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Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
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Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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I recieved a traffic citation for speeding in Oregon. The officer

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I recieved a traffic citation for speeding in Oregon. The officer used a lazer detector. The speed limit is 55 and the citation if for 66. I also was cited for no front license plate.,The officer stated that he saw a higher speed than the 66 but since I did not have a front license he could valiate that it was me. . I am not sure if it really was me that he measured, as there were several vehicals in the passing lane to overtake a slow semi in the left lane. Can I avoid a ticket if I seek disclosure and show that the officer can not identify that it was actually me that was speeding? Billpe
Submitted: 5 years ago via ExpertLaw.
Category: Legal
Expert:  Dave Kennett replied 5 years ago.

DearCustomer- If the officer cannot positively state that it was your vehicle he was clocking with the laser then I believe you have a great chance of winning at trial. You have a right to the police report through the discovery process and if there is something in writing that says he couldn't be certain it was your vehicle then the state cannot prove their case beyond a reasonable doubt.

 

You should not take the witness stand at all since the prosecutor might be able to get you to say something which will be against your interests. You can elicit the testimony from the officer by using the police report on cross examination. Obviously if he wrote on the report he wasn't certain it was you that was speeding you win the case.

 

If this was just a statement he made to you he will probably deny this and it will be your word against his. I assume you can guess who the judge will believe!

 

Dave Kennett

Expert:  Dave Kennett replied 5 years ago.

If you plead no contest you will probably be found guilty unless the report specifically states he didn't know if it was you. I would plead not guilty and make sure what the report contains. You cannot request discovery until after you enter the plea.

 

Dave

Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27687
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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Dave Kennett
Dave Kennett
Lawyer
27687 Satisfied Customers
25 years experience in general law, including real estate, criminal, traffic, and domestic relations