I was on a four lane highway which has a median that divides the north lanes from the south lanes. I was going south and the officer was going north.when I seen the officer flash his lights and start to turn around in the median. he got stuck by a couple of trucks and cars then 3 miles down the road I was stopped. I was speeding at 75mph, but got a ticket for 100mph. I do remember a car passing me as the officer was attempting his turn around. It is also 2am in the morning when this happened. obviously the car that passed me was clocked at 100mph and I was given his ticket. the problem is how to prove this at the court date, or can I prove it at all.it was also foggy and visibility was rough that morning so I can see how the officer made the mistake, somewhat? I believe officers do have the best interest in mind most of the time and I know everyone is innocent??? This time I really am falsely accused.....please help with ideas on proving this to the judge, Everyone makes mistakes!!!!
2006-11-21 02:14:28 · 12 answers · asked by mackdaddydon 1 in Politics & Government ➔ Law Enforcement & Police
You have, in my non-lawyer opinion, a *very* strong case for casting reasonable doubt in a judge's mind.
The officer obviously took his eyes off your vehicle while he was turning around. He lost track of your vehicle while he was behind trucks. It was dark. Visibility was limited because of the fog. Most convincing of all is your truthful statement that another car passed you going a high speed. Your case is helped if the car that passed you was similar to yours.
However, don't testify to *your* speed other than saying (if true) you were going at the speed of traffic. If you testify that you were going 75, the judge may just reduce the speed on the ticket to 75 and slap ya with a fine.
Also, you *may* be able to disqualify the traffic court judge if you believe he's prejudiced against your case. You find this out by visiting traffic court ahead of time and learning if the judge simply finds everyone guilty or if he seems reasonable. (In California, it's called a Preemptory Challenge and each side gets one free shot at a new judge.)
You don't need a lawyer. But you might want to check out books by Nolo Press (www.nolo.com).
2006-11-21 20:54:41 · answer #1 · answered by BubbaB 4 · 0⤊ 0⤋
If you can afford to retain a shyster...oops, lawyer, do so. Most are able to pick apart the slightest discrepancies, it's what they do best!
Otherwise challenge the officers radar certification, the radar unit calibration status (if it is current), the ticket should have weather conditions marked on it (cloudy, rainy, foggy, etc.) and could be used to cast doubt on whether it was really you.
Just be sure you show up for court, dress appropriately, and respectfully tell your side. Hopefully you won't get nailed with the 100 mph. Good Luck!!
2006-11-21 02:30:26 · answer #2 · answered by dpbmab 2 · 2⤊ 0⤋
Gather your information to present at the court. Get a local weather report for the area that you were in, showing that it was foggy at that time. Request the video from the police cruiser, specifically the part that shows where your car was clocked at 100 mph. This should also show the other car that passed yours at that time, hence you'll have video evidence that it wasn't you, though it may be difficult to distinguish between cars during a foggy night. Yet, this will also introduce uncertainty, in that the officer may be unable to distinguish between cars as well.
Good luck, hope you win.
2006-11-21 02:26:26 · answer #3 · answered by Anonymous · 1⤊ 0⤋
All you can do is go in and tell your story. You could try to cast doubt on what the officer saw, but he's likely to fill in the details he needs to get the ticket to stick, and the judge will side with him to a degree (he has nothing real to gain by lying). Your best bet is to tell your story and hope the judge sees it your way. If you can leave enough doubt, the judge may rule you guilty of driving 75.
2006-11-21 02:18:40 · answer #4 · answered by wayfaroutthere 7 · 2⤊ 0⤋
try to fight in in court, but probably you are just screwed. Officers can make mistakes, everyone is human, but they usually don't. With a 100mph ticket, they don't mess that one up, unless the person who passed you had the EXACT same car as you and same color.
2006-11-21 02:48:44 · answer #5 · answered by speedysundevil 3 · 0⤊ 0⤋
The cop timed SOMEBODY at an excessive speed and has to have an arrest. It doesn't matter if it was you or not to him, he will lie and the judge will believe him. You can try getting off on a technicality and you can tell your story but don't spend alot of time or money on this. Just do your best, tell the truth and pay the fine if you have to keeping in mind that cops lie. Remember this. Live by it.
2006-11-21 02:25:31 · answer #6 · answered by Michael 5 · 0⤊ 1⤋
It is rare, but oftentimes radar can pick up the wrong car or the officer can pick up the wrong car. With Laser, it is much more accurate if the officer hits the target vehicle. Hope you luck.
2006-11-21 02:18:15 · answer #7 · answered by Anonymous · 1⤊ 0⤋
That sucks. Your story sounds very believable. If you want to fight it get a lawyer and also have them question weather the officer is radar certified. If he is not the ticket is null and void anyway.
2006-11-21 02:19:45 · answer #8 · answered by Anonymous · 1⤊ 0⤋
Go to court and hope he dont show up so say not guilty.....Good luck and thats harsh
2006-11-21 02:17:48 · answer #9 · answered by Anonymous · 1⤊ 0⤋
your only hope is that the officer is a no show and you can get a dismissal
2006-11-21 02:16:50 · answer #10 · answered by Anonymous · 1⤊ 1⤋