Re: Speeding Ticket with No Radar/LIDAR Detection
Yeah but the problem is, he doesn't have to tell you... While it is true that the citation does have a box where he can indicate the method he used to measure your speed, there is not legal requirement for him to complete that portion. Your deadline/court appearance is, as you say, tomorrow... So there is not time to request discovery and no real chance of you finding out specifically how he obtained your speed. You simply waited too long to do anything about it!
If this is a court trial, you can question him about that when he's done testifying, or if it is a TBD, then you can request a copy of his declaration AFTER the case is decided and assuming you are found guilty, at which time you can review his declaration if you decide to go to a Trial De Novo.
If he is trained and certified in the use of Radar/Laser, he's also been trained to make visual estimates, and that alone can be sufficient to prove his case.
He surely could have said you were doing 110, making an illegal u-turn and changing lanes without signaling... But he didn't, did he?
Probably not... More often than not, you'd be better off by not testifying... I'm not sure if you would have any questions to ask the officer, (like "how he determined your speed"? "how he came up with the 80mph figure"?... etc. Although simply asking any of those questions will not serve to raise any doubt on his testimony... You're dealing with a citation that is extremely difficult to beat... add in the fact that even if he testifies to obtaining your speed by visual estimate, the accepted error rate for that method is approximately +/-5mph... So 80mph -5mph = 75mph which is in excess of 65, and you're still facing a guilty verdict.
Actually, with all due respect the only thing that's absurd here is you trying to pass on this story... Fact of the matter is, and regardless of which freeway you were on, and while it is likely that some people have been driving at exactly 65, I am sure you can find a few that are at 70 or maybe a little higher. Even with what you may have alluded to as "traffic"...
So that would suggest that while you are only doing 70, and a few other cars around you were also doing 70... And yet all of a sudden, you look in the read view mirror and see an officer approaching, out of the blue and for no apparent reason whatsoever assumed it was you who was after?
Why did you try to flee?
Why did you try to merge into the exit lane before he caught up?
And why did you stop for 30seconds to a minute trying to figure out which way to go in hopes he would not find you?
You even stated "I sped up and aggressively got over and caught the next exit"...
All because you were only doing 70 in 65?
You maybe selling but I ain't buying!
I'm not sure what you mean... If you have a court date on the 29th, is that your trial or your arraignment (when you appear in court and enter a plea)?
And as far as the "written trial explanation", if you have a court trial then you're not doing a Trial By Declaration... And if you're doing the Trial By Declaration route, you're not required to appear in court, you can take care of business (request and or submit your declaration) with the clerk.
Seriously, no one here is going to write out a statement for you verbatim... You have very little chance of winning if any... You would be better off paying the fine and taking traffic school, or if you would rather post bail and go to trial in hopes that he would not show up, then that is your other option. Just keep in mind that you may or may not be allowed the traffic school option after the trial!
I am right 97% of the time... Who cares about the other 4%!