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      02-24-2012, 12:56 PM   #1
Ernerd
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Speeding question

Hey guys, last night at around 3 in the morning, me and my friends were driving to iHop and we were having a little fun on a 4 lane wide open completely empty road. Suddenly when we parked out cars at iHop, a sheriff shows up and calls one of my friends and says not to be reckless and he knows we're just having a little fun. Apparently he saw us speeding but he didn't have a chance to clock us or pull us over before reaching iHop.

My question is:

1. Are cops allowed to give you a ticket if he didnt catch us with a radar, while he's stationary? (no way of him telling how fast we're going)

2. Are cops allowed to pull you over once you're in private property?

3. Are cops allowed to give you a ticket once you're parked and out of the car?

After finishing at iHop, we were guessing the cop would be waiting for us, so we drove back really slowly, and what do you know..the cop was following us the entire way back to make sure we weren't speeding.
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      02-24-2012, 01:11 PM   #2
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1. No they have to clock u or pace u. They can give u a ticket but it will never hold up.

2&3 yes. As long as they can identify u as the driver it doesn't matter where u parked.
Pulling into ur driveway or a parking lot will not stop them lol
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      02-24-2012, 01:16 PM   #3
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2&3 - Absolutely. This isn't a game of tag with a home base and immunity.
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      02-24-2012, 01:19 PM   #4
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Well, I partially disagree.

A cop can give you a ticket without clocking you if his judgment tells him you are speeding. He can even estimate how fast you were going. Police are considered expert witnesses in matters of speeding (in court). He can also just charge you with reckless or careless driving without reference to your actual speed.

As far as where he can chase you, under the doctrine of "hot pursuit" he can even follow you into another jurisdiction (e.g., another state) if he has observed you speeding within his jurisdiction and he has followed you out of it before he catches you. Not that I have any personal experience with these things.
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      02-24-2012, 01:21 PM   #5
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Thanks for the reply guys. I guess he was really nice and cutting us a break. Rare to see cops in virginia like that
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      02-24-2012, 01:28 PM   #6
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I'm old enough to remember when cops were like that most of the time. Much more "zero tolerance" now. (Yeah, I know, I'm just an old fart reminiscing about the "good ole' days").
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      02-24-2012, 05:32 PM   #7
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Quote:
Originally Posted by DavidJS
Well, I partially disagree.

A cop can give you a ticket without clocking you if his judgment tells him you are speeding. He can even estimate how fast you were going. Police are considered expert witnesses in matters of speeding (in court). He can also just charge you with reckless or careless driving without reference to your actual speed.

As far as where he can chase you, under the doctrine of "hot pursuit" he can even follow you into another jurisdiction (e.g., another state) if he has observed you speeding within his jurisdiction and he has followed you out of it before he catches you. Not that I have any personal experience with these things.
You're seriously mistaken.
a cop tell a judge just what u said, that he's an expert in judging speed, the judge told him unless he has a radar detector for a brain there's no way he can write a ticket for speeding.
And that's how it goes down every time. Without fail.
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      02-24-2012, 06:15 PM   #8
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Quote:
Originally Posted by GmoneyLI View Post
You're seriously mistaken.
a cop tell a judge just what u said, that he's an expert in judging speed, the judge told him unless he has a radar detector for a brain there's no way he can write a ticket for speeding.
And that's how it goes down every time. Without fail.
I'd humbly suggest you look up the concept of an expert witness. I have personally seen police officers testify to their judgment of the speed of a vehicle.
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      02-24-2012, 06:23 PM   #9
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Quote:
Originally Posted by DavidJS
Quote:
Originally Posted by GmoneyLI View Post
You're seriously mistaken.
a cop tell a judge just what u said, that he's an expert in judging speed, the judge told him unless he has a radar detector for a brain there's no way he can write a ticket for speeding.
And that's how it goes down every time. Without fail.
I'd humbly suggest you look up the concept of an expert witness. I have personally seen police officers testify to their judgment of the speed of a vehicle.
I'm sure they have testified as expert witnesses but in traffic court it will get thrown out. I personally witnessed the judge say the above to a veteran police officer. there is no way a human being can scientifically measure speed with nothing but his judgement. At least not in the courts eyes.
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      02-24-2012, 07:33 PM   #10
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OK, I'm guessing we're just telling our different experiences. Or maybe they just do things differently in Queens? Let's just move on. I hope the OP has received a well-rounded reply.
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      02-24-2012, 08:01 PM   #11
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Maybe it just comes down to the judges discretion
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      02-25-2012, 02:50 PM   #12
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      02-25-2012, 03:15 PM   #13
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Quote:
Originally Posted by DavidJS View Post
Well, I partially disagree.

A cop can give you a ticket without clocking you if his judgment tells him you are speeding. He can even estimate how fast you were going. Police are considered expert witnesses in matters of speeding (in court). He can also just charge you with reckless or careless driving without reference to your actual speed.

As far as where he can chase you, under the doctrine of "hot pursuit" he can even follow you into another jurisdiction (e.g., another state) if he has observed you speeding within his jurisdiction and he has followed you out of it before he catches you. Not that I have any personal experience with these things.
They can & will give you tickets w/o radar. Had a NC Trooper give me a speeding ticket. Had to hire a lawyer to have it reduced. Was told they have "calibrated eyeballs". No shit -
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      02-25-2012, 03:29 PM   #14
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Quote:
Originally Posted by Moxie View Post
They can & will give you tickets w/o radar. Had a NC Trooper give me a speeding ticket. Had to hire a lawyer to have it reduced. Was told they have "calibrated eyeballs". No shit -
That's some "precision bullshit", right there.
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      02-25-2012, 05:17 PM   #15
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I too got a speeding ticket in Raleigh, NC for, as stated on my ticket, speeding @ 45 in a 35. It was not an exact number since the cop did not pace me or hit me with radar/laser. He was sitting at a stoplight when I merged into traffic and he saw me take off and accelerate fast. I probably did hit 45, but not more and it was dropped in court to 5 over the limit and a small fine. So in NC, yes, you can get a ticket based solely on the officer's eyeballs.
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      02-25-2012, 06:25 PM   #16
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Buy a valentine1 radar. You'll never have to worry about cops again. I love mine...
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      02-25-2012, 06:58 PM   #17
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Quote:
Originally Posted by RazRokz.!
Buy a valentine1 radar. You'll never have to worry about cops again. I love mine...
How would that help in this situation when the guy isn't using his radar/laser gun? Does it pick up the signal from the gun even when it's not being used?
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      02-25-2012, 07:02 PM   #18
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Quote:
Originally Posted by GmoneyLI View Post
How would that help in this situation when the guy isn't using his radar/laser gun? Does it pick up the signal from the gun even when it's not being used?
good point
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      02-26-2012, 02:02 AM   #19
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In Ohio,

Thankfully haven't experienced this yet.

http://www.techdirt.com/articles/201...54169688.shtml
http://www.democraticunderground.com...ss=389x8477640

Both of my uncles are retired from law enforcement now, so I don't have any first hand information on whether this is practiced. I haven't heard of any of these tickets just yet.
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      02-26-2012, 08:08 PM   #20
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This isn't a game of tag with a home base and immunity
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      02-26-2012, 08:29 PM   #21
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The answer is yes to all three. I can easily tell if you are driving faster than the posted speed limit after +5 mph. I would never write for that speed, but I can tell. I have done it and I have had it hold up in court. It has to do with being able to articulate what your observations are. And it ISN'T a game of tag, and there is NO home base
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      03-01-2012, 08:12 AM   #22
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Quote:
Originally Posted by GmoneyLI View Post
You're seriously mistaken.
a cop tell a judge just what u said, that he's an expert in judging speed, the judge told him unless he has a radar detector for a brain there's no way he can write a ticket for speeding.
And that's how it goes down every time. Without fail.
#1 certainly is a yes. Once in the court room , many things are subjective. Who is the officer that wrote the ticket?. Who is the Judge sitting? Whats the record of the person that was ticketed. You may not want to believe things work that way , but they can. To say it will get thrown out everytime , without fail. just isn't true
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