None of the links produce anything.
I am not sure why they do not work. They work when I click on them from the PM that I sent...
I will try again.
The only problem I’m seeing is where he states, “The patrol vehicle’s speedometer was certified on 1/9/2020 by Trooper Fallon, using RADAR unit R2896. It was found to be accurate.”
As a preliminary motion, you could move to suppress or exclude the evidence of speed, because he does not attest to personal knowledge that he observed Trooper Fallon conducting the test (ER 602), nor did he identify the patrol vehicle so you can check to see if a written speedometer certification is filed at the court (ER 901). Therefore the patrol speed window/speedometer check cannot be authenticated.
The judge might not grant the above motion, but it’s worth a shot because the officer alluded to the speedometer certification as an element in his statement.
Announce that you have motions immediately when your case is called, before the officer’s statement is read into the record and before you are sworn in for testimony. If any motion to suppress or exclude is granted, then move for dismissal.
First of all, from your recollection of the event, I see nothing illegal here, but I'm not an expert.
The situation is very easy to picture with your description: 2 lane road, you passed the trooper at 45, and accelerated to 55 when you saw the 55 sign. Seems perfectly normal to me.
If you were going exactly 45mph, and slowly accelerated to 55, you would only be speeding by a few miles per hour, at which point a traffic stop is ridiculous. If the officer admitted to pulling you over for going 55mph just 200 feet prior to the official 55mph sign, it would be pathetic and make him look like a fool.
I also agree that his statement seems contradictory, or weird at best.
As you highlighted, how can "the defendant hover at the rear left quarter" but also be going 10mph faster than the trooper? It's an obvious contradiction, and I would lean heavily on it in court.
Unfortunately, unless you can make the officer slip-up their testimony in court, I don't see you turning the tides. This is where a dash cam or such would be helpful.
Second, how the heck did you get a written statement prior to going to court??
I've never heard of that and would be quite interested in knowing.
Retired Cal Cop Sergeant & Teacher
Walk humbly with your God
-- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM