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  1. #1
    Join Date
    May 2015
    Posts
    1

    Default Can You Claim Entrapment for a Speeding Ticket

    My question involves a traffic ticket from the state of: NC

    I was in Boone, NC for Memorial Day weekend. I pulled out of a restaurant onto a four lane hwy in perfect driving conditions. i had my sister following in another car so was not in any hurry and travelling uphill. I did not recall seeing a speed sign in between where I got on the hwy and where I was stopped. i spotted a police SUV about 300 feet in front of me, so I matched his speed along with the traffic. Within half a mile of getting on the road another SUV sped up behind me and pulled me over. He claimed I was clocked doing 54 in a 35. I told him I was following the speed of the cruiser in front and I assumed that he was traveling a safe and reasonable speed. After he took my license and said he would return, I stepped out of my car and approched his to request his supervisor come. He jumped out and was very hostile ordering me to get back in my car which I did. I spoke to the supervising sargeant after and told him the same thing but he would not budge. The first officer said the other SUV was driven by the supervisor, but the super would not admit it was he. My assertion is that if I was traveling safely and reasonably by following the cruiser and the surrounding traffic which seemed the same speed. I plan on filing a motion for discovery and requesting a dismissal on these grounds. Anyone think I have a chance? Are their grounds for claiming entrapment? Can I request GPS data on the cruisers as evidence of their speed and location? Should I request dashcam data (if any) and radar log? I, as with my sister and wife who were behind had no idea why I was being pulled over bc we seemed to be at an ideal safe speed for the roadway. My sister was not pulled over even though she was at the same speed a couple hundred feet behind. Since it was a holiday they had several traffic units in action.

    Thanks

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can You Claim Entrapment for a Speeding Ticket

    It's not a defense to speeding to claim to be matching the speed of another vehicle, even if it's a police vehicle. There's no jurisdiction that is going to regard your choice to speed as any form of "entrapment".

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