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LawTalk
LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 27889
Experience:  30 years legal experience
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I just got a ticket on my motorcycle in the Florida Keys. The

Customer Question

I just got a ticket on my motorcycle in the Florida Keys. The Cop said "I am assuming you were going 120 miles per hour because that is how fast my car can go. then he writes me a ticket that says he took a pace count of 120/55. He also asked me if I saw him turn on his lights "way back there", which i didn't. By saying that it was a 120 pace count he is admitting to chasing me, which is illegal. There is no way he got a pace count! I stopped because I got lost, not because of him, and he showed up like a minute later. What are my options, and can you give me specific statutes that I can take into court with me?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  LawTalk replied 5 years ago.
Good afternoon,

 

I'm sorry, but pacing you is not chasing you, and it is a legal method of estimating the speed of a vehicle. If he got his cruiser up to a significant speed, he is allowed to estimate your speed based on how fast you are still pulling away from him. The ticket is an estimate and you can fight that estimate if you choose to do so.

 

Your options are to pay the enormous fine you will be given, or fight the ticket and go to trial.

 

I'm honestly surprised that you were not arrested on the spot. It must have been time for him to get off duty.

 

There are no specific codes that are going to help you. A good attorney might help by being able to aggressively cross-examine the cop, and I suggest that you invest in one. Your license is on the line here if the judge wants to take it.

 

I wish you the best.

 

 

Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you.

 

Best regards,

 

Doug

Customer: replied 5 years ago.
If a cop is going 120 miles per hour trying to get me, he is chasing me. He didn't even show until a minute after I stopped! He could not have gotten a pace count because he was no where near me. He even asked me at first, how fast where you going because I was going 100 and could not catch up to you.
Expert:  LawTalk replied 5 years ago.
Good afternoon,

While I strive to give you an accurate and applicable answer to your question, I don’t have the ability to provide you with favorable law if it doesn't exist. As you read my answer to your question, I ask you to please don't shoot the messenger.

I respectfully XXXXX XXXXX you.

While the physical operation of the police cruiser is quite similar in a pace and a chase, there is a difference and in Florida it is legal to pace you in an attempt to determine your speed.

It is clear that he was only able to estimate your speed and that is where you you have a fughting chance. I ride too--and my ride of choice this year is a Softail. I also know what it is to haul tail down the road. If I do it I take the chance of getting busted. That is a fact.

You got caught. You can either deal with the fine and other pleasantries that the court will no doubt have in store for you if you plead guilty, or you can fight the charges.

There is no third miracle option that lets you skate here, I'm afraid.

I wish you well.

Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you.

Best regards,

Doug

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