you're stated for summons to the community magistrates courtroom, a verbal NIP will acquire, recorded the two interior the officers word e book (you would be asked to sign) alongside with and questions and solutions. If he police are winding up silent exams, ie, checking the fee of autos and noting those that are over the shrink, sending the registered keeper a written NIP and asking the call of the motive force on the time of the alleged offence. A rule of thumb is that in the time of maximum circumstances 10% +3mph of the shrink and you'd be ok. some officers provides you with extra, which includes in a 30 shrink making use of the ten% + 3 provides you with 36 mph and around it off to 40 then you quite would get finished, and truly there is not any argument. Simples. answer, do no longer velocity, abide by the regulations of the land.
2016-10-15 23:20:34 · answer #3 · answered by ? 4 · 0⤊ 0⤋
Yes the police can give you a ticket for exceeding the speed limit without a speed gun. The ticket will be for estimated speed. There is a stated case, where there are two officers in the car and corroborate, the evidence will be accepted by the court(probably). In the the Met most cars above pandas have a calibrated speedometer. If it was me sticking you on, I would get the vehicle I was driving lazered by a traffic officer to confirm the accuracy of my speedometer and get them to complete a statement to that affect.
If however the officer was on his/her own deffo take it to court.
I would take it to court anyway. If you get a lay bench you are in with a right shout.
2006-10-07 23:35:23 · answer #4 · answered by GRILL 2 · 0⤊ 0⤋
Your goin' down! He's got the goods on you! Cops are always right! It's their TRAINING! Your best bet is to go to court and argue that you weren't speeding, or at least you weren't doing the speed the cop wrote down. (less is better, much less is much better) There's a reasonable doubt here of a dead accurate estimate, and if jthe judge has any kind of legal mind, he'll lighten the beef, and maybe even cut the fine in half. It's better if they tag you with a radar gun. You have a better chance of beating that. It's a machine, it wasn't calibrated right, the cop didn't know how to use it, he was pointing at the wrong car, it was raining and he got a bad reading. I'M INNOCENT I TELL YOU!!!
2006-10-07 21:42:09 · answer #5 · answered by Kim 4 · 0⤊ 0⤋
All states are different in the USA! In the state of California a police officer can give you a ticket without a radar gun and he/she does not have to be right behind you!! Pacing is a very common way for police officers to determine the speed of any vehicle!
You can fight it in court of coarse and since you pled not gulity, you have to prove why you're not gulity!!
In California traffic courts the police officer testifies first then you are given the chance to do the same!!!
Good luck!!!
2006-10-07 21:28:57 · answer #6 · answered by danielle s 1 · 1⤊ 1⤋
Yes, you can get a ticket by law under these circumstances. You can always show up in traffic court and contest the ticket however. If the officer doesn't show up, and you do, then you might automatically win and the ticket be dismissed.
2006-10-07 21:21:17 · answer #7 · answered by kim v 2 · 0⤊ 0⤋
You have doubts about the technique used to judge your speed, and you don't believe you're guilty of what you were cited for. Nothing else really matters - You've given reason to go to court and have your case and your opinion heard, so that you can feel comfortable with your handling of the matter. If you do not go to court, you will always look back on this event and wonder if you should have challenged it.
2006-10-08 03:18:11 · answer #8 · answered by nothing 6 · 0⤊ 0⤋
Yes, Pacing tickets are very easy to get out of. Especially if he wasn't right behind you. You should hire an attorney to have the case thrown out.
2006-10-08 08:33:26 · answer #9 · answered by jwurm99 3 · 0⤊ 0⤋
yes. you can still get a ticket even if he did not use his radar gun. he is also trained to approximate how fast you were going or by "pacing" you. now, if you want to DISPUTE the ticket, most judges won't give you the time of day if you were CLOCKED BY RADAR. but in your case, if you wish to dispute the ticket, by all means, have at it. i live in CA, and by just showing up, the judge will automatically cut the ticket in half for you so it's worth saving some money. good luck!
2006-10-07 21:12:02 · answer #10 · answered by Jennifer B 3 · 2⤊ 0⤋
How do you think they did it before radar was invented? The speedometer, by the way, is that thing with the needle and the numbers that's right in front of you that you were not paying attention to that tells you how fast you are going.
2006-10-08 20:00:35 · answer #11 · answered by Barry DaLive 5 · 0⤊ 0⤋