1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Received Illegal Speeding Ticket from alleged officer Pacing

Discussion in 'Speeding Tickets, Traffic & Moving Violations' started by DOCwsun, May 8, 2019.

Thread Status:
Not open for further replies.
  1. army judge

    army judge Super Moderator

    Messages:
    30,054
    Likes Received:
    3,986
    Trophy Points:
    113

    Only ONE of the parties has provided her/his side of the the alleged citation saga.

    I'm sure the LEO would have a very different version of events insofar as what prompted the citation being issued, and that will be revealed in court.

    One only has to check the statistics nationwide regarding traffic citation outcomes to GUESS how this saga ends.
     
    Zigner likes this.
  2. mightymoose

    mightymoose Moderator

    Messages:
    10,191
    Likes Received:
    1,477
    Trophy Points:
    113

    I have seen judges dismiss basic speed citations without the defendant jumping through hoops and without attorneys... The officer simply fails to explain how the speed was unreasonable or unsafe for conditions. Granted this depends on the judge and their mood that day, but the OP's original question regarding this is on point. Despite the headlights and the pacing, it must be shown the indicated speed was unreasonable, and so long as not exceeding the maximum that remains possible. OP has plenty to work with if choosing to defend this citation.
     
  3. Zigner

    Zigner Well-Known Member

    Messages:
    565
    Likes Received:
    314
    Trophy Points:
    63

    Fair enough.
     
  4. army judge

    army judge Super Moderator

    Messages:
    30,054
    Likes Received:
    3,986
    Trophy Points:
    113


    Having set in judgment on such cases, I need only point to the nationwide statistics regarding traffic citations.

    As a judge hearing such matters, I did there what I can't do here, ordered people not to babble on endlessly, ramble, rant, rave making some inane, irrelevant point.

    I learned my mantra, "Obey their laws" from my first mentor, a cagey old, country jurist who became a lawyer by reading the law under another cagey old, country lawyer.

    If I were a betting man, I'd put my $2 on the LEO over the driver any day.
     
    Highwayman and Zigner like this.
  5. mightymoose

    mightymoose Moderator

    Messages:
    10,191
    Likes Received:
    1,477
    Trophy Points:
    113

    Me too, but if people are determined to argue their case they should have an idea of how to go about doing it effectively.
    I believe most think they can simply show up and give a sob story excuse, or otherwise hope the officer fails to show.
    For the rest, they need to be prepared to subpoena documentation, ask relevant questions of the officer, and be organized in presentation- and to do it all briefly.
    The officer's testimony wins most of the time, but most of the time they aren't confronted with a competent defense.
     
  6. army judge

    army judge Super Moderator

    Messages:
    30,054
    Likes Received:
    3,986
    Trophy Points:
    113

    Even when they are informed, the sob story, the woe is me, I been screwed does make an appearance.

    OTOH, I have yet to see a LEO, even a rookie fall apart in a traffic case, even a misdemeanor.;)
     
  7. flyingron

    flyingron Active Member

    Messages:
    270
    Likes Received:
    101
    Trophy Points:
    43
    That's not true. Perhaps some little departments, but the LAPD, for one, does calibrate the speedometers and train the officers.



    Such is not required in this case.

    You'll have a hard time arguing that if it was night that any amount of street lighting or ambient light is sufficient in lieu of headlights.


    I didn't say he couldn't make a case without an attorney. I said with his rather incomplete information he would have a hard time coming up with a convincing case without one. He doesn't know anything about where the officer even observed him. All he has put forward were laughable (and in at least two cases incriminating) excuses for why he's right. That won't fly in court.

    There's no point in subpoenaing the officer. If the officer isn't in court, his case is a slam dunk. If the officer is in court, then he can ask all his questions he wants.[/QUOTE]
     
  8. mightymoose

    mightymoose Moderator

    Messages:
    10,191
    Likes Received:
    1,477
    Trophy Points:
    113

    The subpoena is not for the officer. The officer is already required to be there.The subpoena is for discovery.
     
  9. Zigner

    Zigner Well-Known Member

    Messages:
    565
    Likes Received:
    314
    Trophy Points:
    63

    One does not need a subpoena for discovery on a traffic ticket in CA.
     
  10. mightymoose

    mightymoose Moderator

    Messages:
    10,191
    Likes Received:
    1,477
    Trophy Points:
    113

    Try telling that to the agencies that refuse to release anything without one.
     
  11. Zigner

    Zigner Well-Known Member

    Messages:
    565
    Likes Received:
    314
    Trophy Points:
    63

    :rolleyes:
     
  12. DOCwsun

    DOCwsun Law Topic Starter New Member

    Messages:
    13
    Likes Received:
    0
    Trophy Points:
    1
    That's just it, I was not speeding. I was just cruising along 35 mph. It doesn't make sense to chase down the only car on the road then attempt to pace a vehicle with lights off. making it harder to see the vehicle at 2:30 in morning, instead of using Radar.
     
  13. DOCwsun

    DOCwsun Law Topic Starter New Member

    Messages:
    13
    Likes Received:
    0
    Trophy Points:
    1
    never wrote citation for lights, he just made the comment " then I got you for speeding 55 in 35". complete lie. was during 35 mph just going home like always.
     
  14. cbg

    cbg Super Moderator

    Messages:
    7,780
    Likes Received:
    1,031
    Trophy Points:
    113

    Would you boys please just put your rulers away and take it offline if you must continue this mines-bigger-than-yours argument? The rest of us are not finding it edifying.
     
  15. DOCwsun

    DOCwsun Law Topic Starter New Member

    Messages:
    13
    Likes Received:
    0
    Trophy Points:
    1
    I was during the speed limit 35. Its 2:30 a.m. in morning, no people walking around, no other vehicles around, no parked cars. Weather was clear, dry roads, nothing but street lights on. found it strange he made up 55 mph. If anyone was doing 20 mph. it was safe due to conditions described I think. .
     
  16. DOCwsun

    DOCwsun Law Topic Starter New Member

    Messages:
    13
    Likes Received:
    0
    Trophy Points:
    1
    OK! thanks everyone for the information given out.
     

Share This Page

Thread Status:
Not open for further replies.