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Question: Auto Accidents - Colorado

Asked on 11/6/2009
Speeding ticket in passenger pick up area at airport
While at the curb picking up a passanger at the airport I was approached by an officer on foot. He knocked on my window and then told me he witnessed me speeding and gave me a ticket. I asked for proof which he could not provide, no radar gun. The airport was very crowded that day, bumper to bumper traffic, there's no way I was speeding. I went to court, requested a hearing, and faced the officer in court. The judge said he believed the offiicer, no proof required, and upheld the ticket. Where is the burden of proof? Should I appeal this? I feel like the county just wants the revenue.

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Answers (2):

B. B., Member in Good Standing of the New Jersey Bar


I can't tell you that you're wrong about the county's motivation, especially in this economy.  But that's impossible to prove, and so it really won't help you with this.

You can appeal.  The difficulty is that the judge is allowed to choose who to believe, and typically police officers are believed in traffic court, unless there is something stronger than the police officer's testimony on the defendant's side.  Your testimony as the defendant is obviously coming from someone with an interest in getting off, is the reasoning, so you needed something more -- and you can't introduce that something more in the appeal.



  • Answered on 11/6/2009
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I think you are wasting your effort to appeal.  Speeding is a 'strict liability' offense - you don't have to know you were nor do you have to have intended to speed. You had a trial, you presented your evidence (note: statements as to what a person - even a cop - are 'evidence')  and the court ruled against you.  Speeding tickets are very hard to beat.  My suggestion is to pay the fine and be done with it.



  • Answered on 11/8/2009
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