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I was pulled over by a city police officer who was outside s…

Customer Question
I was pulled over by...
I was pulled over by a city police officer who was outside his vehicle giving another driver a ticket and motioned for me to pull over. There was light traffic on the road that I was traveling on and he cited me for going 65 in a 45. He was not using radar nor did he follow me to track my speed. Again, he was outside his car giving another driver a ticket.
Submitted: 2 years ago.Category: Traffic Law
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Answered in 9 minutes by:
3/8/2016
Traffic Lawyer: Marsha411JD, Lawyer replied 2 years ago
Marsha411JD
Marsha411JD, Lawyer
Category: Traffic Law
Satisfied Customers: 20,825
Experience: Licensed Attorney with 29 yrs. exp. with Traffic Law issues
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Hello,

Thank you for the information. Can you tell me what your legal question is? Also, what did the ticket indicate, if anything, was the means for determining speed?

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Customer reply replied 2 years ago
How can I defend my case? I know that there is a law that allows officers to write tickets if they feel you are speeding providing they can be within two miles of the actual speed. How can you come within two miles when you are outside your car giving someone else a ticket? He wrote me down for speeding.
Traffic Lawyer: Marsha411JD, Lawyer replied 2 years ago

Thank you for your reply, although I don't see where you answered my question about whether there was a notation on the ticket for method of measuring speed. That is key here, since that is what the State will use, in addition to the testimony of the officer in your case should this go to trial. If there is no measurement of your speed by radar, following or by plane (can be done by another officer with the stop by this one), then the State won't be able to prove their charge.

In other words, you don't have to prove your innocence, they have to prove your guilt. You only have to say not guilty and then they must present real evidence (other than eyeballing which, despite what you might have read, is not sufficient evidence) to prove the charge beyond a reasonable doubt. That means they need the officer and the actual evidence of the measurement of your speed, or you simply would request a dismissal.

Having said that, you really shouldn't go into court ever on a charge without an attorney, it just isn't the way to win a case. You might get lucky and the police officer not show up or the State not have any evidence, other than him saying you looked like you were going over the speed limit (again not enough for a conviction), but then again there might be some empirical evidence of your speed. In that case, you want a lawyer to question the accuracy of the evidence based on their experience with the law and courts. Something a layman just can't do.

But, if you insist on doing this on your own. Just watch and listen to the testimony presented. If the officer says something that is different from the situation that day, you can cross examine him on the facts. Then, if you want, you can give testimony of your side of the facts, but don't need to if they State hasn't produced the officer or the evidence I already discussed. You would skip testifying (no need since the State didn't carry their burden of proof) and just as for a dismissal.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

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Traffic Lawyer: Marsha411JD, Lawyer replied 2 years ago

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 8th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at :http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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