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Speeding Tickets & Traffic Citations Discussion of appropriate procedures and guidelines to successfully fighting speeding tickets and related traffic citations.

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  #1 (permalink)   IP: 76.24.57.130
Old 2010-06-14
yz2009 yz2009 is offline
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Default just got pulled over

So on the way home from the store i got pulled over.

Apparently the cop followed me from a rotary, then 2 miles down a road, through a stop sign then i took a left and i got pulled over half a mile down that road. The cop was pretty far away when his lights turned on so i dont know how he got my speed.

After i went through the rotary i got up to 80 on the road. then i stopped at the stop sign and took my next right then thats where i got pulled over. He wasnt right behind me at the stop sign either, he would have had already pulled me over so he was no where close to me. There is no way the cop got me with radar or lidar. He didnt check off any of the boxes and my radar detector didnt go off. All the was checked on the ticket was clocked, and estimated. Im guessing clocked is form him following behind me and guessing my speed? If he truly was behind me i would have gotten a ticket for 80 not the ticket i got which was for 50. He said he saw me at the rotary and he thought i was running away. The ticket for the 50mph is deffinitly his best guess. He wasnt close behind me at any point and didnt use radar etc...

So i was wondering if i was to appeal this what are my chances?

I live in mass if that matters.
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  #2 (permalink)   IP: 69.205.151.212
Old 2010-06-14
drkshdw983 drkshdw983 is offline
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Default My best advice

You didn't mention what the speed limit is on this road but if he wrote you a ticket for 50 when you were actually doing 80 I'd count yourself lucky. I'm not a lawyer by any means but speaking from personal experience I would say you have a chance of beating it in court. I would avoid arguing that he couldn't have gotten you with anything other than a brief sighting because you're likely to get into an argument with the officer you can't win. Not to mention the officer could pretty easily argue that 50 was a conservative estimate. I would base my argument on simple math. I would question the officer about exactly what he saw and how he measured your speed. Obviously it was some sort of visual estimate since your detector didn't go off. I would start by asking the officer how far away he would estimate your car was from his position during the estimate. How far he would estimate you traveled while he was observing you and how long it took you to travel that distance... a little mental math will tell you the speed that results from his estimate (distance x time = speed)... if it doesn't come out to 50 you've got a really good chance of making the officer look stupid and winning your case. However if you fail to do so you may end up making things worse for yourself. I don't know about Mass but in NY you can sometimes plead your charges down with the DA and avoid court... perhaps that's a better route if it's available to you.
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