The real question is whether you want to get out of the ticket or get back at the cop for his behavior.

If you want to get out of the ticket, go to your preliminary court date and speak with the prosecutor. You can ask for a PJC (prayer for judgment continued, meaning it will not go on your record unless you commit a similar offence in three years, this might vary by state) or you can ask to have it reduced to a non-moving offence (some sort of equipment failure, meaning no points). Bring your clean driving record and you should be fine.

You can file also file a complaint against the cop. Maybe if he gets enough there will be repercussions for him?

I wouldn’t recommend going to trial. How can you argue your case without either admitting to speeding or perjuring yourself? A major point here is that you did something “wrong” regardless of the cop’s behavior, and you are the one on trial. Pacing (within guidelines) is an acceptable method of ascertaining speed. I’m not sure about the cop being in front, which is probably why you got an “unsafe speed” ticket instead of a specific number. If you question this on the stand, you’ll get a speech about how he is professionally trained to assess speed.

Now, cops can’t legally speed without cause and without their lights on, so it would be fascinating to see what he would say if you confronted him on the stand. Assuming he admits to being in front, he couldn’t lie about his speed and still get you convicted, which essentially means he would be admitting to a crime. If you ask the prosecutor to pursue this in court, I don’t see how he couldn’t. Of course you would be admitting to a crime too, so it’s a bit of a catch-22.

In short, if you care about the ticket you can essentially get out of it. If you’re interested in the process or attempting to call the cop out on the stand then go to court. I for one would be fascinated to hear what happens.

Craig (not a lawyer, so take with a grain of salt!)


posted by 65.211.65...

• Unsafe Speed Ticket, Andrew In DE, Wed, 18 Oct 2006 18:17:47
  • Pay it, WASSAAB, Sun, 29 Oct 2006 18:26:57
  • Do not subpoena the cop...he's your worst witness.., Ask me how I know, Thu, 19 Oct 2006 22:47:48
  • Re: Unsafe Speed Ticket, Andrew In DE, Thu, 19 Oct 2006 22:02:37
    • Let me tell you a story., Noel, Fri, 20 Oct 2006 11:13:15
    • Re: Unsafe Speed Ticket, Craig, Fri, 20 Oct 2006 06:35:22
    • READ MY POST BELOW!..., TonyM, Fri, 20 Oct 2006 04:59:24
      • Re: READ MY POST BELOW!..., oldsaab, Sat, 21 Oct 2006 11:36:00
    • Let it go, No Snaab, Fri, 20 Oct 2006 04:53:46
  • Bottom line - you were 20 over the limit, Ari , Thu, 19 Oct 2006 12:32:20
    • Double knucklehead, ChuckD , Thu, 19 Oct 2006 16:29:29
      • The worst defense is a worse offense, Ari , Mon, 23 Oct 2006 07:37:27
  • Re: Unsafe Speed Ticket, jp, Thu, 19 Oct 2006 11:22:03
    • Re: Unsafe Speed Ticket, SilverAeroGuy, Thu, 19 Oct 2006 12:06:18
      • Doesn't take that much for a similar effect, Bill Homer , Thu, 19 Oct 2006 13:15:18
  • You play, you pay, dudewithasaab, Thu, 19 Oct 2006 11:00:58
  • Pay the man the $45, Noel, Thu, 19 Oct 2006 08:04:14
    • Agreed..., TonyM, Thu, 19 Oct 2006 08:10:21
      • Re: Agreed..., Jason, Thu, 19 Oct 2006 12:23:34
  • tell that story in court, and they'll laugh at you, TimBrown, Thu, 19 Oct 2006 07:45:29
  • Re: Unsafe Speed Ticket, Craig, Thu, 19 Oct 2006 06:46:41 <-- Viewing This Message
  • concentrate on the fact that ..., Chaz, Thu, 19 Oct 2006 04:17:19
    • very good post; are you an attorney?, Bob M, Thu, 19 Oct 2006 12:23:37
  • Re: Unsafe Speed Ticket, sawa, Wed, 18 Oct 2006 22:37:28
  • Re: Unsafe Speed Ticket, charlie, Wed, 18 Oct 2006 18:58:12
  • Re: Unsafe Speed Ticket, tturboboy, Wed, 18 Oct 2006 18:53:11
    • dash camera anyone?, Sam, Wed, 18 Oct 2006 19:21:30
      • Re: dash camera anyone?, jp, Thu, 19 Oct 2006 08:17:12

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