I was travelling along with three other cars and we came to a stop light. Just after we stop at the red light, a trooper comes along and puts his car in front of our lead car and gets out. He motions to all four of us to pull off the road. He then gives us all tickets for going 53 in a 40 MPH zone. All four tickets are the exact same speed.

Now, can they really do this? I thought the cops had to "shoot" each car individually, which in this case I don't think can be done since we were all in a line together and he couldn't be that fast, or could he.

Any thoughts on this?

Thanks.

 

this is BS. get a traffic lawyer and get out of this one.
no way all of you guys were going the same speed.

lil raja

 

Were you speeding?

 

Yes I was.

However, if I'm going 48 in a 40 and the cop writes me up for 53 and the "punishment" costs me more money because of the extra 5 MPH, I'm gonna complain and do something about it, if I can.

If the cop had "shot" my car, his radar should have told him I was going 48. So to lump us all together because it looked like we were all going the same speed isn't right. And to give us tickets for a speed higher than I was going at least, also isn't right.

So, I'm going to do something about it, and if that means I can use a technicality in the law, then I will.

My original question still stands? Can cops really do this and is it legal to do it?

 

They can only shoot one car at a time. If he did all 4 cars and they were all going exactly the same speed... there is something suspicious. Probably just wants the cash anyways. 48 in a 40 isn't THAT bad... I can do more You can complain about this. Now that I think about it... all 4 cars going exactly the same speed at 4 different moments. Ugh Oh well. Good luck! Wow I don't think I have learned anything from Law school! Sorry

 

Did anyone have a radar detector to confirm he really did clock you guys at all? If not, there really is no proof, and it'll be cop's word against 4 people. Normally, a cop's radar detects the fastest car out there, thus being 53, but not necessarily the closest. Chances are slim that everyone was going 53, so if he wrote everyone for 53 for you doing supposedly 48, that's haphazardly overlooked/guessed info, almost like if he wrote down for driving a miata, instead of an S2000. You definitely have the case in your favor, and if you have a lawyer, it'll easily be dismissed.

One more thing...visit the court and ask the people to get the evidence from the cop. I forget what it's called, but he should hand over the radar clocked speed, if any, and his list of recorded conversation. If there is only one radar speed sheet, that's only one car he really can prosecute.

 

I have had over 25 tickets and about 20k in fines!
I had the same thing happen to me on a motorcycle once. As per the letter of the law, if a cop (bastard) gives you a ticket for doing 53 in a 40 and you were doing "only" 48, you are still guilty. 22349 or whatever the code is, I don't remember, is a violation of the basic (?) speed law. The only thing that the cop has to do is prove that you were going over 40. I know that's not what you want to hear, but I'm giving it to you straight.
You have to fight this ticket, that's the only chance you've got. And you have to prove that you weren't going over 40, not that you weren't going 53. REMEMBER THAT!!!! Get a lawyer. I know of a couple 1. David Nisson 714.264.2619 and 2. Lee Rittenburg -- 909 something. The cost is about $750 a ticket and if you do it quick enough, you may not have to post bail which is about $350.
Good luck! I feel your pain.

 

If the trooper was using Lidar, which is laser that can be aimed to a specific car with a view finder, than yes, he could have shot each one of the cars very quickly. Also, a speedometer being off 5 mph wouldn't be something out of the ordinary. Just playing devils advocate here....

 

[QUOTE]Originally posted by slick rick
[B] The only thing that the cop has to do is prove that you were going over 40.

 

If the officer testifies that he saw four cars traveling at the same rate of speed and they were traveling as a cohesive group and he timed ANY ONE of the SAME GROUP as 53, then he can stop and ticket all four. He saw all four traveling together, AT THE SAME SPEED, and he used an approved method to document that speed (no matter whether it was radar or vascar or lidar or speed matching).

If a cop finds four crooks handing off sacks of money out of a bank vault, and he arrests all four, do you think he'd charge only the first guy with bank robbery and the other three with receiving stolen property?

Get an attorney. Don't trust my opinion.