How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask legalgems Your Own Question
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 7410
Experience:  Just Answer consultant at Self employed
63726236
Type Your Legal Question Here...
legalgems is online now
A new question is answered every 9 seconds

Legal question regarding pacing...COLORADO... officer states

Customer Question

Legal question regarding pacing...COLORADO... officer states in his affidavit he paced me, for 1 block.. the entire length of the road traveled was only 7/10th of a mile but he says he paced me twice and 2 different locations on the same street, at over 30 mph posted limit, then issues citation for 49/30 actual posted was 35 mph.. i requested immediate dismissal and was told NO and given a return date for trial... is there a set distance for pacing requirements?? and can the officer just pick a number from his hat? he has no idea what my actual speed was
Submitted: 5 months ago.
Category: Legal
Expert:  legalgems replied 5 months ago.

Colorado statutes do not specify a minimum distance for pacing, but most courts will require a minimum of 1/8 to 1/4 of a mile. Case law does not set an exact criteria, but it has been noted:

A person of reasonable intelligence may express an opinion of the speed of an automobile or other moving object coming under his observation without proof of further qualifications. Eagan v. Maiselson, 142 Colo. 233, 350 P.2d 567 (1960) - this involved a civilian's estimation of speed re: negligence in an auto accident.

Most police officers are trained in how to pace, usually consisting of going out with an instructor and a radar unit and visually estimating the speed of vehicles traveling on a roadway.

The officer needs to prove they were able to pace a "reasonable distance" but that has never been established.

To challenge the officer's testimony, one would want to know the officer's training, how long the officer paced the vehicle (both distance, and time), whether there were hills, curves, etc;

If the cross examination puts enough doubt in the judge's mind then they will dismiss the ticket.

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you.

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 5 months ago.

checking in on the above;

Have a great 4th.

Thanks for using Just Answer.