Speeding While Behind a Cop
My question involves a speeding ticket from the State of: North Carolina
Yesterday I was behind a police officer at a stoplight, near the top of a big hill. I follow him out of the light when it turns green, and keep a reasonable distance. Going down the hill, I was matching his speed (while keeping a good distance) until we hit about 60 in a 45. I then slowed while he continued to pick up speed and open a considerable gap. I would estimate he was doing around 70 or 75 at the bottom of the hill, in a 45mph zone. He had no lights on or siren. At the next stoplight at the bottom of the hill, when I caught up to him he got out of his cruiser and pointed at me, while yelling and motioning for me to pull over onto the 10foot concrete median that separates 6 lanes of traffic. He then asks "do you know why i pulled you over" etc.. and said he saw me "come speeding up behind him". I replied I just had my eyes on the road and was not paying attention to my speed.
Funny, while I was pulled over in the median in the middle of all that traffic, his chief happens to drive by and chews him out for pulling me over in that location.
Anyway he claimed he clocked me at 64 mph but did me a "favor" by reducing my ticket to 54 in a 45. I have no prior tickets or warnings. I feel I have a reasonable defense. I would not expect a cruiser without lights or siren on to be speeding so fast.. and going down a big hill its not like I had to gun it to keep up with him. He did not accuse me of following too closely and I was keeping a good distance back.
While its difficult to prove I truly believe he was trying to entrap me into going even faster by continuing to pick up speed down the hill. However if the in-car video of his cruiser is examined it would probably show that he hit a speed of 70 or 75 at the time he clocked me going 64. While this is not necessarily entrapment it might be enough evidence to get my ticket dropped without using prayer for judgement.
What do you think
Also, would filing a complaint with the raleigh police department about his speeding have any negative impacts for me while I fight this ticket.
Re: Speeding While Behind a Cop
We have seen this situation several times before in these forums. The answer is usually the same: You cannot exceed the speed limit on the basis of the speed of another vehicle, whether police or not. Just as "keeping up with the flow of traffic" will not get you off, neither will, "but I was following a police car".
Having you eyes on the road and not paying attention to your speed is equally not a defense. It is your responsibility to "pay attention" to your speed, as well as what's going on in front and all around you.
Based on your description, I don't see any entrapment. "Entrapment" is when the actions of law enforcement "entice" you to do something you would not otherwise be inclined to do. It's not like the officer displayed a sign saying, "see if you can keep up with me", or in some other way indicated that you should speed. Furthermore, police vehicles frequently must exceed the speed limit -- without lights or siren, for various reasons -- in the performance of their duties. That simply doesn't give YOU the right to break the law.
Sorry, but I think you'll need a better defense. For example, did the officer use radar or pace you? If "pace", when was the vehicle's speedometer last checked for accuracy? If radar, when was it last calibrated?
Barry
Re: Speeding While Behind a Cop
As far as I know, police officers cannot break traffic laws unless they are responding to an emergency or some call of duty. He obviously was not doing either, because he pulled me over. Is it not reasonable to assume that a police officer not responding to a call is driving in a safe and legal manner?
Re: Speeding While Behind a Cop
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dell30rb
As far as I know, police officers cannot break traffic laws unless they are responding to an emergency or some call of duty.
And similarly, a non police officer cannot break the law by mimicking another driver even if that other driver is a police officer.
You don't know if he was on an emergency call or not. Could have been called to one and then it was cancelled. Regardless, using that argument will not get you anywhere.
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Quoting
dell30rb
Is it not reasonable to assume that a police officer not responding to a call is driving in a safe and legal manner?
You didn't post the statute you were cited for. But my guess is that you were cited for exceeding the posted speed limit and NOT for driving at a speed that is not safe...