Results 1 to 9 of 9
  1. #1
    Join Date
    Jan 2012
    Posts
    3

    Default Pulled Over for Driving Behind a Cop

    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?

  2. #2
    Join Date
    Nov 2007
    Location
    Northern California
    Posts
    832

    Default Re: Pulled Over for Driving Behind a Cop

    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.

  3. #3
    Join Date
    Jan 2012
    Posts
    3

    Default Re: Pulled Over for Driving Behind a Cop

    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?

  4. #4
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Pulled Over for Driving Behind a Cop

    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.

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Pulled Over for Driving Behind a Cop

    Quote Quoting davidmcbeth3
    View Post
    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.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  6. #6
    Join Date
    Jan 2012
    Posts
    3

    Default Re: Pulled Over for Driving Behind a Cop

    Quote Quoting cdwjava
    View Post
    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?

  7. #7
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Pulled Over for Driving Behind a Cop

    Quote Quoting jmet
    View Post
    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.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  8. #8
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Pulled Over for Driving Behind a Cop

    Quote Quoting cdwjava
    View Post
    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.
    You do not ask such questions !!! If he does not testify to it then he didn't as far as the court is concerned.

    And if cdwjava can post a pace test method that allows for a frontal measurement, please post. One cannot pace from the front ... as you are driving/riding .. cannot keep eye on the prize. Even to suggest one can is dubious.

    And no visual speed estimation training is done via a moving vehicle. Again, post a method if there is one.

  9. #9
    Join Date
    Aug 2011
    Location
    South-Central Cali
    Posts
    1,274

    Default Re: Pulled Over for Driving Behind a Cop

    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...

    1. Sponsored Links
       

Similar Threads

  1. Replies: 5
    Last Post: 05-29-2010, 07:10 PM
  2. Replies: 1
    Last Post: 03-15-2009, 10:07 AM
  3. Reckless Driving: Pulled Over for Reckless Driving in Virginia
    By virginia_ticketed in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 03-03-2009, 09:54 PM
  4. Driving in Minnesota Past Curfew, Got Pulled Over
    By Rockets in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 11-23-2008, 11:32 AM
  5. Pulled Over For Nothing
    By akogre84 in forum Police Investigations
    Replies: 5
    Last Post: 05-16-2008, 10:22 AM
 
 
Sponsored Links

Legal Help, Information and Resources