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  1. #1
    Join Date
    Oct 2008
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    1

    Default Radar or Pacing?

    My question involves a speeding ticket from the State of: South Dakota

    I received a $150 ticket for 77 in a 55 zone. I was talking to my wife and not paying attention when the speed limit dropped to 55 in a highway construction zone; luckily, there were no workers around, and the zone wasn't marked as a "double fine" zone. I'm more concerned about the effect on my insurance, so I went to the courthouse on my assigned day. This was my first time in court and I was pretty happy because the trooper wasn't there--then I found out this was just the initial hearing for my plea entry. I pleaded not guilty, and I have a trial date in three weeks (the judge said the trooper will appear for the trial). I have the following questions:

    1. My ticket didn’t specify how my speed was determined--the officer didn’t say when he wrote the ticket and I didn’t think to ask. How can I find out whether it was radar, pacing, etc?
    (In SD, the officer has you sit in his car while he writes the ticket. I didn’t notice a radar gun in the patrol car, but I didn’t look for it. I did notice a dashboard bracket, probably for a traffic camera that wasn’t installed.)
    2 What’s the worst case outcome of a traffic trial? Having to pay the fine plus court costs?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Radar or Pacing?

    Looking at the South Dakota courts website, I don't see anything granting discovery for traffic cases. You may have to wait until you get to court, then ask. (Perhaps one of our traffic gurus will have more knowledge of South Dakota's court proceedings.)

    Pretty much, the consequence of taking a civil infraction speeding ticket to trial is that you get court costs added to your other fines. At the same time, sometimes you can plea bargain a ticket instead of trying it, and get a reduction in the fine and/or points.

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