Thread: Payback Time
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Old 06-11-2008, 03:34 PM   #119
Skip
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Post Time to put my waders on....

....because its starting to get "deep" once again!

First, thank you Don for providing that first hand account of how the speed in the Littlefield crime was estimated....

Secondly, while I have no doubt that there are readers out there that have more experience in the field of law enforcement than I, I have no doubt that some of the folks posting ridiculously in this and several other threads have no more experience or expertise than my daughter's favorite cat.

Specifically, since attending my first courtroom trial nearly three decades ago, I have listened to, testified at or prosecuted countless motor vehicle cases. And while during that time I have observed numerous cases where an experienced law enforcement officer has effected a car stop based on his articulated evidence that he believed a vehicle was operating too fast (visually) for the conditions observed, I have never once met an officer dumb enough to write and succesfully prosecute a speeding ticket based solely on a visually estimated speed. Those stories are nothing but urban legends at their best (or worse, depending on your point of view).

Put it another way. Even with a certified and calibrated radar unit, with the officer bringing evidence of said certification of both the instrument and his respective training in hand to court, I have seen a number of defendants make a strong enough case of doubt to have their summons placed on file or nullified.

What I have yet to see is an officer come to court with a certification from his optomologist and high school physics teacher certifying the extreme accuracy of his vision.....

In conclusion, if you operate at anytime at a speed that an experienced officer can articulate to the court was justifiable to intiate said stop, no experienced officer is going to risk his credibility with the Court by trying to prosecute a speeding summons based on his "visual estimate". And why bother, there are simply too many other customers waiting in line to be paid a visit.....Quite frankly if you find yourself in Court after being initially stopped for what appeared to be "going to fast" it is because you were discovered doing something else illegal up to or during said stop.

And any other claims here to the contrary are pure bunk....

Safe boating,

Skip
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