Got pulled over last night and the highway patrolman said that we were doing 80 when we were really doing 50. He said he "paced" us at 75 before catching up to us. Is it legal for him to "pace" us? Doesn't he have to get us on radar?
2007-03-22 15:52:20 · 13 answers · asked by Jackie F 1 in Politics & Government ➔ Law Enforcement & Police
Boyfriend got pulled over last night and the highway patrolman said that we were doing 80 when we were really doing 50. He said he "paced" us at 75 before catching up to us. Is it legal for him to "pace" us? Doesn't he have to get us on radar? plus he said it was 80 in a 40 zone...try 50 in a 45 zone...then on the ticket he put 75 in a 65 zone. Plus...Right before he pulled us over is a turn in the road...by the time we got to the turn lane, about 300 feet away, the officer was just making that turn. I think that him "pacing" us was him doing 75 to catch up to us...It's a bunch of bull **** if you ask me...Plus, he smelled so bad of alcohol.
2007-03-22 16:19:09 · update #1
I can't help but feel a lot of these answers are leaving out extremely pertinent details about your post.
How can these other posters say to "just pay the fine" when clearly there are a lot of discrepensies here about what this cop did and whether you are actually RIGHTFULLY guilty of what the cop said you were? If you were speeding you were speeding, but the ticket should say what really happened and the cop had to have used legitimate means to pull you over etc.
The discrepensies:
1. Wrote a ticket for speeding in a 65 zone when it was a 45 zone. That is all-out cheating and lying on his part.
2. Saying the he paced you when he never actually did! He made a turn and sped HIMSELF to catch up to you. He cannot pace you without following you. If he is using HIS speed to CATCH you as the "pace" speed...again; all-out cheating and lying.
Take this to court and make this officer own up to what he did. If the officer is lying or incorrect, put the legal system through it's paces. Never just pay or accept anything unless it's rightful. Don't be intimidated or "beat down" by a corrupt situation. Officers can be lazy about their ticket writing. Make them own up to stand by what they wrote down.
You have his name so if you feel he was in the wrong WRITE HIM UP. Make him think twice about cheating and fooling around with the citizenry (if that is what he actually did here).
I am all about legal fairness with cops..both with their actions unto civilians and their OWN legal actions. I do not believe cops should be less "on the hook" for their actions than civlians but actually MOREso.
2007-03-23 12:14:25 · answer #1 · answered by fel123_2000 2 · 1⤊ 1⤋
No, he does not have to get you on radar.
Yes, he may pace you.
If you believe you were not doing the speed you were cited for, you may take the matter to court. You can also opt to plead guilty and accept traffic school if you are eligible.
You may certainly challenge the speed estimate. This can be done by a couple of different methods. If you have the time to dedicate to research, and are not afraid to tick off a judge, then you can always check out one of the many "beat your ticket" books found at the local bookstore. If you want to just make a couple of Hail Mary passes, then consider a trial by written declaration. If you lose the TBD then you can quickly ask for a new trial before the court. If the officer shows, you might consider asking if you can plead guilty and ask for traffic school.
There are a number of options here. But, the long and short is that the CHP can pace you.
As for the alcohol, it could well be that he just got finished dealing with a drunk ... when a drunk pukes, breathes, or pisses on you or in your car, it can be most annoying!
- Carl
2007-03-22 17:30:18 · answer #2 · answered by cdwjava 3 · 0⤊ 0⤋
It is legal for cops to pace someone. A way you can challenge it though is as well the 65 in a 45 zone thing like you said is ask for proof that his spedometer is calibrated.
When in court, if you have been paced, ask the officer when the speedometer was last calibrated, who did it, and what was the recorded error ratio? How many miles, weeks, months or years have passed since it was last calibrated? If more than 90 days or 10,000 miles have passed between the last test and the day the citation was issued, then the accuracy is questionable.
Good luck.
2007-03-23 18:26:19 · answer #3 · answered by Anonymous · 0⤊ 0⤋
no, a officer may pace you, and actually this is considered more accurate in court in general, since all of the 100's of ways you can challenge radar can't work for this.
Next normally when given a chance a officer will always follow you for a while first to run your plates prior to pulling you over.
Not all officers are certified in radar and pacing was the orginal way to catch.
So pay up the fine they got you
2007-03-22 15:59:12 · answer #4 · answered by Anonymous · 1⤊ 1⤋
First off the alcohol smell was more than likely Purell hand sanitizer. We all have it in our bag and use it after we deal with the public. Heck, I wipe down my car before the shift with sani wipes! If you did smell "the odor of an alcoholic beverage" it was probably you and your boyfriend. Quit crying about the ticket. I've had at least a half a dozen of them in my life. Just go pay it! And yes, "pacing" is legal.
2007-03-22 20:07:08 · answer #5 · answered by wfsgymwear 3 · 0⤊ 1⤋
Pacing is an effective way of catching people that are speeding, and its just as good as radar.
2007-03-22 16:12:37 · answer #6 · answered by zebj25 6 · 0⤊ 0⤋
Pacing is OK & was used since before the days of radar. Radar actually can be less accurate & can be challenged more easily.
2007-03-22 16:00:11 · answer #7 · answered by jellybeanmom 5 · 1⤊ 0⤋
No..he can pace you....some people think they pace from the rear...but in some cases they'll "trap" a driver by pacing them while ahead of the car....the idea is that drivers think that if they stay at the speed of the CHP who is ahead of them they wont get a ticket...wrong...it's one of the ways they get you.
Radar is used...but in more rural areas that don't have a lot of traffic.
2007-03-22 16:02:05 · answer #8 · answered by Anonymous · 0⤊ 0⤋
In California "Highway" is a generic term covering all streets, roads, avenues, etc..that are maintained and used by the public. CHP has jurisdiction.
2016-03-29 00:24:05 · answer #9 · answered by Anonymous · 0⤊ 0⤋
No. Pacing is just one way of measuring speed. Get over it and pay your fine.
2007-03-22 15:58:19 · answer #10 · answered by Anonymous · 2⤊ 0⤋