Can I get a speeding ticket without being gunned by the radar?

How do you know a radar wasn't used? We run set ups where one officer will radar vehicles and call them in to other units down the street.

But that doesn't matter. The courts have ruled that any lay person can estimate speed. No special training is needed to estimate that someone is speeding. You yourself say that you were speeding so is it that big of a stretch to believe that an officer could believe you were speeding too?

You know you were speeding so pay the ticket.

Yes police officers are trainned to pace cars. It is a math system where you can get the speed of the car by counting the time it takes to cover a certain distance.

It is just a valid in court as a radar gun.

By the way the white van coud have been a hidding place set out for him to shoot radar from behind. His radar could have been left at the Van. I have seen this done before. Other wise He should have been behind the van if he was ticketing the van. It would be dangerous for a bike cop to pull infront of a van he pulled over as the guy could run him down if he was wanted for something or carrying drugs. So the fact he was infront makes me think the van was a block

BTW don't believe that the cop has to show you the radar gun. That is a myth just like the myth that an undercover cop has to tell you he is a cop if you ask him. If you dont sign the ticket like he said the ticket is still valid. When you sign the ticket it just confirms you saw the ticket it doesnt admit guilt.

But I will say this take it to court. The states attorney will talk with you prior to the case being heard and will let you take a lesser charge if you plead guilty (lower speed infraction) just to get the case out of the way. The fact that everyone else was speeding doesnt validate your speeding.

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You specifically mentioned California, so I'll specifically answer for California: Yes, you can get a ticket in California without the use of radar (because that still leaves lidar, which evidently wasn't used here, and pacing). Visual observations are also admissible, though harder to prove because it requires the officer to convince the judge he/she can accurately estimate speed. 84 miles an hour, even in California's maximum-speed areas of 70 miles an hour, is easily distinguishable. EDIT: Sorry, you also asked if your friend had "a case." If you're asking if your friend has a defense to the charge of speeding solely because radar was not used, the answer is no. If you're asking if your friend has a defense to the charge of speeding for some other reason, there's no way to tell based on the information you provided.

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RE:

Can I get a speeding ticket without being gunned by the radar?

I was in morning rush hour and was just going with the traffic's flow. I was coming up to my exit when I saw a white van on the right shoulder. I was in the #3 lane when I passed the white van. I then looked in my rear view mirror and saw an officer walking to his motorcycle (so he was parked...

Do you know for a fact that the white van wasn't a police vehicle set up to gun drivers on the freeway, and the officer was there waiting for them to notify him of someone needing to receive a ticket?

It is often that things like this is done. The vehicle that is stationary is the radar vehicle, and they will notify officers in the area of vehicles gunned at a rate above the posted speed limit. You state you know HE didn't gun you, but you don't know for sure if an officer gunned you at all. The officer giving you the ticket doesn't have to be the one with the radar gun.

Accept the fee and move on. It will cost you more to fight it, and you are not going to win.

Yes, you can get a speeding ticket without being clocked by a speed detection device (radar or lidar). And don't listen to Johnny Boy. He'll get you locked up quick. We don't have to show you the radar (safety issues), and we don't have to lock the speed in when using a radar either. And if you don't sign the ticket you could end up under arrest and in jail having to post a cash bond to make sure you show up for court. You should feel lucky that he didn't site you for your actual speed. You admit that you were speeding and if you go to court and say that to a judge he'll find you guilty anyway, even if you dispute the speed.

I think you should fight it. If he cannot prove that you were going that fast by showing the speed that was on the radar gun then you should be able to win. As long as you haven't already confessed to going over the speed limit. Court is all about proof. If the officer can't prove you were speeding then he has no case. Most of the time they don't even show up to court anyway.

Don't listen to Johnny Boy...he is full of it. The officer doesn't have to show you a thing. I'm an ex-cop. As far as you not signing the ticket...that is an option the cop gives you. If you don't sign it...you are actually telling the officer you will not show up in court. At that time he can place you under arrest...tow your car to the impound lot...and take young a** to jail. Most of the time that motorcycle cop is only one of 2-5 cops. They catch you from bridge or side road...then one of them goes after the car that the radar officer reports. Even a plane flying above can clock you between 2 points and have an officer on the ground stop you. The new laser radar guns have cameras in them...takes your picture as it clocks you....so you want to see...go to court.

I don't buy into the counting part as nobody's method of counting is that accurate. (one-one thousand, two-one thousand, three-one thousand, etc.)

He would either need to pace you for a minimum specified time to allow his speedometer to stabilize or radar you. As one said, the van may have been a decoy. In fact, it's common procedure to leap frog, one does the radar and the other takes you down. Speed traps are notorious for that.

You mentioned that you had to be at work, which I have to assume leaves you little time for the intense amount of legal work to fight such a case. On top of looking up law AND precedent in order to present your case, you'll also need quite a bit of study in evidentiary procedure in court. Also how to properly subpoena maintenance records on said radar unit, if that was used, or by itemizing changes to factory equipped cars and how they would affect speedometer readings.

I hate to suggest taking the hit, both to your wallet and your insurance rates, but unless you're very wealthy or have incredible amounts of time for study, you really don't have much of a choice.

One thing to let you know is that when ever a cop pulls you over, it's your right to ask and see the radar gun. They have to show you if you ask. Cops have told me this before. If the cop refuses to show you, than you don't have to sign and take the ticket. You could go to a judge if you would like. The only thing is that you don't really have proof. I mean if you would have asked for the radar gun and he doesn't show you and gives you a ticket, than you can definitely take it to court. I guess you could tell the judge that you were in rush hour and everybody was going that speed limit and you weren't speeding at all. Plus tell them that the cop didn't even use his radar gun. You neve know what can happen. If the judge doesn't like what you say, the worst thing that can happen is you have to pay the ticket. Sometimes they will make deals and you only have to pay a certain amount.