Traffic citation for speeding that has two different dates and both dates are wrong is he competent enough to read radar?

Asked almost 2 years ago - Monticello, FL

My son Was stopped for speeding and clocked 79 in a 55 zone on Wednesday, May 8, 2013. He dated the top of the ticket Wednesday, May 5, 2013 and bottom of the ticket above Deputy name he dated it March 2, 2013. Is this Deputy competent enough to read a radar? Can this citation be thrown out/

Attorney answers (3)

  1. 1

    Lawyer agrees

    Answered . It depends on the Judge or the hearing officer if you elect to have a hearing on the matter. Your best bet it hire an attorney to advise your of any and possible defenses to it.

    This is not to be considered legal advice nor does an attorney-client relationship exist.
  2. 2

    Lawyers agree

    Answered . It sounds like the citation could be dismissed on the technicality of the dates (will probably depend on the judge) ... because the officer's recollection can be called in to question. But getting an attitude about his competency will not help you. Let's face it, even without radar, officers have enough training and experience to tell when someone is going 20+ over the speed limit. In fact, in Virginia, officers have to be able to judge speed by sight within 5mph before they are qualified to operate radar.

  3. Answered . That's really funny- because you're absolutely right. However, under the Florida Traffic Rules of Procedure, the officer has the flexibility to amend the citation at any time before trial begins (when he's sworn in). They usually catch this mistake right before the hearing and fix it. But even then, in my experience in most jurisdictions, it's usually not directly applicable to the rate of speed, which is all the magistrate actually cares about. As long as the cop testifies to the right date, the hearing magistrate allows it as evidence identifying you and the infraction. That's just my practical experience talking. But you could ask a local traffic attorney what the magistrate likes to do in those situations. In small towns, magistrates don't like rocking the boat with local law enforcement. On a side note, if the rules allowed it, and unfortunately they don't, and I had your case in front of a jury of your peers, I could absolutely make a compelling argument to find enough contradiction in the evidence to justify reaosnable doubt and find you not guilty.

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