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  1. #1
    Join Date
    Nov 2009
    Posts
    2

    Default Speed Alleged is Not Possible

    My question involves a speeding ticket from the State of: Texas.

    I was traveling at 20mph in a school zone. As soon as I passed another sign that read 35mph I increased my speed from 20mph to 35mph. As soon as I crossed the 35mph sign an officer on a motorcycle pulled behind me with flashing lights. This happened very quickly, about 50 feet or so after I passed the 35mph sign.

    He informed me that he had clocked me with his radar gun at 47mph in the 35mph zone. This immediately sent off red flags for the following reason.

    My question is this:
    I calculated my increase of speed from 20mph (the speed I was going in the school zone) to the alleged 47mph that the officer claimed I was going. This increase in the speed of my vehicle happened over the course of about 50 feet. 50 feet is the maximum possible distance I could have traveled before the officer pulled in behind me with lights flashing. Using the maximum acceleration of my vehicle, I found that it is physically impossible for me to have accelerated from 20mph to 47mph over that distance.
    Also, I was not using maximum acceleration, and it was a four lane road (two lanes each direction) and there was significant traffic.

    If I plead not guilty before a judge, if I present my calculations, will the court accept them? If I plead not guilty, should I wave my right to a jury trial?

    Thanks.

  2. #2
    Join Date
    Nov 2009
    Posts
    2

    Default Re: Speed Alleged is Not Possible

    Does anyone have any idea if this defense might work? Also, must I wait until the pleading in court before I request discovery materials from the police department, such as calibration records of their radar guns?

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

    Default Re: Speed Alleged is Not Possible

    First of all, it is EXTREMELY difficult to accurately judge distances while in a moving vehicle. On top of that, you are "calculating" what your speed "might" have been, given your "estimate" of that distance. At best, it could be considered a HYPOTHETICAL situation.

    Meanwhile the officer has a radar unit, with provable accuracy. If the prosecutor establishes the proper foundation and gets the radar readings admitted, they become EVIDENCE!

    Guess which carries more weight.

    Barry

  4. #4
    Join Date
    Aug 2006
    Posts
    563

    Default Re: Speed Alleged is Not Possible

    let us see your calculations?

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