Pulled Over for Driving Behind a Cop

[jmet]

My question involves a traffic ticket from the state of: Here's my story (And I literally have a trail today so better late than sorry) I live in Ca. I was going the speed of a motorcycle cop in the fast lane. He was going above 65 so I was too. As soon as I started making my way towards the exit, while still maintaining, if not decreasing the current speet, he pulled me over for allegedly going 78 and I was going at most, 75. What are my best options? So far, my defense is his proof of my speed, and objecting to his foundation of use of visual estimation. Anything else I could use?

[sniper]

Objecting to his visual estimation? You were driving the same speed as a motocycle cop who was exceeding the speed limit. He noticed that you were driving behind him at the same speed, looked at his speedo, pulled you over, and wrote you a ticket. Sure you can use the argument that he was speeding, so you thought it would be a good idea to do the same. I rarely see a judge who will side with the defendent on a case like this (I can only think of one case of the thousands I have seen in court). The officer, for all you know, could have been responding to some type of call, without his lights on and been cancelled while on the way... You admit to 75, which is above the speed limit. +/- 3 MPH (cited for 78) still leaves you in the lower fine bracket for speeding.

[jmet]

I was also going to say that I was using his speed as an approximation to determine the adequate speed for driving. I was not however, going to say he was speeding because that of course incriminates myself and is irrelevant to my innocence. Because prior to today, I did not know about requesting for discovery, I was going to rely on lack of evidence from him to establish my innocence because he did not use any tangible devices to ascertain my speed, and I never went faster or passed him, so to say I did would possibly admit his speed, Would that work? And if not, what other arguments could I use? Also, I'm a 2nd LT in the Army; would I look more attractive to the judge if I dress in uniform?

[cdwjava]

Well, if he is moving he cannot estimate your speed .. a simple cross will expose this theory's weakness.

And pacing? It must be done from the rear to be able to maintain the distance interval. Cannot do that from the front.

Not true at all.

Yes, you can accurately estimate speed from in frnt of another vehicle ... especially if you are trained in visual estimation (and as a motor CHP officer, he will have been trained in radar and visual estimation). It might be worth the Hail Mary to try and assert that he could not make a good estimation from in front, but I cannot imagine that it would sway the court unless the officer for some reason admitted he could not do it.

[jmet]

Not true at all.

Yes, you can accurately estimate speed from in front of another vehicle ... especially if you are trained in visual estimation (and as a motor CHP officer, he will have been trained in radar and visual estimation).

Can I ask for his certification in visual estimation?? And what does that consist of?

[cdwjava]

Can I ask for his certification in visual estimation?? And what does that consist of?

You're a little late to ask for discovery if the trial is today, but you can certainly ask him on cross examination if he has been certified in radar and whether that training included the visual estimation of speed. But, of course, he was also pacing you, so he has the speed estimate doubled down.

[quirkyquark]

There may be holes in the officer's testimony, but the right way to defend that was to do a TBD and effectively get his testimony on a platter beforehand. And perhaps some discovery as well...