If I received a speeding ticket, however when I got the ticket the officer did not radar me, follow me (pace) or anything, how can I defend against it?

He was entering the freeway when he witnessed me lane changing to get around another vehicle. He then followed me for less than 2 miles stating that I was driving 85 mph. Yet I know that isn’t true because there was moderate to heavy traffic and because the traffic had come to a slow. I then checked behind me, that’s when I saw him. I wish to fight this in court. Is there a defense for this, as I doubt he can provide proof of my actual speed. Can the officer just make things up like that?

Asked on December 16, 2015 under General Practice, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The real question is, who do you think the court will believe: you, a private citizen who has a strong incentive to lie to get out of a speeding ticket; or him, a trained and sworn officer of the law who has no personal stake in the outcome? You can be convicted of speeding based on an officer's testimony that that he paced you at a certain speed if the court believes him; and in my experience, the court essentially always believes the officer.


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