From: whs70@dancer.uucp (22501-sohl)
Newsgroups: nj.misc
Subject: Re: Traffic court: anyone been there?
Date: 9 Oct 92 15:52:06 GMT
Distribution: nj
Organization: Bellcore, Livingston, NJ

In article <Oct.8.15.46.48.1992.16463@tastesgreat.rutgers.edu> boubez@tastesgreat.rutgers.edu (Toufic Boubez) writes:
>Hi. I've been issued a speeding ticket on the NJ Turnpike. The ticket says
>that I was "paced" at 73mph, which is preposterous, becuase I saw the
>unmarked car at the side of the road, saw it pull out into traffic, and
>there was _NO_ way I was going that fast, since I monitored my speed all
>the while he was behind me in traffic. Whether he clocked me before with a
>radar gun or not is not the issue. The ticket says "paced at 73mph", and
>it's complete baloney (I wasn't going 55, for sure, but with the flow of
>traffic, maybe around 60-65, like everybody else). Anyway, I'm going to go
>to court. The only thing I have going is that I had my wife in the car with
>me.  We both noticed the police car on the side of the road as it was
>pulling out. Now to my question(s): Has anybody been in traffic court to
>fight a ticket? What are my chances, What's a good tactic, Is there any
>required reading before I go plead my case? Any info would be greatly
>appreciated. Thanks.

First, I'd send a letter to the court and request "discovery" for your ticket.
You should then get a copy of the information the cop wrote regarding the
details of the citation/ticket.  His notes are usually written on the
back of the ticket which you don't get (unless you file for discovery).
With that information you should then have a better means to determine
how (how far) he "paced" you.  

In any case, I would fight it, odds are (as another poster suggests) you
can certainly get the speed reduced to 69mph which is a 2 point as opposed
to a 4 point violation.  Pacing is certainly far less accurate
than radar and, if your assessment is correct that the cop
pulled out and never actually ran with you (paced you) then that should
add some degree of reasonable doubt as to the 73 mph speed.

Remember, you do NOT have to testify yourself.  Use the opportunity
to cross examine the cop as the means to ferrit out the details of
where he was parked, etc. (especially with any info that discovery
may provide you).  Also, have your wife testify as to the cops
movements, etc.  Remember, once you take the stand, the prosecutor
can ask you "how fast where you going?"  Your wife, since she wasn't
driving can simply say she knows you were driving with the flow of
traffic, the exact speed of which she doesn't know.

Anyway, take your best shot at it, you have nothing to lose (except
for a few bucks court costs) and everything to gain...not guilty
or at least a reduced speed charge.

Bill Sohl, member national and NJ National Motorists Association

The above is what I would do and should not be considered legal opinion
and/or advice.

Standard Disclaimer- Any opinions, etc. are mine and NOT my employer's.
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