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  1. #1
    Join Date
    Jun 2014
    Location
    America
    Posts
    7

    Default Disputing a Paced Speeding Ticket in Texas

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

    I was pulled over and cited for traveling 55 in a 40 mph zone at approx. 11:30pm. The officer indicated that he utilized visual estimation (PACE) as the method in which he determined the excessive speed of my vehicle.

    I plan to challenge the accuracy of the speedo, tire conditions affecting speedo accuracy, and the officer's vision.

    Through discovery I requested the following items:
    1. video and/or audio of on board camera of the patrol vehicle.
    2. officer sworn statement/complaint
    3. officer copy of citation including but not limited to notes, drawings, diagrams, etc.
    4. list of witnesses state intends to call
    5. vehicle and tire inspection and maintenance records for the 90 days covering the date of citation.
    6. copies of calibration and cert logs for the SMD used
    7. copies of PO's personnel file to include any PACE method training certs, re-certs, tests, tests results, and filed observation reports.
    8. manufature's operations manual for the smd
    9. copies of police dept regulations and guidelines for use, operation, and policies for the use of smd and speed measuring methods.

    The state responded to requests # 1 & 9 via monitored examination set by appointment only. #'s 2,3,4,5 were copied and sent to me by mail. There was no response to #6 or 8. Item line #7 was only responded to by copies of the Individual School Report outlining courses completed by the PO, and no response to requests for Pace method training. Additionally, I filed an FOIA to get the state to respond to my requests for PACE methods certifications and training records only but still no response.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,000

    Default Re: Disputing a Paced Speeding Ticket in Texas

    You won't get the manual (won't help you anyhow).
    The only calibration/certification they need show is the current one.

    Note that discovery only is a request to produce documents that exist. They don't have to complie facts or otherwise generate information to you. It's up to you to figure out if the list of courses covered pacing training if such is important to your defense.

  3. #3
    Join Date
    Jun 2014
    Location
    America
    Posts
    7

    Default Re: Disputing a Paced Speeding Ticket in Texas

    Thank you for the feedback.

  4. #4
    Join Date
    Jun 2014
    Location
    America
    Posts
    7

    Default Re: Disputing a Paced Speeding Ticket in Texas

    Today was trial date. Cop no showed. Case dismissed in Plano, Tx.

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