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Lv 6
? asked in Politics & GovernmentLaw & Ethics · 8 years ago

I would like opinions from the community regarding estimating vehicle speed by law enforcement?

I asked this question once before and got one answer. I thought I would post it again to see if I could get some more input.

I got a ticket the other day in Dubuque County Iowa for going past a park police officer in another lane who was a part of a speed trap and had another vehicle stopped. As I came over the crest of the hill, I put my breaks on because all the stopped vehicles took me by surprise. There was a sheriff's vehicle behind the park officer's vehicle on the same side of the road. The speed limit was 35. I was going about 30. It said that my average speed from the stop sign approx. 5-8 blocks away was 32.5 miles per hour on my vehicle. The park officer was over 30 feet away from my vehicle on the shoulder of the far lane on a two lane road right over the crest of the hill and therefore invisible to on coming traffic until you were right on him.

The other officer, according to the officer who stopped me, motioned for him to pull out and stop me because, he THOUGHT I was going too fast. The sheriff vehicle pulled into his lane, went down over the hill, turned around, came back up the hill, during this time I was out of his sight, and stopped me at the very bottom of the hill. When the sheriff deputy said I was speeding, I asked what he clocked me at and he said he did not clock me nor did he pace me. He said that they THOUGHT I was going too fast. I have searched Iowa codes and also checked out the driver's testing questions on the web and, in that testing site, it says that if you come upon a vehicle with flashing lights what should you do. The answer is: pull over in the other lane if at all possible. I WAS in the other lane. I am going to take it to court. Any suggestions? I think this is a case that can be won. I cannot believe that any court would judge on what someone thinks rather that actual documented proof. Also in the codes it says failure to comply to this code is a maximum fine of $100.00. He gave me a ticket for $200.00. I KNOW I was not speeding and one question I have is, why did they stop vehicles at location that was totally invisible to oncoming traffic. Thanks!

5 Answers

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  • Todd
    Lv 7
    8 years ago
    Favorite Answer

    You should contest the ticket. What will happen is that it will be completely dropped because it's not worth the court's time or they'll drop it to a lesser charge, like "Failure to Signal a Lane Change". The actual charge doesn't apply, but various districts do it all the time just to keep you out of court and not have to deal with extra paper work. If that happens, you'll go to court, plead guilty to the lesser charge, pay it, and leave. Done deal.

    You can force their hand, though, if you really want to. They might just back down and dismiss the ticket.

  • 8 years ago

    I know in Jo Daviess Cty u can go one mile over the speed limit. I also had a friend who was an officer and he told me u could go two miles over the speed limit. And if the officer in Iowa had traffic stopped then they may been checking for seat belts.

  • Neil
    Lv 7
    8 years ago

    Visual estimation is valid.

    We don't know why they were stopped there. But if what was over this hill was so hidden from view, that should be your clue to slow down.

  • Anonymous
    8 years ago

    the deal is that you are the one that would have to prove otherwise, and saying you were "going ABOUT 30" or that you "KNOW you were not speeding" is not sufficient proof of anything..... not unless you can show your vehicle can not go over 25mph

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  • Ella
    Lv 7
    8 years ago

    http://www.worldlawdirect.com/article/903/fighting...

    There are a lot of articles and websites on how to beat a speeding ticket.

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