Quote:
Originally Posted by mkx
So apparently I passed a cop on my motorcycle at night who said he was doing 60 on a 40 zone when I zoomed by so gave me a ticket at 60mph. Do I have any argument here? Can I argue that he must not have been going 60 if the speed limit is 40 and he didn't have his flashers on?
|
As others have already said, unless he paced you at that speed - typically 1/4 mile distance is required in many states (15 seconds of pacing at 60 mph) - he shouldn't have written the ticket.
Regardless, however, in many states, an officer can still write a ticket for driving too fast for conditions, but often such a ticket, if challenged, often won't stick in court unless there are other circumstances involved, such as the driver causing a car crash, or hitting a pedistrian, etc...
Officers prefer writing speeding tickets, since often they're much easier to prove, and often more profitable as well; look better on an officer's performance review.
While it's true most officers will drive somewhat over the speed limit on highways so as not to impede the flow of traffic... why was the officer driving 60 in a 40 zone? That's 50% over the speed limit - that's a lot, even for an officer...
A complaint against the officer may be warranted for disregarding traffic laws - many departments will file such complaints, but do nothing ... however, some departments take such complaints seriously and will write the officer...
With that said, filing a complaint can be risky depending on the reputation of the department, and alone likely will NOT get you out of the ticket, regardless.
Did you admit to breaking the speed limit to the officer? ... if yes, that complicates matters. Even admitting to 1 mile over, even if the state provides more leeway, can still result in an enforceable ticket - never admit guilt...
To digress a bit, most officers will ask "do you know how fast you were going?" or something along those lines knowing that most drivers will admit to the speeding violation - and thus makes the ticket a practical slamdunk - officers prefer easy tickets.
Someone who knows the law, while respecting the officer (arguing with them won't work; better to say nothing / ignorance), can often result in a warning instead of a ticket in situations where the speed enforcement detail was dodgy and/or the speed was not too far over the posted limit and/or was with flow of traffic.
Ron