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Speeding Ticket for 5mph over when driving behind a police officer, what to do?

Been involved in a traffic accident? Discuss traffic laws here

Speeding Ticket for 5mph over when driving behind a police officer, what to do?

Postby yago » Thu Mar 01, 2012 1:46 am

I got onto I-80 east in Northern Nevada when immediately, two lanes merged into one due to construction. I was driving next to two cars, which wouldnt let me go in between them so I sped up a bit, changed lanes n kept driving in the single lane. When I got into that lane, there was a Nevada High Patrol Officer driving in front of me, we drove for about one mile, then I got off the exit, he did too.

He got behind me when I turned at the first light and pulled me over. He told me he clocked me going 5mph over. Asked for my documents, came back with a ticket, that was it.

This is my first traffic violation and it;s important I keep my record clear because I work valet, and need to have a clean driving record. What do I say??

Is it possible that he managed to "clock" me when I was in the opposite lane three cars behind him. Or could he have clocked me as I was driving behind him at a safe distance with the speed of traffic. It says he used a BEE III (3) radar, which is usually front mounted, do they have them in the back too?

What claim can I make in court, what do I do?
yago
 
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Speeding Ticket for 5mph over when driving behind a police officer, what to do?

Postby dodya » Thu Mar 01, 2012 1:51 am

Fight it in court.
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Speeding Ticket for 5mph over when driving behind a police officer, what to do?

Postby taryn31 » Thu Mar 01, 2012 1:57 am

You can be clocked by rear facing radar, it's pretty common. This is done by a radar mounted on the rear package shelf through the rear windshield.

As to a defense you have a couple of options as I see it. First of all let me say that this is not legal advice and I don't live in or know Nevada law specifically. Secondly, I'm assuming that you knew you were behind an officer the whole time.
Nevada may have an improper equipment charge you could plead guilty to. Many states have this. Basically you plead guilty to something like your speedometer was off and you thought you traveling at the speed limit. It's completely plausible because since you saw the officer, you wanted to be careful to drive the speed limit. This is usually a non moving violation and won't affect your license like a moving violation will. You would still have to pay a fine, it's likely comparable to the speeding fine. Most courts just care about the money so they really don't care what you plead to as long as you pay. You should be able to negotiate this with whoever is going to prosecute when you get to court.
The other option, which is more risky, is to plead innocent. One defense if you go this route is that your vehicle was misidentified by the officer since he was having to watch you in his rear view mirror and that it was another vehicle that was speeding. Once again you saw the officer and were careful to obey the law. If you lose with this defense, you'll likely end up with the full fine and points so you've been warned.

Good luck and hope this helps.
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