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Speeding ticket received in Tacoma by police who did not use radar, possible defenses

My girlfriend recieved a speeding ticket.....36mph in a 25mph zone. She disputed this after just pulling out from her street. The officer was traveling in the opposite direction, passed by here then U-turned and pulled her over. After running her license with a sqeaky clean driving record, he immeadiately wrote her a $154 ticket and told her to "slow down".

She is going to court to question the amount of the ticket. However, I'm telling her to go in an ask for "documented ptoof" that she was going that speed. It appears to me the officer "estimated" or "guessed" she was speeding and pulled her over. If he cannot provide any "documented proof" in court and it was only an "estimate" or "guess" will the infraction still stand up in court? Aren't we "innocent until proven guilty"?

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Attorney answers (3)

Avvo Pro

Reputation Level 20
The problem is what do you mean by documented proof? If a cop tails you for a 100 yards and uses that tail as an estimate for your speed most courts will accept that. Your friend may have a defense if he didn't tail her long enough to be able to estimate her speed.
2 people marked this answer as good
Thomas Harlan Swain
Thomas Harlan Swain, licensed in Texas

Reputation Level 14
It is difficult to ascertain how the officer measured your girlfriend's speed, but if the speed could have been obtained properly in any way by an moving in the opposite direction of a target vehicle, then the device used would probably be moving radar potentially backed by some sort of visual estimation (e.g., a guess).

Your girlfriend should fight a speeding infraction because speeding tickets affect a person's insurance premiums and driving record.

The officer does have to provide some written proof, but it's not proof beyond a reasonable doubt; rather, the burden of proof, while on the State or City, is a preponderance (a standard akin to 'more likely than not'). The officer does not even need to show up at the hearing absent a proper demand. Of course, your girlfriend can make a formal demand for some documentation several weeks before the hearing and provided she does everything properly, she will be allowed to obtain certain information.
2 people marked this answer as good

Avvo Pro

Reputation Level 7
The officer's testimony at trial would be sufficient to prove that your girlfriend was driving faster than the posted speed limit. A witness can generally testify as to the speed of an automobile. Officer's are often trained to determine speed by their own reckoning as well. That does not mean that a jury or a judge will believe the officer's testimony or that the officer would even remember that your girlfriend was speeding. That's what trials are for.
1 person marked this answer as good

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