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  1. #1
    Join Date
    Oct 2005
    Location
    Massachusetts
    Posts
    1

    Default Speeding ticket based upon estimated speed

    Few weeks ago a friend fell off his motorcycle. Cops/ambulance show up he gets taken to hospital. I leave accident scene and head to hospital, going normal speed, as i just saw my friend crash his bike, i don't want to crash mine.

    So I go home, and I receive a phone call from the officer that was at the accident. Asks me if i had gone by the police station earlier, i told him i dont think so.

    He tells me he saw me speeding by the police station while he was putting a car seat in a womans car. He informs me that he is sending me a ticket by mail for speeding, 60 in a 45. He ESTIMATED my speed. Did not clock or radar me. I do not think I was speeding at all. I think he is mistaken. I am fighting this ticket, is there any way I can loose this? Officer must have some incredible radar eyes or something.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default

    In other states (and probably yours as well), officers that are trained in radar use are also trained in visual estimation o fspeed as part of their readar training.

    You might win, and you might lose. It's impossible to say.

    - Carl

  3. #3
    Join Date
    Oct 2005
    Location
    California
    Posts
    1,206

    Default Observation

    I'm not a lawyer but I have a comment. Considering the cop was busy, you were flying by...and he still managed to get your license plate number...wouldn't it be fair to assume he has absolutely awesome power of observation?

    Wouldn't it be fair that he also be expected to describe your bike, your helmet and your clothing in fairly good detail? (Maybe he could...but I would doubt it).

    Also, how does he know it was you riding it? I think that's why he asked you if you had ridden by the station....so he could testify that you admitted it was you (and you didn't fall for it.)

    By the way, he sounds like one dedicated cop...I hope I never run into him! :cry:

  4. #4
    Join Date
    Aug 2005
    Posts
    117

    Default

    I think Chucky has it right.....contest the cite, it is a bad one for sure......have your friend show up in your place although sit in the gallery......when the crook testilies against your friend and swears under oath it was him that was driving, introduce yourself......

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default

    Quote Quoting DaveBis
    when the crook testilies against your friend and swears under oath it was him that was driving, introduce yourself......
    The "crook"???

    Anyway, that kind of advice is very likely to result in a contempt of court citation ... I've seen it tried before with no good result for the defendant other than ticking off the judge.

    The other half of identification is something similar to, "I identified the driver by his valid [insert state] driver's license, the photo and the subsequent signature on the citation were a reasonable match to those on the license."

    The fact that the officer may not be able to positively ID the defendant after a month or three has passed is not going to result in a tossing of the matter ... but pulling an identity switch just might result in a criminal accusation!

    - carl

  6. #6
    Join Date
    Oct 2005
    Location
    California
    Posts
    1,206

    Default What?

    From my understanding, the cop has never seen his driver's license nor his signature...isn't that correct? When he saw him ride by, he would have had no way of knowing who he was. He just made the assumption that he was probably the owner of the bike.

  7. #7
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default

    And unless the driver admitted to the speed, identification might be a problem in court for just that reason.

    - Carl

  8. #8
    Join Date
    Oct 2005
    Location
    Michigan
    Posts
    7

    Default

    Bike always seam to be going fast.

    The engines rev higher, and they are smaller.

    I doubt the officer has had training with estimating speed of vehicles other than cars, if even that.

  9. #9
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default

    Quote Quoting Groo
    I doubt the officer has had training with estimating speed of vehicles other than cars, if even that.
    That depends entirely upon training. They DO train with that in many classes and it doesn't make a whole lot of difference.

    Though ID is going to be tough in this case.

    - Carl

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