Pace Ticket Issued By an Officer Who Was Ahead of Me

[Emmanuel M]

My question involves a traffic ticket from the state of: ok so i was driving on the freeway i was in the carpool lane in my rental ! i was driving and the patrol unite (officier) was driving 2 lanes to my right side in front of me by a good 75-100 feet ! he slowed down and went into my lane right behind me and pulled me over ! well i was watching my speedometer the whole time i was going 60mph just cause i seen him i got a little nervous ! i asked if he clocked me on the radar he said no he could tell i was speeding cause i caught up to him in traffic ! ??? well so did the rest of traffic !! so shouldnt everyone get a ticket? i also didnt get a police report ? and i didnt sign anything i just got a green ticket that says speeding ? is this legal for him to do ? someone help me please any advice !! i plan on fighting this ticket but i want to be prepared and ect ! thanks guys

n e one help !

[quirkyquark]

What state????? (unless you meant "OK" as in Oklahoma)

[Emmanuel M]

does anyone have any advice on how to get this dismissed ? and what information ill need thanks everybody ! help please

washington state

i want all the advice guys!

[PTPD22]

Presumably from your title, the officer marked on the notice of infraction that your speed was determined by "pace." If that is the case, the relative position of your vehicle to the patrol car is irrelevant. As long as the officer could see your vehicle (even in the mirror) well enough to determine that both cars were traveling at the same speed, all he/she had to do is look down at the patrol vehicle's speedometer to determine your speed. Whether he was behind you, beside you, or in front of you makes no difference.

How fast were you cited for? If a few miles per hour difference would lessen the fine, or if a few MPH difference would put you under the speed limit, then you might want to challenge the accuracy of the patrol vehicle's speedometer. If you were cited for 79 in a 50, it's probably gonna be tough to convince a judge that the cop's speedo was 25-30 MPH off.

I know that you say you were doing 60. But, then you imply that you (and all the other traffic) "caught up" to the cop. How fast were you driving before you caught up? If you were cited for an "estimated speed" based on you catching up to the cop (who presumably was doing the speed limit), then that is not a valid "pace." If that is the case (backed up by the officer's statement), then you have a valid argument in court.

You didn't get a "police report" because the cop doesn't write that while you wait. You have to request that in discovery. This is where you will get the officer's statement. You didn't sign the citation because Washington State notice of infractions don't even have a signature line. Just presenting you with the NOI (either in person or in the mail) is all that is required. Request discovery (there are stickies on this forum explaining how to do that) and post the results here (after redacting any identifying information). Then folks here can give valid advice on how you should proceed.

[Emmanuel M]

i was really going 70mph when i noticed the officier i drop to 60mph for awhile ! then i noticed the officier ! and i was really going 60mph for 5minutes then i got pulled over ! i was going the same speed as traffic ! but he only pulled me over ! ugh ! im still fighting this ticket when the officer noticed me i was going the actual speed limit !

[Emmanuel M]

ok so i recieved the discovery report through the mail ! and i got a copy of the ticket and a blank discovery report ? what does this mean ! the officier didnt write anything for the discovery report ? anyone wanna give me some help here ?=) thanks everyone !

[BrendanjKeegan]

ok so i recieved the discovery report through the mail ! and i got a copy of the ticket and a blank discovery report ? what does this mean ! the officier didnt write anything for the discovery report ? anyone wanna give me some help here ?=) thanks everyone !

Scan the discovery, upload to imageshack.us, and post here. If he really didn't write anything for the report then you just need to say:

"Your honor, I move to dismiss the infraction or have it found not committed as there is no evidence to sustain the infraction charge."

[Emmanuel M]

ok ill scan and post but yes he wrote absolutely nothing on the report not even a date >? NOTHING ITS JUST A BLANK REPORT ! thanks for the advice =)

my scanner sucks lol but yea in the mail i recieved a copy of my original ticket and a blank discovery report ! no date ! nothing no signature lol just blank! so what do u think ? i can get this dropped?

[BrendanjKeegan]

If there is indeed no "Officer's report" you need to go to court and say: "Your honor, There is no witness testimony, therefore, I move to dismiss due to lack of evidence."