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legalgems, Lawyer
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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: 1 year ago.
Category: Legal
Expert:  legalgems replied 1 year 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.

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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 1 year ago.

checking in on the above;

Have a great 4th.

Thanks for using Just Answer.

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