If a officer indicates on a speeding ticket that they without a radar clocked me for 0.19 of a mile but there was only 0.13 of a mile from where the officer was to the upcoming stop sign. Can I use that information in court to help me.
UPDATED: Sep 30, 2022
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If a officer indicates on a speeding ticket that they without a radar clocked me for 0.19 of a mile but there was only 0.13 of a mile from where the officer was to the upcoming stop sign. Can I use that information in court to help me.
If a officer indicates on a speeding
ticket that they without a radar
clocked me for 0.19 of a mile but there
was only 0.13 of a mile from where the
officer was to the upcoming stop sign.
Asked on April 23, 2016 under General Practice, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You can try, but it will be very difficult to get anywhere with this:
1) If the officer simply says he or she was further back than you say, who do you think the court will believe: the sworn, trained law enforcement officer who has no personal stake in the outcome; or the man/woman who has a strong incentive to lie to avoid a ticket?
2) Even if the court doesn't believe you are lying, to be credible, you'd need a surveryor to measure the distance for you--and that could cost more than the ticket would. A court will offer little weight to what a layperson says about the distance.
3) Even if the court does believe you about the distance, the court could say, "So what? The officer may have typed the wrong digit in the hundredths-of-a-mile place, but that doesn't mean he or she was wrong about you speeding."
In short, this argument will probably not let you defeat the ticket.
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