Does a Police Officer Have to Prove You Were Speeding?
When you get pulled over for a speeding ticket, you’re often under the impression that you were not going over the posted speed limit at any point, right?
Even so, the peace officer wrote a ticket. Officers often use visual estimation as a first step in assessing a vehicle’s speed.
In this particular instance, you might have requested the law enforcement officer to show their radar/lidar device in an effort to verify your alleged speed.Nevertheless, the peace officer did not comply and instead issued you a ticket for speeding.
You might be asking if California police officers are required to show you the radar unit or gun before a citation is issued in an attempt to argue that they got inaccurate readings about your speed estimates.
We are going to dive into the specifics of how police officers in California are required to prove that you were traveling at an excessive speed.
But, How Does a Police Officer Prove You Were Speeding?
If you’ve been issued a traffic ticket for speeding, you may be wondering whether or not it is possible to contest the citation.
In court, the prosecutor must produce evidence, including the police officer’s testimony and calibration records for radar/lidar devices, to prove beyond a reasonable doubt that you were driving too fast.
The police officer’s testimony plays a crucial role in establishing the credibility of the speeding violation.
Before we can delve into how a police or peace officer can prove that you were speeding, we need to first establish how police officers measure speed:
Radar Gun
Three main types of radar units are stationary, moving, and lidar. Police personnel use lidar a lot when conducting traffic stops and getting a speed reading.
Let’s examine how these three radar guns differ from one another:
The radar gun’s beam is broad. The stationary radar device or gun displays the fastest signal, not the fastest object. Police officers determine signal intensity using the “Doppler Tone.” Doppler tone pitch affects signal strength. Stationary radar is the radar device most prone to inaccurate readings.
Moving radar cannon has the same qualities as the stationary one, but it’s more advanced because it has two radar antennas showing separate frequencies.
These gadgets must be monitored to guarantee proper operation. When in motion, match the device’s speed to a cruiser speedometer.
The patrol car plays a crucial role in using these radar devices for speed enforcement, allowing officers to accurately estimate the speed of a vehicle by maintaining a consistent distance. T
he accuracy of the estimated speed decreases as the distance between the patrol car and the vehicle increases, highlighting the importance of precision in speed enforcement.
Lidar radar gun’s light is narrow. When this radar unit is aimed at the front license plate, the trigger is pushed. Laser beams are narrow.
It uses a three-light system aimed at the vehicle’s front and the radar gun. Lidar “should” be accurate to 1 mph. Even so, inaccurate speed readings are possible with this type of radar unit.
Laser
For speed detection, the laser uses pulses of light. To calculate the velocity of moving cars, the laser emits three pulses of light, which are reflected back to it by moving vehicles.
Speed Cameras
License plate number of the speeding vehicle is captured by these cameras. However, because it cannot identify the driver, this does not count as a penalty.
For payment of the fine, a ticket is sent to the registered owner of the vehicle.Even so, in California, it is not a requirement for a police officer or any peace officer to prove you were speeding at the moment they write you a ticket. Next, we explain why:
Why Is It Not a Requirement?
Speed readings are not always required because they can pose a safety risk to peace officers and motorists alike. Police cars frequently have radar devices mounted on the vehicle.
To observe the peace officer’s radar gun, the driver would have to get close to the device with a clear line of sight or be shown the device by a peace officer. Most police officers do not show the radar unit or gun because they fear that a driver will remove or touch the device.
Judges tend to consider the officer’s testimony credible, unless proven otherwise, which plays a significant role in how speeding violations are assessed in court. A police officer does not have to provide you with evidence that you were speeding right then and there when giving you a traffic citation.
They’d have to demonstrate this in court and prove beyond a reasonable doubt that the driver was speeding above the posted miles per hour limit.
Even so, police officers in California aren’t always required to show the radar gun they use to determine a vehicle’s speed at miles per hour.
As a result, it is normal for drivers to want to see the radar unit as soon as possible once they are pulled over in the hope of proving it was a false reading. You have to wait until going to court to challenge your traffic violation.
What is Illegal, Are Speed Traps for Issuing a Traffic Ticket
Although radar and laser guns are legal and peace officers are not obligated to show them to you, what is illegal is for peace officers and law enforcement officials to set up speed traps. Speed traps are illegal under the California Vehicle Code due to several reasons.
Firstly, the code prohibits law enforcement agencies from intentionally using radar or other speed-measuring devices in a way that targets specific vehicles or areas for the primary purpose of revenue generation rather than traffic safety.
This means that speed traps, which are set up strategically by peace officers or highway patrols to catch unsuspecting drivers and generate fines, are explicitly prohibited. Secondly, speed traps violate the principle of due process and fairness.
The California Vehicle Code requires that speed limits be set based on traffic surveys and engineering analysis, ensuring that they are reasonable and appropriate for the specific road conditions.
Speed traps, on the other hand, often involve artificially low-speed limits that are intentionally set to catch drivers unaware and generate fines. This goes against the idea of fair enforcement and what the traffic surveys recommend, as drivers are not given a reasonable opportunity to comply with the law or make informed decisions based on the actual road conditions.
Disputes over speed traps and speeding tickets are often resolved in traffic court, where the differences in plea bargaining, evidence required, and pre-trial discovery can significantly impact the outcome. Overall, speed traps are illegal in California as they undermine the principles of fairness, due process, and the proper use of traffic enforcement measures.
Please contact us at Ticket Snipers if you have any questions about a police officer proving you were speeding and how to defend yourself against any type of traffic ticket, even more serious ones like reckless driving.
We are available free of charge if you’d like to chat with one of our traffic ticket experts about possible defense methods to beat your speeding ticket and keep it off your driving record.