Run ins with the 5 0
Originally Posted by sandm
yes, a cop can issue a ticket for estimating speed. there is a school or class that they attend. we have it happen here in idaho. as with every ticket, every state is different. cops here don't have to list the device used, nor do they have to "show" you the reading on the speed gun. they can also estimate speed, and can use a stopwatch between the airplane stripes on highways, along with "pacing" with a cop car behind or in front of you.
If I was in that group, I would challenge the ticket and make the officer prove you were speeding. if they did in fact pass an unmarked car, that officer will have to show up in court as the witness. if there was not one, then case should be dismissed since it seems; to my reading of the story; that the ticketing officer is relying on another officers testimony and didn't actually witness the "crime".
If I was in that group, I would challenge the ticket and make the officer prove you were speeding. if they did in fact pass an unmarked car, that officer will have to show up in court as the witness. if there was not one, then case should be dismissed since it seems; to my reading of the story; that the ticketing officer is relying on another officers testimony and didn't actually witness the "crime".
go to court.. i want to see what the cop has to say. if what you say is true and that he was only citing you soley based on hearsay then he has to prove that you guys were indeed driving recklessly. there are many ways around this: collaborate with your friends and make some questions during trial testing the "witnessing" officer how he knew you guys were going exactly 90 or ~90 without tangible proof such as radar. you might be able to subpoena his colleagues to testify and see if they can vouch for him or lie under oath. if he has a dash cam that'll help too, best way is to consult a lawyer and seek internal affairs to check their asses for harassing you guys.
Evolving Member
Joined: Sep 2005
Posts: 257
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From: Igloo
A police officer, sheriff, constable, deputy, (etc. etc. etc.) is an “officer of the Court.” Basically this means that the Court has given them special training in the laws of their jurisdiction and authorizes them to CITE people within that jurisdiction for any laws they feel MIGHT be in violation of. You’re confusing citation with conviction. In many areas, the CITATION issued is also a summons to appear before a judge.
An officer of the court can CITE anyone for anything they reasonably believe is in violation of the law. The judge will then decide if the citation is valid.
Most officers of the court will not issue citations to people if they think the case will be thrown out. Every state has rules about the necessity of a speed detection device (radar, lidar, vascar, pacing, etc.) to convict a person of speeding. The officer acts as a witness, and the device used is the evidence. Without evidence, most cases are dismissed.
Some cities or counties will provide further “rules” and “guidelines” for citing people, but do not confuse this with a law. For example, in a certain Texas town: The officers must have a camera in his car to make a traffic stop. Does this mean he will not issue a ticket if he does not have the camera? Most will obey the rule, but some still do make stops without cameras but the ticket is easily dismissed IF you show that the officer was in violation of the rule.
So why does an officer issue a citation when they know the evidence is not adequate?
Usually they do this to younger people, or people they feel can be influenced by the whole situation. If they feel you can learn something from getting a ticket, they will give you one, so you have to go to court and sweat it out.
Sometimes they will also do this to just to document what you have been alleged to do. Even though the ticket is dismissed, the state will keep a record of the citation. It does not "go against you" (conviction,insurance or points), but THEY DO KEEP A RECORD OF IT! So if a week later (or ten years later), someone else accuses you of speeding recklessly… guess what… you get another citation!
This is especially true for just speeding. Years ago, I would get about 3-4 tickets a year. In my area, I know a good lawyer who gets my tickets dismissed, so I never cared when they cited me for 10-20 mph over the limit.
Now… when I get pulled over for speeding (and yes, I’m innocent each time) they run my history and decide, “well if he’s been cited that many times, I’m giving another ticket.” One state cop even played the whole history over his PA so I would hear it as he sat in his car… it was funny actually, the dispatcher would read the violation, then say dismissed, another violation, then dismissed.
When he handed me my ticket, I read the violation and said “dismissed.”
An officer of the court can CITE anyone for anything they reasonably believe is in violation of the law. The judge will then decide if the citation is valid.
Most officers of the court will not issue citations to people if they think the case will be thrown out. Every state has rules about the necessity of a speed detection device (radar, lidar, vascar, pacing, etc.) to convict a person of speeding. The officer acts as a witness, and the device used is the evidence. Without evidence, most cases are dismissed.
Some cities or counties will provide further “rules” and “guidelines” for citing people, but do not confuse this with a law. For example, in a certain Texas town: The officers must have a camera in his car to make a traffic stop. Does this mean he will not issue a ticket if he does not have the camera? Most will obey the rule, but some still do make stops without cameras but the ticket is easily dismissed IF you show that the officer was in violation of the rule.
So why does an officer issue a citation when they know the evidence is not adequate?
Usually they do this to younger people, or people they feel can be influenced by the whole situation. If they feel you can learn something from getting a ticket, they will give you one, so you have to go to court and sweat it out.
Sometimes they will also do this to just to document what you have been alleged to do. Even though the ticket is dismissed, the state will keep a record of the citation. It does not "go against you" (conviction,insurance or points), but THEY DO KEEP A RECORD OF IT! So if a week later (or ten years later), someone else accuses you of speeding recklessly… guess what… you get another citation!
This is especially true for just speeding. Years ago, I would get about 3-4 tickets a year. In my area, I know a good lawyer who gets my tickets dismissed, so I never cared when they cited me for 10-20 mph over the limit.
Now… when I get pulled over for speeding (and yes, I’m innocent each time) they run my history and decide, “well if he’s been cited that many times, I’m giving another ticket.” One state cop even played the whole history over his PA so I would hear it as he sat in his car… it was funny actually, the dispatcher would read the violation, then say dismissed, another violation, then dismissed.
When he handed me my ticket, I read the violation and said “dismissed.”
Last edited by binarysleep; Apr 29, 2006 at 02:21 AM.
