Originally posted by Boost on This
Hey All,
I need some advice on a speeding ticket I got last night that I plan to fight.
Short and simple.
1. Highway Patrol….one female and one young male.
2. Ticket for 90+ (they never clocked me).
3. I got on the freeway 110 N…from one on ramp to the next exit.. 90+ in a SHORT distance.
What was the distance? Since a stock 03 Cobra can run 12.4-12.7's and trap well into the 110's in 1320 ft, you could have easily hit 90+ within 1200 ft which is nothing.
HIGHWAY PATROL STORY.
The cop was chasing someone else from a 1/8 mile back. Then “HEARD ME” get on the freeway. And saw me pass the car they were pacing. That car was going about 80…according to them. So they derived to the conclusion that I was going about 90+
You passed a car being paced at 80mph, and based on their experience and training they estimated your speed at 92 mph. That is perfectly legal as part of the radar training is being able to estimate vehicle speed within 5 mph visually.
MY story:
I got on the freeway, just got the car back from the dealer, had them check out a rattle sound under WOT. It’s 1:50AM, (I don’t drink), I’m on an open freeway, and I stepped on it to check the car out. I never looked at my speedometer. I passed the HIGHWAY patrol’s suspect car that was already slowing down…. So I looked in my rear view and from 1/8 to 1/16 mile back I see this lights coming. So I let off, and look at my speedometer (70MPH). He pulls me over.
WOT for 12 seconds puts you at well over 100 mph!! And when you let off you were doing 70. Sounds like 90+ easily.
First the female talks to me.
Cop: Hi there, going a little fast there.
Me: yeah, sorry.
Cop: Have you been drinking?
Me: No officer, I don’t drink.
Cop: is this car yours?
Me: yes
Cop: your license and registration please.
Me: (gave her my license and told her the car was new, so I don’t have plates nor reg. card. But I pulled off the reg sticker from the window, and gave it to her. I told her that the dealer messed up with the VIN number of my car and had to re-process, which is why they’re delaying the registration….I was being TOO honest about everything…what do I get? TREATMENT like a suspect. They start checking out the car. Both officers goto work double checking the VIN number and the sticker and my Sales contract from the dealer, which I had in my glove compartment. Then she says hand tight.
Okay, so that is protocol. No problem there!!!
5 minutes later
The MALE cop comes back:
COP: I’m giving you a speeding citation.
Me: (looking at the ticket) I didn’t go over 90? Why does it say 90+
Cop: You were going over 90
Me: How did you derive to that number if you never paced me?
Cop: We were pacing the other car, when we saw that you actually passed the other suspect.
Me: So what speed do you think I was going?
Cop: Approximately 92 MPH
Me: So, you saw me do 92MPH?
Cop: We were pacing the other car, when we ‘HEARD’ you coming onto the freeway
Me: you heard me coming onto the freeway, huh? I saw you guys 1/8 mile back coming on fast…I believe you were going 90+ to catch up with the suspect and the suspect car slowed down when I passed him. I was not going 90+
Cop: just sign the red box, you’re not admitting guilt.
He used a known entity to derive your speed. He had paced another driver doing 80 mph and you passed him at a certain rate of travel and in his experience that equaled 12 mph more than the car he was pacing. Once again perfectly acceptable. And a judge uses common sense which says, if one car is traveling at 80 and another passes him matter of factly, they must be moving moderately faster.
So I signed it. I can’t believe I was so nice to the cops and this young buck guy decides to lying on the ticket to hit me with the highest number he can un-educatedly guess.
Anyone got any suggestions? I’m taking this one to court!
He didnt LIE!!! Where did he lie? You say you were at WOT! You say you passed a guy being paced at 80 mph. You finally say you only checked the speedo when you slowed and saw it said 70. So the officer has more facts and evidence then you do. He isnt lying. He is basing the charge on his experience and evidence.
Also for those saying to save this post thread as evidence, it is not evidence it is conjecture and hearsay and self serving, no judge in the world would consider it. Plus based on what you wrote you have proven the officers case for him.
Good luck, but I would approach the prosecuter and ask to plead guilty to a non point violation and pay the appropriate fines. If you look at the Donut Shop ticket FAQ it will help you.