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Officer's Visual Estimation of Speed of a vehicle Coming At Him (Traffic Law)

Mon, 10 Jul 2006 08:00:00 GMT

I am in California.

For all of you who have been following my case and responding. Thanks for looking and responding with such wonderful suggestions. Here is my OP for those who want know or just want a refresh.

This weekend I was traveling on a two lane highway. When a CHP vehicle pass by me coming from an opposite direction. In my rear view mirror I saw him made a u-turn a then he pull me over. He said his radar caught me going 72. I denied it.

The section of the high that the officer was traveling on just before we pass each had a grade (so he was coming down hill) and his section of the road was turning. While the section of the road I was traveling was still straight and I was just about to start going up hill

I have been working on attacking the calibration angle of my case up now. But beside calibration of the radar, the CHP officer made the statement in his Trial by Declaration (TBD) that he observed my car traveling 70-75, then he turn on his radar and it read 72/73 (the officer did not have any other detail about my speed). At trial even if I could discredit the radar portion of his case I still need to discredit his visual speed estimate of me. How would I go about doing that? How would I conduct my cross examination?

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  • Mon, 10 Jul 2006 12:09:00 GMT(1)
  • I agree. Also, I can appreciate optimism but I think trying to discredit the radar is going to be extremely difficult, too.
  • Tue, 11 Jul 2006 05:19:00 GMT(2)
  • THANK YOU Aaron, this is the perfect place!
  • Mon, 03 Dec 2007 10:01:00 GMT(3)
  • I'm in a similar situation here in NC. A Trooper, coming at me with moving mode radar is going to claim in court that he estimated my speed and then turned on his radar (after passing me) to verify his estimation.

    I know this because I had a radar detector, so I know exactly when he turned on his radar. I believe I can bust his radar reading but I need info on how to bust his visual estimation training. I know, from over 20 years experience driving, playing sports and generally living in a world full of moving objects, that it's very difficult to estimate the speed of something coming directly at you.
    With both of us traveling at least 55mph we are going to be closing distance VERY quickly. I'd like to set up a small radar unit and throw a football towards the officer and have him estimate the speed but if he gets it right my goose will be cooked.

    How else can I cast doubt on his visual estimation training?
  • Mon, 10 Jul 2006 13:41:00 GMT(4)
  • Quoting chuckycheese


    I agree. Also, I can appreciate optimism but I think trying to discredit the radar is going to be extremely difficult, too.

    Chuckycheese,

    The radar thing is another matter you can see my other threads.

    Chuckycheese,
    You were able to discredit your testimony for you red-light ticket with out an expert.

    Maybe it would be a hard case maybe it would not be. But give me something to use if you can.

    thanks
  • Tue, 11 Jul 2006 05:08:00 GMT(5)
  • He isn't getting it.
  • Mon, 10 Jul 2006 08:38:00 GMT(6)
  • Quoting blau


    Well, without the radar which I believe I have a good chance to discredit. The question is how valid is a visual estimation of speed of a vehical comming at you. I personally think it is almost impossible given the stitution.

    Let start with. How long would it take to estimate a speed of a vehical comming at you? and what is the maximum range of taking a visual estimation of the vehical comming at you. Maybe people who are train a visual speed estimation could help with this question?

    Expert testimony would be the best way to discount the officer's observations, by simply stating that given the position of the vehicles at the no one could have been able to judge. This is expensive however. Trying researching judgment and/or observation of speed on line.
  • Mon, 10 Jul 2006 08:28:00 GMT(7)
  • Quoting chuckycheese


    Based upon that information, I can't imagine how you could possibly win. I think, realistically, your only chance is to show up in court...and hope he doesn't (which is reasonably likely).


    Well, without the radar which I believe I have a good chance to discredit. The question is how valid is a visual estimation of speed of a vehical comming at you. I personally think it is almost impossible given the stitution.

    Let start with. How long would it take to estimate a speed of a vehical comming at you? and what is the maximum range of taking a visual estimation of the vehical comming at you. Maybe people who are train a visual speed estimation could help with this question?
  • Tue, 11 Jul 2006 04:31:00 GMT(8)
  • I've tried to explain my situation in several posts as well as 2 private messages. Simply put, the circumstances surrounding our cases are as different as day and night. It's not practical to think that disputing a red light ticket and a speeding ticket are comparable....especially since I went to court and admitted that I ran the light.

    The only thing in common is the fact that we both filed a trial by declaration, we both were found guilty and we both requested a trial de novo. That's where the similarities end. Nothing I said at my trial would even remotely help you at your trial. You need to analyze the situation...and just do the best you can.
  • Mon, 10 Jul 2006 08:19:00 GMT(9)
  • Based upon that information, I can't imagine how you could possibly win. I think, realistically, your only chance is to show up in court...and hope he doesn't (which is reasonably likely).
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