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3/15/2015 8:42:13 PM EDT
This was not a first hand experience. This was relayed to me by my father. My father went through northern Virginia this weekend on his way to visit some family. My father (usually) does not go more than two or three over the speed limit and he knows not to speed through Virginia.

On his way down he was passed by an speeding individual as they were going around a curve. Immediately after passing my dad, the other driver then changed lanes back to the right lane. There happened to be a officer sitting around the corner. The officer proceeded to pull over the car in front and then apparently told them to meet him up the road, then the officer caught up to and pulled my father over. My father asked why he had been pulled over and the officer replied that he had witnessed him running with the other guy. He stated that he could only radar one of them and the other guy was going 83 so he knew my father had to be doing at least the same. My father contested that the other driver had just passed him around the turn and had just changed lanes to be in front of him. That, naturally, didn't work so he brought home a carbon copy souvenir.

So my question is, was it legal for the officer to just assume that my dad was speeding when he didn't radar him? I mean, he told him flat out that he didn't hit him with the radar gun. My father has no proof that he didn't check his speed, just that the officer admitted to it during the stop. Is there a chance in fighting the ticket? I would assume not but I wanted to see what the Arfcom lawyers had to say.

Like I said, this was just relayed to me, while it may not be accurate, my dad isn't one to exaggerate or lie. I'm not saying my dad wasn't speeding, because he very well could have been. I'm honestly just more curious about the legality of the stop.
3/15/2015 8:44:57 PM EDT
[#1]
Quoted:
This was not a first hand experience. This was relayed to me by my father. My father went through northern Virginia this weekend on his way to visit some family. My father (usually) does not go more than two or three over the speed limit and he knows not to speed through Virginia.

On his way down he was passed by an speeding individual as they were going around a curve. Immediately after passing my dad, the other driver then changed lanes back to the right lane. There happened to be a officer sitting around the corner. The officer proceeded to pull over the car in front and then apparently told them to meet him up the road, then the officer caught up to and pulled my father over. My father asked why he had been pulled over and the officer replied that he had witnessed him running with the other guy. He stated that he could only radar one of them and the other guy was going 83 so he knew my father had to be doing at least the same. My father contested that the other driver had just passed him around the turn and had just changed lanes to be in front of him. That, naturally, didn't work so he brought home a carbon copy souvenir.

So my question is, was it legal for the officer to just assume that my dad was speeding when he didn't radar him? I mean, he told him flat out that he didn't hit him with the radar gun. My father has no proof that he didn't check his speed, just that the officer admitted to it during the stop. Is there a chance in fighting the ticket? I would assume not but I wanted to see what the Arfcom lawyers had to say.

Like I said, this was just relayed to me, while it may not be accurate, my dad isn't one to exaggerate or lie. I'm not saying my dad wasn't speeding, because he very well could have been. I'm honestly just more curious about the legality of the stop.
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 He is boned without go pro video.  Welcome to VA Sorry but it is the truth, that cop tells the judge he believes your father was going 83, then he was going 83 in the courts eyes.
3/15/2015 8:47:19 PM EDT
[#2]
Don't know about Virginia but we didn't need radar to stop for speeding.
3/15/2015 8:48:25 PM EDT
[#3]
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Quoted:
Don't know about Virginia but we didn't need radar to stop for speeding.
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what the fuck
3/15/2015 8:51:38 PM EDT
[#4]
Dash cam.....or citizen you have been randomly selected to pay a fu fee!
3/15/2015 8:53:25 PM EDT
[#5]
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what the fuck
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Don't know about Virginia but we didn't need radar to stop for speeding.

what the fuck

You think the cop has to have radar or laser to write speeding tickets?
3/15/2015 8:56:31 PM EDT
[#6]
Hopefully it isn't Northern Virginia.  Because they don't play.  I'm serious.
3/15/2015 8:59:51 PM EDT
[#7]
Get a lawyer. That's reckless driving in VA.
3/15/2015 9:00:04 PM EDT
[#8]
Jalopnik posted some horror stories about speeding in that state.
http://jalopnik.com/what-every-driver-should-know-about-speeding-in-virgini-1669902845
3/15/2015 9:00:29 PM EDT
[#9]
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Quoted:
 He is boned without go pro video.  Welcome to VA Sorry but it is the truth, that cop tells the judge he believes your father was going 83, then he was going 83 in the courts eyes.
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That's kind of what I figured.
3/15/2015 9:00:37 PM EDT
[#10]
Similar thing happened to me.

Was driving at night in the right lane, van comes up in the left lane to pass me then slows down and gets behind me. Cop makes a U-turn and pulls me over. This was on alligator alley at night. There is no way he had any idea who was the one speeding. Anyway court was in a different county and legal fees were outrageous, just decided to pay the ticket.
3/15/2015 9:01:43 PM EDT
[#11]
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Get a lawyer. That's reckless driving in VA.
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Oh the officer knocked it down to 76 mph on the ticket so that it wasn't...
3/15/2015 9:02:35 PM EDT
[#12]
Dunno about in VA, but in my county's traffic court, that would be dismissed immediately by the judge.
3/15/2015 9:06:18 PM EDT
[#13]
Sounds like an income collector selected your dad to pay an out of state toll.
3/15/2015 9:18:41 PM EDT
[#14]

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You think the cop has to have radar or laser to write speeding tickets?
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Quoted:


Quoted:

Don't know about Virginia but we didn't need radar to stop for speeding.


what the fuck


You think the cop has to have radar or laser to write speeding tickets?


This. I know from experience they have radar in the back of their heads.



Even if he goes to court it will be his word against the cops. Guess who the judge will believe.



 
3/15/2015 9:20:13 PM EDT
[#15]
Welcome to Virginia
3/15/2015 9:23:07 PM EDT
[#16]
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what the fuck
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Don't know about Virginia but we didn't need radar to stop for speeding.

what the fuck

Yep, cops are allowed to visually estimate your speed and call it good.
3/15/2015 9:24:41 PM EDT
[#17]
Im not even required to put a speed on the ticket. Just write it for speed not reasonable and prudent. Thats NY for you. Very difficult to fight too. I dont particularly care for writing those though..
3/15/2015 9:28:31 PM EDT
[#18]
His only chance is going to be to present his case before the judge.

I give it 20-1 odds.

If Pops has a clean record he'll probably be looking at traffic school and court costs.
3/15/2015 9:29:38 PM EDT
[#19]
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Im not even required to put a speed on the ticket. Just write it for speed not reasonable and prudent. Thats NY for you. Very difficult to fight too. I dont particularly care for writing those though..
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The judges at our AAB usually tossed those.
3/15/2015 9:35:08 PM EDT
[#20]
I'm feeling the temptation to get one of those gps dashcams that records speed, audio, etc....
3/15/2015 9:36:02 PM EDT
[#21]
I have always wondered why things like this are so hard to fight with the whole innocent until proven guilty thing.  I am probably missing something but I don't honestly get it..
3/15/2015 9:39:19 PM EDT
[#22]
Sounds like our Texas DPS, just collecting revenue because that's all they do.  
3/15/2015 9:41:18 PM EDT
[#23]
If the other driver would give a statement  to back up you father the ticket would likely get tossed
 
3/15/2015 9:43:06 PM EDT
[#24]
Quote History
Quoted:
Sounds like an income collector selected your dad to pay an out of state toll.
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AKA, Virginia tourism tax.....
3/15/2015 9:48:28 PM EDT
[#25]
Escort Redline
3/15/2015 9:50:12 PM EDT
[#26]
Your dad got home safely so the officer did his job.



3/15/2015 9:51:32 PM EDT
[#27]
Get a lawyer.

You just have to ask yourself do you want to pay the police and insurance company's new higher rate due to your speeding or a lawyer.
I prefer to pay the lawyer.
3/15/2015 9:53:51 PM EDT
[#28]
Your dad's lawyer should Request the dash cam footage.
3/16/2015 12:37:34 PM EDT
[#29]
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I have always wondered why things like this are so hard to fight with the whole innocent until proven guilty thing.  I am probably missing something but I don't honestly get it..
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Because they aren't criminal. They are civil which has a lower burden of proof.
3/16/2015 12:43:05 PM EDT
[#30]
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what the fuck
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Don't know about Virginia but we didn't need radar to stop for speeding.

what the fuck



He is correct.
3/16/2015 4:33:30 PM EDT
[#31]
That's why I have a dash cam.
3/17/2015 6:32:52 AM EDT
[#32]
Assholes like that are what make my profession difficult, for fucks sake stop acting like writing tickets is somehow making the world a better place.
3/17/2015 8:11:38 AM EDT
[#33]
Quoted:
This was not a first hand experience. This was relayed to me by my father. My father went through northern Virginia this weekend on his way to visit some family. My father (usually) does not go more than two or three over the speed limit and he knows not to speed through Virginia.

On his way down he was passed by an speeding individual as they were going around a curve. Immediately after passing my dad, the other driver then changed lanes back to the right lane. There happened to be a officer sitting around the corner. The officer proceeded to pull over the car in front and then apparently told them to meet him up the road, then the officer caught up to and pulled my father over. My father asked why he had been pulled over and the officer replied that he had witnessed him running with the other guy. He stated that he could only radar one of them and the other guy was going 83 so he knew my father had to be doing at least the same. My father contested that the other driver had just passed him around the turn and had just changed lanes to be in front of him. That, naturally, didn't work so he brought home a carbon copy souvenir.

So my question is, was it legal for the officer to just assume that my dad was speeding when he didn't radar him? I mean, he told him flat out that he didn't hit him with the radar gun. My father has no proof that he didn't check his speed, just that the officer admitted to it during the stop. Is there a chance in fighting the ticket? I would assume not but I wanted to see what the Arfcom lawyers had to say.

Like I said, this was just relayed to me, while it may not be accurate, my dad isn't one to exaggerate or lie. I'm not saying my dad wasn't speeding, because he very well could have been. I'm honestly just more curious about the legality of the stop.
View Quote

lol no! But as things are in this country. The cop writes a ticket gets his contact hours and its YOUR problem to solve.

"Tell it to the Judge."



3/17/2015 8:21:51 AM EDT
[#34]
Remember the term "trained observer".  You will probably hear it a few times.
3/17/2015 8:29:02 AM EDT
[#35]
Quote History
Quoted:

You think the cop has to have radar or laser to write speeding tickets?
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Quoted:
Quoted:
Quoted:
Don't know about Virginia but we didn't need radar to stop for speeding.

what the fuck

You think the cop has to have radar or laser to write speeding tickets?


I know they don't.  My wife got a ticket for 65 when actually going that fast on that particular section of road would violate the laws of physics.  It's complete BS.

That said, I don't think I've personally ever received a ticket when I wasn't actually speeding.
3/17/2015 8:34:03 AM EDT
[#36]
Unless its close .. its probably not worth fighting.

Iv learned over the years cops are trained to assume everyone they come in contact with is a liar.... and cops wonder why so many people (that pay them to have a job)  hate their fucking ass’s
3/17/2015 8:38:58 AM EDT
[#37]
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Quoted:
Don't know about Virginia but we didn't need radar to stop for speeding.
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Above..

And yes we have done this subject before.
3/17/2015 8:40:44 AM EDT
[#38]
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Quoted:
Unless its close .. its probably not worth fighting.

Iv learned over the years cops are trained to assume everyone they come in contact with is a liar.... and cops wonder why so many people (that pay them to have a job)  hate their fucking ass’s
View Quote


It's not training. It's experience .
3/17/2015 8:42:06 AM EDT
[#39]

My traffic court judge would toss that in a heartbeat.
3/17/2015 8:59:31 AM EDT
[#40]
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what the fuck
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Quoted:
Quoted:
Don't know about Virginia but we didn't need radar to stop for speeding.

what the fuck


You must be a youngster.

Once upon a time in a day before VASCAR and then RADAR, peace officers judged everyone's speed by eye.  One of the better excuses for a ticket was "speed too fast for conditions", which could include what was judged as heavy traffic in bone dry conditions on a 6 lane highway without a corner for miles.

When I lived in Virginia, radar was new.  The highway patrol and county mounties liked to put their new toy on a camera tripod on the shoulder with the cruiser well out of sight.  The officer was posted with binoculars in order to see whether the perp had anything that looks like a radar detector anywhere near the windshield in order to make righteous stop whether or not the driver was speeding.

You might want to keep that 3X3 inch (might have been closer to 4X4, they were huge) color coded inspection sticker up to date every six months, too.

The speed limit on major roads and interstates was 55 mph; think about that intrusion of Common Sense.

Which reminds me of the howls of dissent from law enforcement all over the country when talk of lifting the national speed limit started; "oh no, don't let the proles drive faster, it's for the children."

Makes me think anyone that couches their argument with "common sense" ought to be squashed.

3/17/2015 9:02:27 AM EDT
[#41]
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I'm feeling the temptation to get one of those gps dashcams that records speed, audio, etc....
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Society is getting to a place where we need forward and aft facing cameras to record traffic, and side looking cameras to record interaction with public safety officers.  Personal recorders on our persons isn't a terrible idea.



3/17/2015 9:03:48 AM EDT
[#42]
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It's not training. It's experience .
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Quoted:
Quoted:
Unless its close .. its probably not worth fighting.

Iv learned over the years cops are trained to assume everyone they come in contact with is a liar.... and cops wonder why so many people (that pay them to have a job)  hate their fucking ass’s


It's not training. It's experience .

I rest my case
3/17/2015 9:05:58 AM EDT
[#43]
Rather than asking a  bunch on anonymous people, the best thing that can be done is to schedule a trial and present his side of things and let the court rule
The officer clearly believed a violation had occurred or he would not have issued a ticket

Quoted:
Quoted:
Quoted:
Unless its close .. its probably not worth fighting.

Iv learned over the years cops are trained to assume everyone they come in contact with is a liar.... and cops wonder why so many people (that pay them to have a job)  hate their fucking ass’s
View Quote


It's not training. It's experience .
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I rest my case
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Oh look, my first click of the morning
3/17/2015 9:20:17 AM EDT
[#44]
Yeah, sounds like he's screwed.