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Speak Up! - View Question #660 |
 printer friendly version
Question: If a cop pulls me over for speeding, what are my rights? Can I ask for a print out of the radar gun? What else am I entitled to in this situation?
Answer: First, an officer has to have reasonable suspicion that you have done something wrong in order to pull you over. That suspicion was that you were speeding and he obviously got that from either a radar or from pacing you. Your question leads me to believe that you were caught by radar.
While you can ask for a print out of the radar gun, you won't get it. You can also ask to look at the radar, but the officer is not obligated to show you it. It's essentially the officer's word against your word. You would be entitled to fight the ticket in court and hold the officer to his/her burden in proving beyond a reasonable doubt that you were speeding. If you can offer evidence that you were not speeding or you can show that the officer's radar was flawed somehow, then you will win.
How do you show that the radar obtained an inaccurate reading? What was the weather like? Was it day or not? Was the radar gun calibrated before the officer's shift and after it? Was it working properly when it was calibrated? All of those things matter when determining whether the radar gave an accurate reading.
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| Comments |
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On 12/06/06
Matt from LA said:
I got a speeding ticket coming down a small overpassin my town, and at the bottom of the overpass was a cop stading the middle of the road with a radargun in his hand. He signaled me over to the side and gave me a ticket. I was wondering what the regualtions where on police officers and the using radarguns?
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On 05/26/06
Will from NJ said:
I was following a friend when a police officer pulled my friend over for speeding then I stopped ahead of my friend and pulled over in a near by parking lot with no police around at all. I got out of my car and a few minutes later a different police officer asked me for my info, and made me do sobriaty tests, and ultimately gave me a ticket for speeding. Since I was not even driving or even in my car is that ticket still valid??
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On 10/09/05
Jones from TX said:
I got pulled over for doing 70 on 55, the cop gave me a ticket with the right type of veichle, but someone elses name, DL #, DOB, and address is on it. Are they for sure to dismiss it?
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On 09/26/05
Seth from IN said:
I just got a ticket for going 80 in a 65. i was going on the on ramp for 69 and there was a ton of people so i sped up to 80 or i would've had to completly stopped. I have to go to court soon for it. The officer never said or its not written down how much it is . He said the judge will determinate it. How is that fair to me if i just sped up to get over? What will the judge say or do?
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On 04/16/05
bob from PA said:
If you out run a cop with him having lights on behind you, can he do anything if he has your plate #
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