Your suggestion implies that "visual estimates" which would have occurred at 10pm, or there about, are "questionable"... Can you post a case law citation, a code section/statute (not just any "publication") supporting that claim???
If you think you can, find it, post it, and advise the OP to use it in court and hopefully he/she will come back and report how well it worked out for him/her. Until then, my opinion as to the validity of such an argument will remain the same:
The legal requirement AND the burden that the officer must meet is that he/she is P.O.S.T certified. A certification that includes, but is not limited to, the ability to visually estimate a vehicle's speed to within a +/-5mph margin of error.
Whether that particular aspect of training/testing/certification is conducted at 10pm, at 3am or at high noon, is hardly a point of contention UNLESS such certification includes a restriction stating that it is ONLY valid and applicable during daylight hours. As far as I know, it DOESN'T!!!
I haven't had the opportunity, never had a "pacing" ticket but thought that an interesting twist would be to put the citing officer's "estimates" to test in the court room. Ask them how far it is from where where they are standing to the entrance behind them.
Since, as we all know, speed=distance/time you could use that to show what % their estimate is off and cast reasonable doubt on their ability to visually estimate speed (assuming they are don't nail the distance).
Hello again everyone,
Just got the courtesy notice in the mail, $340 before traffic school
My court date is late november.
Given my circumstances and how this is my first ticket, which I have little to no defense for and will likely lose if fought,
1. Should I submit a TBWD (think of some sort of defense) in hopes that the officer will not respond for a dismissal?
2. And if the officer does respond and I am found guilty, should I then request for a trial de novo (hoping officer doesnt show). If he does, plead guilty at the court and ask for a reduction (sympathy card for student in debt) and ask for traffic school (so I can learn more about my driving mistakes)?
3. Also, should I ask for an court date extension and then submit my TBWD (can you even do this?), or should I submit and then ask for an extension?
I know most of this relies on sheer luck, but the odds are more in my favor than straight up paying the ticket. These are my guiding factors for going to court/TBWD:
Pros:
several chances to get ticket dismissed (no show at court and no response- TBWD)
chance for reduction (sympathy plea at court)
chance for traffic school (sympathy plea at court)
cons:
judge gets mad that I waited for trial de novo to plead guilty
lose traffic school option (judge's discretion)
first and only point on record (when I could have attended traffic school in the beginning instead of going to court)
thank you in advance for your time.![]()
I'd give it a shot. You can always say "Your honor I just wasn't going that fast" and given that it will be a visual estimate, maybe a 'pace', your plea is believable. (Not saying the judge will believe you, but at least he won't get pissed off.) (Of course most defendants say, when asked by the judge "so how fast WERE you going",... "Maybe 45, but not 55"... "Guilty")
What do other folks say about THAT court and the ability to get school after traffic court??? THAT is your missing data point.