Re: Radar Speeding Ticket, But My Speedometer and GPS Said I Wasn't Speeding
Yeah, I see where Barry is going. The officer's statement should have something about "this statement incorporates by reference notice of infraction #XXXX). Without that, there is nothing identifying that the statement and the NOI are regarding the same incident. You can try to argue that nothing in the statement identifies the "date and time listed on the attached notice of infraction..." as pertaining to your stop. Therefore, the statement could actually be for a completely different stop, with a different driver, and should, therefore, be excluded.
Also, the trooper makes no statement that he saw your vehicle passing other traffic or in any other way identified your vehicle as being the fastest vehicle within the radar beam. Since the officer admits that there were other vehicles within the beam (at least by omission by not checking the "only vehicle in beam" box), he needs to say how he identified your vehicle as the one returning the 69 mph reading. IMO, the statement about your vehicle appeared to be traveling over the limit, doesn't cut it. So, your argument that the radar was actually reading another vehicle may have some traction with the judge.
Behind the badge is a person. Behind the person is an ego. This is as it should be, person at the center and ego to the back.