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  1. #1
    Join Date
    May 2007
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    2

    Default Speeding Ticket in Massachusetts, With No Radar

    I received a speeding ticket on the highway in a 65 mph zone. The officer was getting in his car on the side of the highway when the flow of traffic including myself in the rear of the pack sped by cruising at around 75-80mph. Sure enough he eventually creeped up behind me (being one of the last cars in the current caravan) and pulled me over. This eventually led to a $150 speeding ticket with an estimation of 80mph marked off on the ticket (radar was not sighted). This is my first offense (my record is squeaky clean), just wondering if there are any loop holes to the system at this point. Any help will be greatly appreciated.

  2. #2
    Join Date
    Jul 2006
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    5,437

    Default Re: Speeding Ticket in Massachusetts, With No Radar

    Q: This is my first offense (my record is squeaky clean), just wondering if there are any loop holes to the system at this point.

    A: No. Wonder no more.

  3. #3
    Join Date
    Jun 2006
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    Arkansas
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    643

    Default Re: Speeding Ticket in Massachusetts, With No Radar

    It sounds as though the officer used the pace method. He gets behind a vehicle a certain distance and maintains the same speed as the vehicle he is pacing, looking at his speedometer along the way and follows the vehicle a certain distance. About your only shot is to cast doubt on the accuracy of his speedometer. I do not know when or if it had been calibrated to check its accuracy. While officers go through a certain litany to make sure their radar is accurate immediately prior to using it, it is my experience there is no equivalent litany for a speedometer. It cuts both ways for I've seen people charged with speeding testify that their speedometer showed they were not speeding and then they were generally cross-examined by the prosecutor as to when was the last time that they had their speedometer calibrated for accuracy. The officer's testimony may be backed-up by a visual estimate of speed as well so it is probably a longshot to beat the charge.

  4. #4
    Join Date
    May 2007
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    2

    Default Re: Speeding Ticket in Massachusetts, With No Radar

    Quote Quoting Litigator
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    It sounds as though the officer used the pace method. He gets behind a vehicle a certain distance and maintains the same speed as the vehicle he is pacing, looking at his speedometer along the way and follows the vehicle a certain distance. About your only shot is to cast doubt on the accuracy of his speedometer. I do not know when or if it had been calibrated to check its accuracy. While officers go through a certain litany to make sure their radar is accurate immediately prior to using it, it is my experience there is no equivalent litany for a speedometer. It cuts both ways for I've seen people charged with speeding testify that their speedometer showed they were not speeding and then they were generally cross-examined by the prosecutor as to when was the last time that they had their speedometer calibrated for accuracy. The officer's testimony may be backed-up by a visual estimate of speed as well so it is probably a longshot to beat the charge.
    thank you for the response. the officer was however not pacing any other cars at the time though, he was on the side of the road entering his vehicle with his drivers door opened as i passed by him. is a visual estimate from the side of the road truly that accurate??

  5. #5
    Join Date
    Dec 2004
    Location
    Seattle
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    3,577

    Default Re: Speeding Ticket in Massachusetts, With No Radar

    Quote Quoting MrRex
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    the officer was however not pacing any other cars at the time though, he was on the side of the road entering his vehicle with his drivers door opened as i passed by him. is a visual estimate from the side of the road truly that accurate??
    But you said in your first post "he eventually creeped up behind me (being one of the last cars in the current caravan) and pulled me over." Seems to me if he was "creeping up", he'd have plenty of time to pace you.

    The point is, you won't know until you plead "not guilty" and request whatever discovery information is allowed in Massachusetts. That will tell you if he "paced" you or made a visual estimate of your speed as you passed him. In CA, for example, CHP officers certified in radar are also certified for visual estimates. In the case where you're going 15 over, a visual estimate is probably good enough in most courts even without SMD data to back it up.

    Good luck,
    Barry

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