What's my best bet? (LEO only please)

warmaster

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Last week I was pulled over by a Texas DPS officer for doing an alleged 81mph in a 60mph zone. The problem I have is that I was traveling at 60mph in the middle of a pack of cars. The Officer stated that he got me on radar (which is also indicated on my ticket). I really would not like this ticket to go through because I don't think I can take the Insurance rate hike this ticket will cause.

Thank you in advance for any advice you guys can give that can help me fix this problem.

If you need anymore info on the incident let me know.
 

RDJ

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Shoot, my bad. Could a mod please move this for me?

not likely to get moved now .. or did it get moved to smackdown?

personally for 21 over ... tough shit. you were not doing 60 nor was the pack. Radar may make a "mistake" of a couple of miles per hour but 21mph? not likely. I don't think you qualify for the yearly "get out of the ticket free by taking the course" since you were 20 over. I am surprised he didn't write it for reckless. get a lawyer.
 

RDJ

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this brings up something interesting...things can get moved into smackdown but can they be moved out?

sure they can. don't know if they get cleaned up first though. Much better question than the OPs LOL
 

CobraMac

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Well there can be the argument about the radar misreading because of the close proximity of other cars. You will have to look it up, I read about it a long time ago. A radar doesn't send out a perfect straight line concentration, it's spread out some. Now if he used a laser, than he can definitely lock onto to you. The downfall of that now is that the officer could not use laser while moving and get an accurate reading. He has to be stationary. If he was moving and radared you there are many things you can argue that can be taken into account. Look it up online, it will help. But I'm not sure if it will do anything for 21mph over.
 

mkb116

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From an officers stand point, based on your statement alone I wouldn't believe you weren't speeding. First you say you weren't speeding, then you say you dont want it to go through because you can't afford the insurance rate hike.

I know that if I got a ticket for speeding when I truly wasn't speeding, I would be worried about winning in court because I wasn't actually committing the crime I am accused of, not because I can't afford the higher insurance rates.

Secondly, your stating that you were traveling at the speed limit with several cars in front of and behind you, yet the officer just decided to pull you over? I honestly don't see a radar certified officer writing you that ticket.

Additionally, the radar wouldn't even touch your vehicle if there are cars in front of and behind you. Did you ever see him before he pulled you over? If so did he disappear from your view and then come back into it? Was there another car similar to yours that was speeding, that he could of mistaken for your car? But if you were in a pack then I'm assuming everyone was going the same speed and no one could pass.

Like stated above radar can not single out a particular car and show the speed. It picks up the largest object. Was the officer stationary? Moving? In front of, behind you? Was he going the opposite direction? Approaching you or already passed you?

Were you speeding before? And then you slowed down and then tried to blend in to a pack of cars?

BUT, if exactly what you are saying is the exact truth, then I wouldn't worry about what to say in court, tell the truth. If the officer says it happened the same way you did, it won't make any sense. So you have no worries!

Another good thing about radar is that, at least here in good ole' CA, to become radar certified you basically become an expert at estimating vehicle speed. So an officer that is radar certified could actually write you a ticket for how fast he thought you were going just by watching you, because of his training and experience. The radar is just a confirmation of that estimation. A second step or, nail in the coffin you could say.
 
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rubber duck

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It's true that radar can bounce off of things other than the intended target, but personally when I would run radar I would first see the car speeding, and then use the radar to get an exact speed. It's not hard to tell if a car is speeding just by using your own eyesight, especially if you have traffic around you to use as reference, as you stated you did.

I don't know if anyone here is going to help you "get out" of the ticket, being that I have never issued a citation to someone who didn't do what was written on the ticket. I'm sure a few Texas guys will chime in.
 
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warmaster

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From an officers stand point, based on your statement alone I wouldn't believe you weren't speeding. First you say you weren't speeding, then you say you dont want it to go through because you can't afford the insurance rate hike.

I know that if I got a ticket for speeding when I truly wasn't speeding, I would be worried about winning in court because I wasn't actually committing the crime I am accused of, not because I can't afford the higher insurance rates.

Secondly, your stating that you were traveling at the speed limit with several cars in front of and behind you, yet the officer just decided to pull you over? I honestly don't see a radar certified officer writing you that ticket.

Additionally, the radar wouldn't even touch your vehicle if there are cars in front of and behind you. Did you ever see him before he pulled you over? If so did he disappear from your view and then come back into it? Was there another car similar to yours that was speeding, that he could of mistaken for your car? But if you were in a pack then I'm assuming everyone was going the same speed and no one could pass.

Like stated above radar can not single out a particular car and show the speed. It picks up the largest object. Was the officer stationary? Moving? In front of, behind you? Was he going the opposite direction? Approaching you or already passed you?

Were you speeding before? And then you slowed down and then tried to blend in to a pack of cars?

BUT, if exactly what you are saying is the exact truth, then I wouldn't worry about what to say in court, tell the truth. If the officer says it happened the same way you did, it won't make any sense. So you have no worries!

Another good thing about radar is that, at least here in good ole' CA, to become radar certified you basically become an expert at estimating vehicle speed. So an officer that is radar certified could actually write you a ticket for how fast he thought you were going just by watching you, because of his training and experience. The radar is just a confirmation of that estimation. A second step or, nail in the coffin you could say.


Yes, I was not speeding. I was in the right lane in my pack of cars with cars moving past on the left.

The Officer swung a moving U-turn from the opposite direction through a big grassy median. I was not the only one who was pulled over either, he flagged down a Corolla as well.
 

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