Can the prosecution win a speeding ticket w/ the following info?
Did not clock the vehicle in question.
Did not tail the vehicle in question.
Can not ascertain the speed to which the vehicle is going over the speed limit, only, I'm quoting here, "Faster than I god darn reckon you should be goin!" (How does he even know?)
The ticket is for 5 over on the interstate. (Why because that's the minimum?)
2 attorney answers
Based on the information you have given, it sounds like the state/city has a weak case. You can file a motion to suppress and dismiss for lack of particularized suspicion. Under Montana Code Annotated section 46-5-401, an officer can stop a vehicle if the officer believes "the person or occupant of the vehicle has committed, is committing, or is about to commit an offense."
If the officer has no way of knowing what your speed was in the form of clocking you or otherwise gauging your speed through some recognized means, it will be difficult for the government to establish the basis of the officer's stop. Without a basis for the stop (i.e. an illegal seizure under the U.S. and Montana Constitutions has occurred), anything that comes after an illegal stop should be suppressed. All they have right now is the word of the officer, who has no explanation as to how he arrived at the conclusion you were speeding besides speculation and conjecture. Based on the limited facts you have given, this case has a better chance at being tossed than most.