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  1. #1

    Default Officer Does Not Know the Speed Limit

    In KS

    Alrighty, I am pretty certain I know the crowd here by now and know what I will hear, but I guess maybe I will get a glimpse from the prosecution side......since I probably won't get anything helpful....

    I am not going to name the 'agency' that cited me, you will understand that part later. I was cited for speeding late in the evening. I was southbound and the officer was northbound on a 4 lane road. He flipped a U. Told me he "got me at 50 in a 40"..... I said, "a 40??? You mean 45, unless that just changed today". He said, "nope, been 40 for a long time".....LOL This went on for a while and I could tell this guy was a dick and it wouldn't matter what I say.

    However, what may have me more screwed here is my insurance 'may' have expired about 30hrs ago! It was set to renew, or so I thought, but it looks like only my other vehicle is renewing! If that is the case, I have a serious issue with my proof of ins. I did not have it with me, but in my state, not having proof with you is not a biggy, but not having insurance is a big deal... I know this!!!

    So anyway, officer writes me for 50 in a 40.... No this is not a 'clerical error', he wrote the fine and everything. However, this is 100% NOT debatable, and I confirmed it both directions as soon as I was done with him. It is plainly marked 45MPH and I can guarantee that officer did not make it .25mi without realizing his mistake. There were actually numerous mistakes, and ones that make me cringe because I honestly have a gut feeling this is the type of cop that gives others a bad name. He quoted things from statute that I know are not accurate and I already affirmed that. He also quote "diversion fees for me" which were so far off, it makes me wonder if was even a cop....

    Now, because of the Inet, I won't go into detail, but I know the top dog with this officer's agency personally. I don't like to call in favors but if I can't get this rinsed off due to a very obvious "reading problem", how does this case look either pleading before the DA, or just taking it to trial?

    My issue with bringing up speed discrepancy to the DA, is they will just request another citation written, to reflect my speeding of 5MPH over. I will of course be convicted even though they all know its a screw job. But, if I hold that card until trial and submit my articles of evidence and obtain a witness, I would like to ensure the cop's misunderstanding of the speed limit get on the record.

    I realize the legal system likes to make light of this, but people finances, freedoms, and rights are violated when cops screw up. I don't find it cool at all to be the ass of a "bad ticket". If the cops was white, he would call and at least amend the ticket, but I bet he just leaves er be and nabs him another one.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,200

    Default Re: Officer Does Not Know the Speed Limit

    The charge is not 50 in 40 or 50 in 45. It was that you were going faster than the posted, safe, or maximum speed (depending on just what he cited you for). Even if there is an error, he doesn't need to write a new ticket. You'll be found guilty by your own incriminating statement. Even if you were written up for the posted speed violation, there's no difference in Kansas for 5 or 10 over.

  3. #3
    Join Date
    Mar 2013
    Posts
    17,129

    Default Re: Officer Does Not Know the Speed Limit

    Fastline, your attitude towards law enforcement sucks and I'll bet it was you being a dick during the traffic stop.

    If you don't want to man up and pay the fine I suggest you plead not guilty, go to court with your pictures of speed limit signs, insist that you were doing 45 and that the officer's testimony is questionable because he didn't know what the speed limit was.

    Leave your attitude outside the courtroom and you might just get out from under this.

    As for your insurance, if you weren't cited for no insurance, the subject might not come up.

  4. #4
    Join Date
    Jul 2016
    Location
    Paso Robles, California
    Posts
    504

    Default Re: Officer Does Not Know the Speed Limit

    Quote Quoting adjusterjack
    View Post
    Fastline, your attitude towards law enforcement sucks and I'll bet it was you being a dick during the traffic stop.
    Well put, and since he expects to get nothing helpful, I don't want him to be disappointed so I won't comment on his situation.
    *****
    I may not always be right, but I am never wrong.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,728

    Default Re: Officer Does Not Know the Speed Limit

    Quote Quoting fastline
    View Post
    In KS

    Alrighty, I am pretty certain I know the crowd here by now and know what I will hear, but I guess maybe I will get a glimpse from the prosecution side......since I probably won't get anything helpful....

    I am not going to name the 'agency' that cited me, you will understand that part later. I was cited for speeding late in the evening. I was southbound and the officer was northbound on a 4 lane road. He flipped a U. Told me he "got me at 50 in a 40"..... I said, "a 40??? You mean 45, unless that just changed today". He said, "nope, been 40 for a long time".....LOL This went on for a while and I could tell this guy was a dick and it wouldn't matter what I say.

    However, what may have me more screwed here is my insurance 'may' have expired about 30hrs ago! It was set to renew, or so I thought, but it looks like only my other vehicle is renewing! If that is the case, I have a serious issue with my proof of ins. I did not have it with me, but in my state, not having proof with you is not a biggy, but not having insurance is a big deal... I know this!!!

    So anyway, officer writes me for 50 in a 40.... No this is not a 'clerical error', he wrote the fine and everything. However, this is 100% NOT debatable, and I confirmed it both directions as soon as I was done with him. It is plainly marked 45MPH and I can guarantee that officer did not make it .25mi without realizing his mistake. There were actually numerous mistakes, and ones that make me cringe because I honestly have a gut feeling this is the type of cop that gives others a bad name. He quoted things from statute that I know are not accurate and I already affirmed that. He also quote "diversion fees for me" which were so far off, it makes me wonder if was even a cop....

    Now, because of the Inet, I won't go into detail, but I know the top dog with this officer's agency personally. I don't like to call in favors but if I can't get this rinsed off due to a very obvious "reading problem", how does this case look either pleading before the DA, or just taking it to trial?

    My issue with bringing up speed discrepancy to the DA, is they will just request another citation written, to reflect my speeding of 5MPH over. I will of course be convicted even though they all know its a screw job. But, if I hold that card until trial and submit my articles of evidence and obtain a witness, I would like to ensure the cop's misunderstanding of the speed limit get on the record.

    I realize the legal system likes to make light of this, but people finances, freedoms, and rights are violated when cops screw up. I don't find it cool at all to be the ass of a "bad ticket". If the cops was white, he would call and at least amend the ticket, but I bet he just leaves er be and nabs him another one.
    You were speeding

    the only benefit the cops error will make is if you can win by challenging his powers of observation. If he used a smd, that removes challenging his ability to measure speed by his own observance. Unless you can challenge him based on he pulled over the wrong car, I don’t see a winning argument.


    The incorrect speed limit on the ticket not get you a win no matter when you choose to reveal it. If you cannot dispute your measured speed, you arguing the speed limit was 45 instead of 40 doesn’t get you out of the ticket. It is simply 50/45 instead of 50/40. No difference in the penalty.

  6. #6
    Join Date
    Mar 2013
    Posts
    17,129

    Default Re: Officer Does Not Know the Speed Limit

    I wonder if Kansas allows a "reasonable and prudent" defense. 5 miles over is often ignored.

  7. #7

    Default Re: Officer Does Not Know the Speed Limit

    There may be a slightly higher amount of uncertainty involved as well. Assuming an active radar unit synced with the officer's speedometer was used there will be increased amount of uncertainty than there would be with a stationary unit because there's uncertainty associated with both the speedometer measurement and the radar measurement. Not sure whether or not it would total 5mph or not but it is something to consider if this type of equipment was used. .

  8. #8
    Join Date
    Sep 2010
    Posts
    19,200

    Default Re: Officer Does Not Know the Speed Limit

    Actually, he does have one reason to argue it was only 5 over. Speeding tickets for under 6 MPH over the limit, while having the same fine, are not considered "moving violations." Kansas doesn't have a point system per se, three moving violations in a year will yield a suspension.

  9. #9

    Default Re: Officer Does Not Know the Speed Limit

    ^ yes sir, 8-1560c. speed limits under 55mph are granted a 6mph buffer for non-moving violation.

    Admittedly, I was pretty torqued last night. I know pretty much all officers around here use a 10mph buffer, regardless of speed limit.

    I did not admit to speeding. However, I did not argue because I know there is never any point in that and I could tell the cop was going to write me before we started. I was out later in the evening and they are looking to write DUIs.

    Unless I can confirm I have some form of insurance coverage, that I will have to confirm tomorrow, it appears my insurance was expired a whole 23hrs....... I do have a renewal for an auto that renewed on 9/13 and I made that assumption it was for the auto in question. Yes, he did write for the insurance.

    Also, I happened to look at the diversion form and was surprised that it asks for all criminal arrests, convicted or not, and traffic citations, guilty or not. I don't see how that is in any way legal, but......

    The officer was moving but there is no mention how the speed was obtained. I have read that should be included on a citation but I cannot find that in statute. I know for certain a vehicle cannot maintain speedometer accuracy due to heat in tires that causes diametrical variation, and the variable tread depth that also causes diametrical variables. This is the whole reason for the buffer.

    I realize much information online is given on proper calibration and documentation of the radar used, but I have heard from attorneys that this calibration is an easy lie for the cop on the stand. They say they did, and we all know cops don't lie so that is the end of it.

    I guess my only real argue point is "reasonable doubt". If the cop was not even aware of the speed limit, how can we be certain he clocked me correctly?

  10. #10
    Join Date
    Sep 2010
    Posts
    19,200

    Default Re: Officer Does Not Know the Speed Limit

    You'll get nowhere arguing you're entitled to a buffer.
    No obligation of speed method appears required in your state, though you can certainly ask in discovery.

    That's not how reasonable doubt works. And your atittude indicates you are emotionally ill-disposed to conduct a defense.

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