Got a speeding ticket, but the cop waited until i was in a construction zone?

Question

So here's the story. I was driving down I-70 in colorado, and yes I was speeding (so I don't mind pleading guilty to that). But the cop that followed me did two things that bother me. First of all, he was following me dangerously too close. I was afraid that if I were to slow down, he'd ram the back of my car. Also, he followed my car, for a mile into a construction zone, then pulled me over, stating the citation in the construction zone, so now I have double fines.
I'm not upset about the speeding ticket. But I am upset about how he incorrectly notated the ticket that the citation occurred in a construction zone. I also am not too happy with the officer's behavior. I don't think it is good to give tickets to people for unsafe driving, when he himself is not driving safely.
Any suggestions? My court date is in a month.

Answer 1

You continued to drive over the speed limit for over a mile with the Police right behind you. I'm sorry, but you do not have a defense.

Answer 2

You might have an excuse that you were speeding before the construction zone, but as you passed through the construction zone and you knew the officer was following VERY closely, that you were scared by his tailgating and by that point in time you didn't feel it was safe to put on your brakes at all because you believed the officer would have struck your car from behind.

The worst that could happen is the judge finds you guilty and you pay the full fine plus court costs (most states' court costs are about $50, but it may be different in CO).

The best case: the judge could find you only guilty of speeding in the regular speed zone.

Frankly, if you had hit the brakes to stop or slow down and the officer struck your car, it would be his fault for following too closely, so never worry about that.

Answer 3

Alot of comments but no answers.

1) Most likely the police were timing your MPH. Legally they must time you for one mile with a calibrated speedometer. When you go to court ask when the speedometer was last calibrated. Usually 60 days is the norm. Study up on this before you head into court. It should say on your citation what source he used to verify your speed.

2) Don't claim that you were afraid to slow down. Just point out to the judge that the officer was following too closely for the speed and that made you nervous.

Admit some fault and at least ask that if found guilty that the fines be regular and not doubled. Maybe speak with the officer before the hearing and ask him to ammend the citation to a reduced speed minus the doubled fines. This money isn't going into his pocket so he'll probably agree, as long as you didn't piss him out at the scene.

Answer 4

You might have a chance call a lawyer!! The only thing that would matter is the date however. Similar situation happened to a family member of mine and the judge wouldn't even hear anything from the cop and just threw out the ticket but this was in Canada so might be different.

Answer 5

Here's the problem. Colorado has some tough traffic enforcement. You admit that you were speeding and continued to speed through the construction zone. You failed to reduce your speed! (Take your foot off the gas pedal!!) the vehicle will slow down by it's self without braking usually, unless you're going down hill. The officer may have appeared closer than he was due to your mirrors, or was trying to read your license plate while calling it in. That excuse probably won't fly in court unless ou get a bleeding heart judge, not likely though.

The officer is immune from most traffic laws, see the "Exempt" plate on his patrol vehicle? That gives the officer vast latitude while operating his patrol vehicle.

I would ask for traffic school to keep this off your driving record. You'll still have to pay the fine but, keeping it off your record is a win, win situation.

Oh, slow down and live a while

signed Ret. Sgt State of Calif.

Answer 6

You were speeding in a construction zone. The ticket fits the offence. You say that you were afraid to slow down on nthe basis that if you did he would ram you. But you did slow down and apparently didnt get rammed. If you refused to pull over for over a mile then you can't expect to get customer service with a smile.

Answer 7

Were his lights on before you entered the construction zone? If so, you could easily argue that the offense occurred before the construction zone, and when you entered the construction zone you were not speeding because you were slowing down to pull over. If not, then you're probably out of luck. The cop's unsafe driving will be ignored, as the system protects it's own.

Answer 8

You were speeding in a construction zone. You should have slowed to the speed limit when you saw the cop. An officer can judge your speed in many ways, one of which is pacing your vehicle, that is, he uses his calibrated speedometer to record your speed. He's got to be pretty close to do that accurately.

You can try to fight it and you might get a sympathetic judge, but don't count on it.

Answer 9

Well you can't argue that you weren't speeding in a construction zone. Cops can't harass you though, so you might want to tell the story as it is to the judge when you go to court and at least see if he will change it to a regular ticket. Did the cop have his lights on while he was following you?

Answer 10

People generally slow down when the cops are right behind them. Yep, you continued to speed while in the construction zone. You should have slammed on your brakes, causing him to hit you. He would have been in soooo much trouble. I always slam on my brakes when people follow too close. If they hit me, it is their fault, and I make money from the insurance!