How Can Police Prove You’re Speeding?

Serious Consequences Of Conviction Of Speeding

Speeding is considered an insignificant offense by the majority of the public. Yet, in many instances it becomes vital to defend against a speeding charge. A third speeding conviction within 18 months will result in a revocation of your driving privileges. The accumulation of 11 points within an 18 month period will result in a suspension of your driving privileges. If death, injury or property damage have occurred, the consequences of a speeding conviction are magnified. In such a case, it becomes crucial to contact a Traffic Violations Attorney in White Plains, NY right away to protect your rights.

Speeding Calibration Methods

In charging and proving a speeding violation, police officers use a number of methods, some of which are more reliable than others.

Visual Observation

It has been held that the opinion evidence of a police officer, uncorroborated by any other mechanical device, will be sufficient to sustain a speeding conviction. But first, proper qualification of the police officer is essential and therefore police officers often testify to their ability to estimate speed with accuracies from two miles per hour to five miles per hour. Courts have accepted such testimony and have held that it is as admissible as other testimony.

Just what qualifies an officer as an expert to gauge speed will be in the discretion of the trial court. Some courts have required very little in the way of proof to establish this expertise. The court is free to accept or reject the officer’s testimony based upon the circumstances of each case. If your case goes to court, make sure you have a professional and experienced White Plains, NY Traffic Violations Attorney by your side to defend your case.

The Court Will Take Into Consideration Such Factors As:

• Where the officer’s vehicle was situated
• How long he observed the motorist
• The nature of his observations
• How he went about estimating a motorist’s speed

Faced with such testimony, an experienced traffic attorney must find some way to impeach the police officer’s speed testing ability. The White Plains, NY Traffic Violations Lawyers at our office are experienced to do that. Call our office to talk to our Traffic Violations Attorney in White Plains, NY.
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Skid Marks

When an accident occurs police officers use the following facts to prove there was excessive speed.

• The force of the impact
• The distance passengers are thrown
• Remarks made by the driver or passengers

Speedometer Readings

The simple use of police vehicle’s speedometer as he follows your vehicle, is often used to prove the speed of a motorist’s vehicle. However, once a mechanical device is used, the usual rules come into play for proving its reliability of accuracy. With any device that operates on a mechanical or scientific principle, it is necessary at first to prove the scientific basis for the operation of the device, however, with a speedometer that is no longer necessary. But, it is still necessary to prove the accuracy of the particular speedometer (i.e., that it was operating properly) on the date in question. An untested speedometer is insufficient to sustain a conviction for speeding, although, the reading of the untested speedometers are admissible to support other evidence of speeding.

Radar

By far the most common mechanical device used to measure the speed of vehicles today is radar. Courts have accepted the scientific reliability of the theory upon which it is based. And therefore it becomes an uphill battle to prove that in a particular situation it was recording improperly. As part of the radar evidence offered by the police officer, he is required to prove the accuracy of the particular unit and also that he was trained to properly operate it.

To prove that a particular radar unit was accurate on the date, time and place in question, evidence must be offered that it was tested both before and after it was set up and used. An experienced traffic attorney can question a police officer on the particular tests utilized and examine the records of the particular radar unit to ensure that it was properly calibrated. The experienced traffic attorney can inquire as to whether the particular speed testified was affected by a variety of sources which produce improper readings.

Sources Of Improper Readings

• Snow, sleet or birds can cause false reading
• Garage door openers, microwave ovens and reflections from aluminum sided homes
• Your car’s air-conditioner, heater, fan belt or police CB radio

These are but a few of the areas of inquiry which should be pursued in your defense at a radar speeding trial.

If you received a speeding ticket and wish to discuss your options with a White Plains, NY Traffic Violations Attorney and whether it would be advantageous to pursue a trial, please contact my office for a FREE consultation to discuss your particular situation.