Disputing a Speeding Ticket Based Upon a Tracking App

[Brianrx77]

My question involves a traffic ticket from the state of: Florida.

On November 14th, 2017 while on my way home from work, I was pulled over on a toll road for allegedly speeding (81 in a 65). The officer alleged that he clocked me while he was moving in the westbound lanes and while I was eastbound. Upon being pulled over I told him that he was mistaken and that there is no way I was going that fast, that it must have been another vehicle around me. There were plenty of other cars both westbound and east bound. I told him that my cruise was set to 69 and in fact I was slowing down for the toll booth which was about a 1/4 mile ahead. He didn't want to hear any argument.

The distance he supposedly clocked me at was well beyond 200 feet. From what I can read the stalker dual radar becomes way less accurate at distances over 120 feet, because the radar beam spreads out considerably beyond that distance. Also, I have a app that tracks everything I do, and shows the time I left work, got onto the toll road, stopped for the 9 min while getting the ticket, and the continued drive home. All the times match up with the time of the ticket and it shows my top speed of 71mph. Not once did I come close to 81. Also, the transponder from the toll booth matches my app as well as my ticket. Also, I'm a CDL holder, and on the ticket it states that I do not hold a CDL.

So, to sum it up.....times match, speeds show top speed of 71, distance for the radar gun is beyond it's optimal targeting distance, and we have the inaccuracies on the ticket. So, do you think this ticket is beatable? Court is this Thursday.

[sniper]

So you are going to offer numerous items into evidence that prove you were speeding? Step back, breathe, and think about that for a second.

[Brianrx77]

All I need to prove is that I wasn't driving at 81 mph. There are parts of that road that are indeed 70mph. So, at worse I was driving 1-4mph over the posted speed limit.

[Mr. Knowitall]

Unless the app records your vehicle's speedometer, you can prove that the app was working at the time, that no tampering occurred, and your odometer is accurate, the app data isn't likely to be helpful.

Have you checked to see if the officer was recording video at any time relevant to the radar reading or traffic stop? If there's a recording, perhaps you'll find something useful in the recording.

[Brianrx77]

As long as I can show doubt to the court, then I think I'll be okay. There is more information that you ignored.

1. Information on the ticket is incorrect, regarding that the non CDL box is checked, when in fact I do have a CDL.

2. The distance that I was clocked at was way beyond optimal range of the radar device that we used. He could not accurately clock me from such a great distance.

[Highwayman]

1. Information on the ticket is incorrect, regarding that the non CDL box is checked, when in fact I do have a CDL.

Completely irrelevant.

2. The distance that I was clocked at was way beyond optimal range of the radar device that we used. He could not accurately clock me from such a great distance.

That's ridiculous. Radar is almost never used at distances as close as 120 feet. Besides, radar is only one factor - it merely confirms the trooper's independent speed estimation.

[Brianrx77]

How could he possibly have a "independent speed estimate" when more than likely his speed was equal to mine in the opposite lane while heading the other way with a huge median between us?

[PTPD22]

I told him that my cruise was set to 69 and in fact I was slowing down for the toll booth which was about a 1/4 mile ahead. He didn't want to hear any argument.

So, you already confessed to speeding…You just want to argue how flagrantly you were violating the speed law? BTW, cruise controls have a margin of error of a few mph – if it is an older model it could be even more. They are not accurate enough to be admissible as evidence in court.

The distance he supposedly clocked me at was well beyond 200 feet. From what I can read the stalker dual radar becomes way less accurate at distances over 120 feet, because the radar beam spreads out considerably beyond that distance.

You need to do some more research. What you have read is wrong.

Also, I have a app that tracks everything I do, and shows the time I left work, got onto the toll road, stopped for the 9 min while getting the ticket, and the continued drive home. All the times match up with the time of the ticket and it shows my top speed of 71mph. Not once did I come close to 81. Also, the transponder from the toll booth matches my app as well as my ticket.

Police radars have to be certified accurate thru laboratory testing and further shown to be accurate at the time of use thru user testing – usually using tuning forks for radar – in order to be court admissible as evidence. Can you show your “ap” to be accurate thru scientific means??? Police radars take measurements measured in gigahertz – meaning many thousands of readings per second. You “ap” likely uses GPS readings – taken anywhere between 5 to 30 seconds between readings – to calculate an average speed you were traveling between those readings. Since most cars can accelerate 0-60 in less than 10 seconds, your “ap” would be off on your max speed by a good 20-30 mph.

Also, I'm a CDL holder, and on the ticket it states that I do not hold a CDL.

Completely irrelevant to your speed violation and will have no bearing in court.