So I was riding in a car with my mother and she got pulled over for speeding. Now I have told her to fight and have asked questions on this matter to friends and family but she does not know if she should. There is a video from the officer's patrol car that shows no sound at the beginning of the tape. I told her that this could prove to be shown the officer erased it so we could not prove she was going the speed limit with the fact he did not lock her in and no tone was given. However, once stopped you can hear rather well. The officer asks if we know we were speeding. My mother says no. The officer says we are going 85 in a 75. My mother said she "did not know the speed, sorry." That we were on a mission to go to the vet with a sick dog. Is this an admission of guilt? I told her no, that you said you did not know and that you were sorry "because you did not know????" SHe believes that the officer will say it she was sorry for speeding. I would like to know if context is important since she did not actually say she was sorry for speeding.
State/Country relating to question: Wyoming
Friends and family and some on-line searches but no real answer
Hello.It is not an admission of guilt but at the same time, she admitted she did not know how fast she was going,which makes it hard for her to say she wasn't speeding. If she has no record or a minimal one, it is usually a good idea to go to court anyway because the judge may cut her a break on the fine, especially because of the extenuating circumstances with the sick pet. She may also be able to get a deferral, which keeps the conviction off her driving record if she goes a period of time set by the court without getting further tickets.
Thank you very much. I will tell her this. However to verify this also... the Officer says he locked onto the vehicle.... but like I said there is no tone or no sound at all on the video when the Officer claims to have recorded a locked signal. Will that help in refuting the officer's claim that he can prove a good signal? He states he had a tone and then turned through the median but again no sound until he was pulling us over. It seems to me that he would have to prove that we were speeding in order for us to have to prove we were not speeding
The officer can testify that he got a reading. Most judges will accept that unless they have some reason to doubt the officer's testimony. The fact that it is not on tape may help but if the tape malfunctioned and the officer testifies credibly, that may be enough for a conviction. If she contests the ticket any offer to resolve it for a lesser plea may be off the table so she has to decide if she wants to risk it after finding out what if any offer there is to resolve it short of trial.
8 years legal experience, primarily in criminal justice
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