Wrong Location on Speeding Ticket - Speeding limit different

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hotsun

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My question involves a speeding ticket from the State of: Virginia

I received a speeding ticket in the city of Ashburn for 40 in a 25 mile speed zone. This happened after it was DARK.
I was going on a street passed through the 25 miles speed zone, entered 35 miles speed zone. After I drove for a half a mile (0.5 miles) in the 35 miles zone, cop's car flashed the lights behind my car. I immediately pulled over.

I was told that I was doing 42 in 25 mile zone. at that time I was not sure about the speed limits on that street. I went back and checked next day.

The officer wrote down the offense location that was over a half a mile (0.5 miles) behind where the speed limit was 25 miles per hour. About 100 yards after that offense location, the speed limit changed from 25 miles to 35 miles.

I strongly believe that the cop locked the radar in 35 miles zone. Even in the 35 miles speed limit zone, I believe my car speed was between 35 - 40 miles. Then I noticed that a car came very fast behind me and started following me too close. It was a single lane road, and I had to speed-up to keep the distance from the vehicle behind me since I was not sure if any aggresive driver was in that vehicle (it was dark and I did know that it was a cop car). If officer's car was not too close and had I not speeded up, I would have been very close to 35 mile per hour speed.

Also, officer never put the flashing lights on until I passed at least 0.5 miles in the 35 miles speed limit zone. If officer had spotted my car at the offense location, he should have flashed lights and stopped me immediately. Instead, followed me for over half a mile and forced me to speed up by following little too close.


I would like to contest the ticket and plead not guily. I am not sure how to proceed since I never contested before.

Can I ask following questions to the oficer?

-- Why the officer did not stop me at the offense location? Why he did not put the flashing lights on immediately before following my car for another half a mile?

-- Can I get the exact location on the street when the cop locked the speed on the radar gun? Is the GPS location information available in the radar?

-- Can I ask for cop's video recoder on the car to prove that cop stopped me in different speed zone area and was following me little too close?


Thanks in advance for any help you can give me.
 
As far as him not pulling you over immediately, he could have been running your plates and or waiting to get to safer spot to pull you over so that part will not matter in court. I also do not think a judge is going to accept the excuse that you had to speed up because someone was following to closley. You can go to court and plea not guilty and give your reasons. It most likely will not matter but you never know. If your driving record is decent the judge may offer driving school to keep it off of your record. As far as the gps I am not sure on that part, someone else with more knowledge about that part will chime in. Good luck to you.
 
I was told that I was doing 42 in 25 mile zone. at that time I was not sure about the speed limits on that street.

Then thee is a good chance you were exceeding the limit.

The officer wrote down the offense location that was over a half a mile (0.5 miles) behind where the speed limit was 25 miles per hour. About 100 yards after that offense location, the speed limit changed from 25 miles to 35 miles.

What the officer apparently wrote down was the location where he stopped you. On the officer's copy of the ticket he has a place to write down and explain in full what happened. He likely indicated where he initially observed the violation and where he made the stop. Your only hope with this argument is if you go all the way to court with this and hope that the officer wrongfully states that speed limit where you were stopped rather than where he first observed you.... unlikely.

I strongly believe that the cop locked the radar in 35 miles zone. Even in the 35 miles speed limit zone, I believe my car speed was between 35 - 40 miles.

So you were still in excess of the limit, and in all likelihood were going that same speed, just as the officer said, through the 25 zone.

Then I noticed that a car came very fast behind me and started following me too close. It was a single lane road, and I had to speed-up to keep the distance from the vehicle behind me since I was not sure if any aggresive driver was in that vehicle (it was dark and I did know that it was a cop car). If officer's car was not too close and had I not speeded up, I would have been very close to 35 mile per hour speed.

That is a bogus excuse and will get you nowhere. If anything, you should slow down and allow the other driver to pass.

Also, officer never put the flashing lights on until I passed at least 0.5 miles in the 35 miles speed limit zone. If officer had spotted my car at the offense location, he should have flashed lights and stopped me immediately. Instead, followed me for over half a mile and forced me to speed up by following little too close.

This is nonsense. Nobody ever gets stopped at the exact location of the offense unless they are stopped. The officer observed you at a certain location, caught up to you on the road, gave your license plate and his location over the radio, then stopped you. A half mile is not far at all and is well within reason.

As suggested, seek traffic court for this petty offense and it will stay off your record. It is super easy to exceed 25. Watch your speed in town.


I would like to contest the ticket and plead not guily. I am not sure how to proceed since I never contested before.

If you do then you may lose your opportunity to seek traffic school. It doesn't sound like you have a good argument to make.

Can I ask following questions to the oficer?

-- Why the officer did not stop me at the offense location? Why he did not put the flashing lights on immediately before following my car for another half a mile?

Because your vehicle was moving, he had to catch up, and because there is no requirement to stop you at the exact location.

-- Can I get the exact location on the street when the cop locked the speed on the radar gun? Is the GPS location information available in the radar?

There isn't any GPS info. If you seek a trial then the officer will have to explain what happened and you can ask questions to specify the location of the offense vs the location of the stop.

-- Can I ask for cop's video recoder on the car to prove that cop stopped me in different speed zone area and was following me little too close?

The officer may not even have a camera in the vehicle. The speed limit where you were stopped is not significant. The speed limit at the location of the violation is what matters. You will not know for sure what his report says unless risk going to court.

Thanks in advance for any help you can give me.

No problem :)
 
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