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      05-06-2007, 05:03 AM   #1
SE3P_to_E90
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Getting pulled over for speeding -- Question?

I've always wondered this...

Let's say, you accelerate, speed... the whole nine... then, a cop who's either at an intersection (at a red light), or in the oncoming traffic lane spots you speeding -- or accelerating hard...

Given this scenario, he has no "proof" (i.e. radar receipt, etc) that you were speeding except for the fact that he physically saw you speeding. I'm aware that he can give you citations for wreckless driving/endangerment, and/or road-rage...

Without proper documentation (Radar/Laser Receipt), What can he do (citation-wise) on the sole account that he only, physically, saw you speeding..?

I know he can still give you a ticket -- speculating on your estimated rate of travel -- but does this citation still hold up well in court?

I haven't gotten a ticket for speeding for over a year now (maybe 2 years), and was just wondering what it type of authority they can practice...
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      05-09-2007, 03:42 PM   #2
UncleWede
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Sworn officer testimony as to your speed is valid in most courts, unless you can come up with some sort of circumstance to discredit his opinion. Like the sun was setting behind you, there were buildings/trees in between.
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      05-09-2007, 03:45 PM   #3
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Quote:
Originally Posted by UncleWede View Post
Sworn officer testimony as to your speed is valid in most courts, unless you can come up with some sort of circumstance to discredit his opinion. Like the sun was setting behind you, there were buildings/trees in between.
+1. The judge will always believe in favor of the officer unless you can find a way to discredit him. If you really want to know a specific answer, you should go on e46fanatics and go to the "cop talk" thread. Its pretty much police officers anwsering the usual questions people have.
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      05-09-2007, 03:52 PM   #4
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from what i've seen in court, police officers are trained at eye-balling approx. speed of car without using a radar, with that certificate of training is proof to the judge that the police officers judge of your speed is accurate......as a result the judge will favor the cop.... lame i think........but ehhh what can you do, paychecks need to be paid..
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      05-09-2007, 03:54 PM   #5
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Quote:
Originally Posted by UncleWede View Post
Sworn officer testimony as to your speed is valid in most courts, unless you can come up with some sort of circumstance to discredit his opinion. Like the sun was setting behind you, there were buildings/trees in between.
Correct. In that type of situation, an officer can use a technique where he uses the amount of time you passed by 2 landmarks as the basis for proving you were speeding (i.e he knows that 2 phone poles are 100 ft apart and it took you 2 seconds to cover it when a car traveling the limit should take 3 sec.) or if it's obvious that you speeding by the way you are passing others.

In trafffic court, you're basically guilty unless you can prove yourself innocent.
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      05-09-2007, 04:20 PM   #6
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I thought in US court... i was innocent, until proven guilty... lol
not in driving i guess...

I remember long ago, this crap happened... and my lawyer discredited him because he marked down the wrong street... and the lawyer questioned his observation credibility... muahaha~

still, $$ outta my pocket.
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      05-09-2007, 04:31 PM   #7
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Your best bet is try to get the speed dropped to lower than 15 so no points on your license. I should know lol 10 tickets since I sold my Bullitt mustang to the insurance company (thank you A/C van running a red light) and bought a lexus IS300 all blacked out!!! Your dead to rights when it comes to a cops word against yours. A lawyer can discredit the cop in most circumstances like this but youll end up paying just as much for the lawyer as the ticket itself. I have everytime gotten the ticket dropped completely, turned into a county ordinance so no record of it, or reduced speed to well under 15 over.

Hope this helps,
Mike
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      05-09-2007, 04:51 PM   #8
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yea, as said, in the court room, the officer is considered a professional and he can testify what your approximate speed was.
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      05-09-2007, 05:39 PM   #9
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We just need to go to photo radar and drop all this pulling over crap. Europe is so much better. You get your speed and where it happened and a bill to pay. Thanks and have a nice day. Get the cops to bust some real criminals instead.
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