I recently received a speeding ticket for doing 60 MPH in a 40MPH. I asked the officer what method of speed capture she was using and she stated she assumed I was going that fast. Well come to find out that the posted speed limit for the street I was traveling on was 45MPH. Is the ticket invalid at this point because one: assuming speed is not an accurate or approved method, and two: she wrote the ticket with the wrong posted speed limit?

I doubt they'll take your side on this 'cause you were still speeding. Best bet: follow posted traffic laws.

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Originally Posted by Cophater08

I recently received a speeding ticket for doing 60 MPH in a 40MPH. I asked the officer what method of speed capture she was using and she stated she assumed I was going that fast. Well come to find out that the posted speed limit for the street I was traveling on was 45MPH. Is the ticket invalid at this point due to the fact that one: assuming speed is not an accurate or approved method, and two: she wrote the ticket with the wrong posted speed limit?

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Well, I don't think any Court is going to believe a trained Police Officer said she "assumed" you were speeding so you are doomed before you start.

If she will admit her method of clocking you, in court, that is by assumption you should prevail but she probably won't.
I think with the wrong speed limit they would just reduce the charge to 60 in a 45, still a pretty serious violation.

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Originally Posted by smearcase

If she will admit her method of clocking you, in court, that is by assumption you should prevail but she probably won't.
I think with the wrong speed limit they would just reduce the charge to 60 in a 45, still a pretty serious violation.

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Wonder if this is in a locality where the arrests are tape recorded? Would be interesting to hear what the Officer said.

I had a state trooper pull me over one night because he "thought" I was speeding. It didn't hold up in court. I had even written a letter to the court prior to my case explaining the situation and what the officer said. All the judge said to me was "sorry, nothing I can do."

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Originally Posted by Rockstar714

I had a state trooper pull me over one night because he "thought" i was speeding. It didn't hold up in court. I had even written a letter to the court prior to my case explaining the situation and what the officer said. All the judge said to me was "sorry, nothing I can do."

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I got stopped once and the Officer said he had clocked me on the Expressway going 10 miles over the limit. I had not been on the Expressway and, in fact, had picked my sister up from work on a City street and she was in the car with me.

The Judge said he saw no reason why the Officer would lie and I lost.

Go figure.

No, in all the courts where I was a officer merely putting 40 instead of 45 will not change the validity of the ticket, it will effect the amount of the ticket, since it is now only 15 over instead of 20 over which is a big differnece in the fine.

Also having a name wrong or a small detail on the type of car does not make it invalid either

Now if they are using the standard UC tickets, it should be a place for the officer to mark how the speed was determined, pacing, lazor, radar or guessing. ( estimating) All methods are valid and can be used, although estimating has more room for being wrong and challenged.

In court you have the right to ask for how it was determined, Also if it was radar you have the right to ask for a lot of the info about the equipment, including its daily testing.

Yup, they took what the officer said, even though at the time he pulled me over I was doing the speed limit. In fact, before he came off the on-ramp onto the freeway and saw me I was doing the speed limit, but I still got a ticket. And still had to pay.