received a speeding citation today

[The Saint]

Well I received my first speeding citation today since 1990. My second in my life. I was in my chevy cavalier heading south on US 431 into Lafayette, AL. When I observed an AL Trooper on the northbound side waiting. I checked my speed and saw I was between 55 and 60 as I was descending a hill. There were two vehicles ahead of me which had been pulling away from me as we were driving.

After passing where the trooper was located I observe him make a turn around and follow us south. A few seconds later he turns his lights on and I pull over. He said he clocked me at 73 MPH in a 55 zone. Like I stated earlier I was doing no more than sixty. I know that sixty is still speeding however 73 is over 15 the posted limit and over the 70 mph limit. Both could get me fired from the company I drive for.

What is funny is that I was trying to watch my speed for a few reasons. Safety, fuel mileage, and the fact that Auburn was playing today and that stretch is heavily patrolled at such times.

My question is what are the chances that he may have clocked one of the other vehicles ahead of me?

Monday I'll have to get an attorney as this would have an effect on my CDL if I'm convicted.

The trooper was polite and I didn't argue with him. I just signed the citation. Last week someone died in an accident on that stretch so I can understand the heavy enforcement. If anyone has any input on this I would appreciate it.

[USAF_2T2]

Were you the only vehicle in the area? If so, then I really don't know what to tell ya. If not, then you may have a case.

There are several things you might be able to do.
1) ask for a prayer for judgement (if you don't get another ticket for a period of time set by the state they may dismiss it)
2) explain to the judge the circumstances and he/she may dismiss it
3) pay a lawyer and he/she may dismiss it


There are many variables that can be figured, and like everyone else we aren't perfect. The Trooper may have thought you were the one speeding. Your speedometer may be malfunctioning.

Good Luck though. It doesn't hurt to have your speedometer calibrated every once in a while. Not to imply anything, but like anything mechanical they are subject to failure.

[The Saint]

Thanks USAF. I'm gonna check into a lawyer tomorrow. Like I said I might have been going about 60 and had I been cited for that I would just pay it. But 73 in a 55 knocks it up to a serious violation.

[Crystal Pistol]

Not being there, I can't say what happened.

May be the trooper screwed up ...

... and then again ...

... may be he didn't and your speedometer is what is screwed up.

However, I have little doubt but that if his radar read 73, someone was indeed, going 73. :cool:

I'ld like to believe that no LEO screws up in making charges, but I'm not so naive. I am sure it happens through distraction or carelessness, but it shouldn't. If one isn't paying absolute attention to the task at hand, they should leave it alone when enforcing the law...
... never ever guess!

I have let stuff slide many a time when I wasn't 100% sure on something like a traffic violation. Messing with people's driver's license and their ability to earn a living is simply no place to guess.

You were there, you are in the best position to judge the possabilities of "what happened". If it's not sitting well with you, and you can see your way clear too ... consider contesting it ... but do it with a skilled attourney if you do. ;)

Understand that the radar does not tell the operator which vehicle it's tracking. That is a conclusion the operator reaches after observing the vehicle and applying some sound judgement based on his / her training and experience. It requires one's undevided attention to do so if one wishes to eliminate any chance of errors. :cool:

[FastFossil]

Crystal Pistol,

Great post, it gives us some idea of how the officer is performing his radar checks.

Unlike a lot of drivers, I still have great respect for police officers and believe the vast majority is out to serve the public. Like any career there are always a few bad apples.....

I was with a friend the other day and he got stopped for speeding on the interstate and he told the officer "I was moving with the flow of traffic, and the officer replied that they were all speeding, my friend said 'why did you stop me?' the officer said 'have you ever been fishing?, my friend said 'yes' the officer said 'did you ever catch all the fish?" I thought it was hilarious and actually laughed out loud, my friend give me the evil eye and the officer looked in at me, and then told my friend to watch his speed and have a nice day.....I thought that was a cool experience....


:fishing:

[The Saint]

Thanx for the reply CP. I'm in the process of obtaining the services of an attorney to help with this. I wouldn't know my way around a courtroom. Almost had to go nce as a witness but that was over 5 years ago.

[Crystal Pistol]

Thanx for the reply CP.

You're welcome.

One more thing though, if you do go contest it, ... now ... before too much time has alapsed, go get your speedometer's accuracy checked and have the results properly certified and / or notorized in accordance wit the law as it exist in that jurisdiction.

Here, to be admissable in court, it needs to be certified and the results notorized ... or it's introduction as evidence (of your speedometer's accuracy) can be blocked by the Commonwealth's Attourney.

Later all ................. :)

[Uncle Fester]

GEt your hands on teh operators handbook for the radar unit itself, subpoena the repair records for it and the car he was drivnig that day.
Study the code section of Alabama law that you were cited under, you might have been entitled to look at the radar unit and he might not have offered.

Get a book by Nolo Press called "Fight your ticket and win". It has some very useful tactics that I have used in the past and mauled the Officer who tagged me for 41 in a 25 on the witness stand.

Fight like hell and don't give up, but remember you probably will be convicted in traffic court, it's what they do.
Don't lose heart, appeal your case to a higher court and fight like hell some more.

[Crystal Pistol]

Uncle Fester, that "mauling" sounds awful. :yikes:

UF does bring up a point about being allowed to see the reading that is locked in, and it will help if required in Al. ...
... but don't get your hopes up too much just yet.
Most LE agencies, do not require it, neither do most states. There is a reason and it deals with the operation of the radar in that once locked, there is no more target history with many radars and target history is important in a speed by radar case testimony.

Here, state law doesn't require it and we are prohibited (by the Dept.) from locking in the reading and inviting a violator back to look at it.
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I must say though, that I believe you're right on the money in your sig there UF.
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