Can a cop write a speeding ticket without knowing the speed I was traveling?

looneycop

No, a police officer cannot write you a speeding ticket if he doesn't know, either by RADAR, LIDAR or pacing in a calibrated vehicle, your speed. This should be obvious, and I am disappointed that the officers who have answered thus far have been unable to completely answer your question.

The fact is, however, that officers are trained to visually estimate your speed, and an offense as flagrant as yours would be obvious. So, given that they cannot charge you with "speeding", the officer should have informed you that he could have charged you with reckless driving, as this would cover the excessive speed and the aggressiveness with which this speed would require one to drive.

It sounds as if the officer gave you a very big and undeserved break, so count your lucky stars and don't bite the hand that feeds you.

blades_going_round

Test driving a new vehicle comes prior to the purchase not after and at 2 AM speeding down a side road. The Judge would know you're an idiot and fine you for general principal.

cclover _

How do you know he didn't know your speed...did he tell you? 85 mph in a 45 zone is way too fast, your lucky he didn't write you a ticket and tow your new vehicle...You could have also been written for reckless driving or exhibition of speed. Next time you want to "test drive" your new car, go to a race track. I can't tell you how many times I've had to scrape people off the side of the road because of people like you who think it's okay because the streets are "non busy streets"....

joeanonymous

The officer is trained to estimate a vehicle's speed. The radar unit is only used to confirm his/her estimation. If he could always give you a "fail to obey official sign" (speed limit sign) ticket, instead of speeding (that's what we sometimes do here).

woodyhou

He could of got you for wreckless driving, (depending on state law) without getting you no a radar. You got off with no ticket so why are you coming no here to complain and bash.

Spoken Majority

YES. the law is "reasonable and prudent speed". If I can see that you are traveling above the posted speed limit (and at 40 mph over, it would be easy to see that) I can issue the ticket. If I am on the next street over and am going the same speed limit, and you pass me, same thing. in my state I can VISUALLY PACE someone. if I can convince the judge that with my training and experience I knew you were speeding, they will allow it.

El Scott

Yes, you could have been given a speeding ticket. The courts have ruled that anyone can estimate speed (even non-law enforcement trained people). It is very easy to know someone is speeding when they are traveling at 85 mph in a 45 mph. The officer would have been well within his power to write you a citation.

Radar units are only tools. A trained radar operator has to make an estimate of your speed when they initially see your vehicle. They use the radar unit to support their opinion.

For example if I see you traveling on a street I might estimate your speed at 75 mph in a 55 mph zone. My radar unit might read your speed at 74 mph. I would then stop you an cite you for speeding and note my estimate of your speed and the radar unit's reading. In court I would testify to all of this.

Problem Child

You can't tell by looking at someone whether they are going the speed limit or not? There is a BIG difference in a car going 45 verse 85. Even without your true speed, which he may have, you make no mention of radar, he can still cite you for excessive speed, speed unreasonable or reckless driving (a crime in many states) He could have had radar on, if he was driving, he could have said "oh, gee I'm doing 45 and that guy is going WAAAAYYY faster...duh, let me stop him"
Bottom line, you admit to speeding, you where speeding, he said you where speeding...so whats the issue???
Cops are trained in VASCAR, a speed estimation system. It is very effective and is actually the legal way radar/laser works. Cops are supposed to visually estimate your speed and them confirm it with the radar/laser.
I was trained and was amazed at how accurat it really is. Even without training, the average person can estimate a cars speed pretty good.
We all know what 45 is and what 45 is not. And its not 85.

Sounds like you got lucky. Whats your complaint, exactly?

Toralba

If it happens to you, then they can.

sarinx830

The cop would have to visually estimate your speed and could have given a citation based on that estimate.

Woody Woodburn

Of course they can and you must prove in court you were not doing it (speeding) although that would be hard as the police are trained in this area of law enforcement and the public is not! Police do not make up people were speeding, just to write a ticket! There are enough legitimate speeders!

mikeysco

Not sure I get your question:

"By the time the cop turned i was traveling the speed limit but he pulled me over knowing that i had been speeding."

So here he knows your speed.

"...but im just wondering if he could have given me some kind of ticket even without knowing my speed because it was very obvious that i was traveling above the speed limit."

And here he doesn't...or he does; I can't tell what you're meaning to say.

To answer your question, no - we cannot write you a ticket for speeding if we don't know what speed you were driving at. This seems like kind of a no-brainer...what would we write the ticket for if we didn't know what your speed was? I don't know of any law anywhere in the country that allows the police to write a ticket for "Speeding, But I Don't Know How Fast"

So your question is a little flawed; if we're writing you a ticket, we know how fast you were going or are capable of estimating *some* kind of speed. That's different than not knowing a speed.

arch0049

Sure he could have. Doesnt mean he would have won.

remerton7

yes he can, and it will hold up in court only if he is certified to use speed detection devices, as part of using a speed detection device(radar,laser,etc), officers are trained to do tracking histories. this sounds big but only takes a few seconds, in GA we are required to conduct 16 hrs of hands on training of just sitting with a radar, observing cars and guessing the speed, in GA i have to guess your speed within 5 mph, if the tracking history, which involves more than just guessing the speed, doesn't match the radar read out i cant write the ticket

prancinglion

A police officer can give you a ticket for bad breath if they choose.

It's then up to you to fight it out in court.

By your own admission of exceedingly poor judgment the police officer is right. I'm also glad he was there to adjust your immature thinking. And yes... the police officer could have written you up for dangerous driving.

marine_semperfi_jarhead

yes its called failure to obey a traffic control device if he could obviously tell you where speeding but could not get your speed this is the ticket you ould receive

Robert C

Yeah, it is excessive speed. It is his word against yours. In court "you" have to prove you didn't do it, not the other way around.

cowboydanimal

nah, he would need proof if oyu took his butt to court. Laser speed detectors have a print out, and so do the lasers on the grill of cop cars when they catch speeders.

indian307

nahhhh,,,,,,he knew he couldnt give you a ticket coz he had nothing to back him up,,,,you were lucky,,,,and he would have lost in court,,,,,,thats why he didnt write you a ticket,,,

justin m

yes.

they are "trained" to estimate your speed.
complete BS but it holds up in court.
at least in california it does. fought that war and lost.

"Cynical but Fun" Nick

Well, a cop can lie if they want. Good luck on your word over a cop's.

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