Some drivers love speeding which is the shortest way to end up either in jail or in the life hereafter. For this reason, the most common identified moving violation in traffic is a speeding ticket. You may just pay the penalty and accept the consequence or if you want to prove that you do not deserve a ticket, you have a long way to go.
It is a fact that for drivers, there is only one way of speeding but the patrol officers have various options to measure your speed. There are at least five common ways do this but not all are permitted in all places. For example, in California, using timing contraptions over c distances are banned and VASCAR is forbidden; it also disallows the use of radar on some roads. In the state of Pennsylvania, only state police, not the local law enforcement, has the option to use radar; VASCAR are allowed if the speed limit posted on the road is 10 MPH or more.
A police officer can issue a speeding ticket after pacing a suspected speeder and using his speedometer to measure the speed. To use this technique, the law requires the officer to maintain a certain distance between his cruiser and the car being followed in order to make an accurate estimate of speed. Most states rule that officer can verify speed by keeping a certain distance in following the car. In reality, even in places which do not specify the need for pacing, traffic officer follows the car for a reasonable distance before getting down to estimate speed.
As a driver, you should realize that pacing is not perfect and accurate in estimating speed. There are obstacles along the way as the terrain of the road or stop signs, road lights and lots more along the way that can help prove that the officer have not been following you long enough. For instance, an officer follows your car a few hundred meters behind but often he loses sight of the vehicle as you negotiated a curve. So you can use this claim to prove that the distance was inadequate for him to pace the vehicle properly. In like manner, if you were issued a ticket within 500 feet of your starting point from a stop sign or road light, the officer cannot prove that he had been pacing your car from a reasonable distance.
To determine an accurate pace, the distance of the police cruiser and your vehicle must be equal during the entire time he was observing you. The officer’s speedometer reading is useless if he is driving faster than you. Officers are given good training in bumper pacing a car for the purpose. The most accurate pace is possible only when the officer is right behind you. But patrol officers prefer to stay at a distance from the car.
When you testify in traffic court, your most effective tactic would be to show that the officer was far enough to get an accurate speed of your car. In your final argument, stressed that the officer was closing in on you to get your speed. If he stays too far, it is impossible to get an accurate speed measurement and if gets too close, the speed would still be inaccurate as the car’s speed will now change to keep a safe distance from the oncoming vehicle. Either way, if the cruiser is near or far; it cannot measure speed accurately.
Pacing is difficult when light is diminishing at dusk or in the dark. Unless the cruiser is right at your tail but will be subject to the rule. At night, the only clue used by the police is your tail light. It is difficult to determine speed if the officer is just following a pair of taillights at a distance.
Pacing is very easy and most accurate when traveling on a straight road, without any obstacles and where the officer can view your car all the time. It is then easy for the officer to keep his patrol cruiser at a proper distance to properly pace your speed. But when his view is obstructed due to hills, freeway interchange, dips, curves, traffic and busy intersections; accuracy is impossible. You can make use of these obstacles to prove that the speed taken by the officer is inaccurate.
If you have received a traffic ticket, please contact an experienced traffic ticket lawyer. Protect right to drive legally.
Source: Nolo Com