Is this Legal? (Speeding Ticket)?

Question

I was cited for speeding. One officer operated the radar gun and a second officer wrote the ticket. Do they both have to appear in court? Does the officer operating the radar gun have to be the one to issue the ticket? I did not see the officer with the gun show the other officer the speed. How do i fight this?

Answer 1

Yes - both officers would have to testify. This is because of hearsay rules in which either officer cannot quote the other in court. One of the officers has to testify on the measurement and the identification of the suspect the other has to testify he pulled over the correct suspect.

Beyond that they have to prove in court that the measurement device was accurate. The National Highway Transportation Safety adminstration as well as well established case law across the nation provides this guidance. Many times the law enforcement agencies do not bother to keep their measurement devices current in calibration since most people just pay the ticket.

I would contest the ticket - the worst you'll get is a court fee. The benefits are large - probation, or dismissal will result in huge insurance premiums savings.

Answer 2

Speeding tickets are hard to beat. Some of the fine revenue may actually go to the coffers of the court that tries you. But the main thing is that the officer has maybe 5000 successful prosecutions for speeding in his career, while you have this one ticket. Unless you have truly sensational evidence, the judge is probably going to tune you out before you even start speaking. They have heard it all in terms of excuses.

There is a delay between when the ticket is issued and when you go to court, if you actually decide to contest it. This delay gives you a cooling down period and after a few days you realize you can't fight city hall so you just pay it. Only 3% of motorists who received traffic tickets bother to contest them, and less than 6% of those who contest actually win.

Look at it from another point of view. Despite what you may think, most officers actually give the motorist a break. If it is a borderline case or if there is any question about the radar unit operating correctly, the officer will probably not cite you. Police officers do not make a habit of issuing tickets to innocent motorists. Occasionally an honest mistake is made, but 99% of the time when a motorist gets a speeding ticket, it is because he was speeding. The very best way in the world to not get speeding tickets is....don't speed.

Answer 3

In New York State.

Yep! 100% legal. Both Officers should appear in court if you demand trial. The issuing Officer can issue the ticket on the written or verbal deposition of the radar operating officer.

Also in New York State, the officer does not show the radar or laser.

Make sure you show up in court or a "bench warrant" may be issued and your license may be suspended. This generally means some jail time and or bail money being posted.

Generally, if you speed...suck it up and drive slower. Just think of the cost if you hit and killed or injured someone.

Oh! don't think it won't happen to you. After all you didn't think you'd get busted for speeding.

Have a nice day, from a retired Cop.

Answer 4

It is completely legal for one to operate the radar and another write the ticket. It is actually done quite a lot. It is always the case when Police use aircraft to catch speeders. The plane almost never lands on the highway for the pilot to sign the ticket.

The question here is, were you speeding? If you were speeding then take your lumps and pay the ticket.

If you want to fight it, do that. Everyone has that right. If you lose you will pay more court costs and you will pay the witness fees of the officers.

Answer 5

Most people don't realize that a "radar" is only admissible in court to back up an officer's allegations of unlawful speed. An officer's experience with traffic control and speed laws will be his testimony in this particular case.

If speeding cases were based solely on what radar indicated, then police departments would have to provide pictures of your vehicle and pictures of the radar indicating your speed, and that just isn't the case.

Believe me, the officer has been working in the field of law enforcement longer than you, and knows how he would prepare his case against you.

You can be cited for speeding (misdemeanor) in the presence of an officer. You were speeding in the presence of an officer and he called in your speed to the pursuing officer. It is the same for an officer to tell another officer that you were speeding as a radar telling an officer that you were speeding.

In my opinion both should show up in court. But like I said, the officer that wrote the citation can articulate why he wrote the citation solely based on experience with traffic controls and speed laws.

Answer 6

The officer who wrote the ticket has to appear if requested. The officer who handled the radar can be requested to appear as a witness. How would you see anything if you're driving, and watching the road?. Obviously, you weren't watching the speedometer. These allegations will not help you in court. Depending on your driving record, you might want to contact an attorney. Either way, plead guilty, or not guilty, and have your day in court.

Answer 7

Your question is interesting as we don't know some of the facts.Were the two officers in close proximity, so that the writer could read the radar gun? Was it a situation whereby the writer was in a car, and pulled you over, at the request of the other officer? What are past practices in these case, with the police, and are they accepted by the court? If you wish to fight this I'd suggest that you question the training, and how often it is updated of the officer with the radar gun. When was the gun calibrated? Who was it calibrated by? Was it the officer who actually used the gun? What is his training to calibrate the gun, and is he certified? By who is he certified? What are their qualifications to certify?

Answer 8

Oh, so if every person is breaking the regulation via dashing previous the officer, he's meant to do what? look ahead to the time whilst purely one guy or woman is dashing? What continuously seems unfair is once you are the single picked out of 5,10, or much greater vehicles and given the value tag. sometimes your huge sort purely comes up and now you would be totally conscious that following the value of different site visitors isn't a competent protection. additionally, the tint would have been made it somewhat greater in all risk that he might %. you on the grounds that needless to say you will be ticketed for that besides. subsequently, you extremely will have not any protection. purely use this as a reminder that could be useful you sidestep it sooner or later. at last your factors will come off your license. so some distance as you no longer questioning you have been dashing, who do you think of the decide will have self assurance, the officer with the kit to degree velocity, or the 18 3 hundred and sixty 5 days previous who would not think of he replaced into going 80 two? besides, whether that is not too inconvenient, i might nevertheless bypass to courtroom and plead in charge. If the different value tag isn't yet on your record, you will desire to nevertheless get employing college. do exactly no longer lie if asked approximately the different value tag.

Answer 9

You should be more concerned about your speeding. Why get all hung up on who aimed the radar and who wrote the ticket? Instead of worrying about whether the one operating the radar has to write the ticket, worry more about driving within the speed limit and you won't have to worry about nonsense like this.

Answer 10

I don't think you can fight it. The officer with the gun most likely radioed the officer that wrote the ticket as to what your plate number is and what speed you were going.
I don't think they both have to be there, but I am not sure about that fact.