Like many cities, Denton law enforcement officers can determine speeding either with a visual comparison, pacing or by using radar detection or LIDAR detection. All these types of methods for recording speed are prone to human error. Contact an accomplished Denton lawyer for more information regarding Denton speeding detection.
Contesting the Speeding Offense
A driver can contest the officer’s claim of speeding by setting a case for a trial. The driver should contact a defense attorney who can guide them through the trial process. The traffic offender then has the opportunity to cross-examine the police officer in open court to determine the credibility and weight of the evidence.
Radar Reading as Evidence and Defense in Court
The weight of radar reading in court is the same burden used in traffic court as in any other criminal case. The prosecution is required to prove the defendant guilty beyond a reasonable doubt, so the weight of evidence as it applies to LIDAR or radar has to be at the use of the judge or jury to convict the defendant of speeding.
Defenses to radar gun readings in court are strong when they are flushed out in cross-examination. It is important to ask police officers to bring their recent calibration reports or to contest whether or not they properly tuned the instrument prior to the beginning of their shift. The driver can question the officer’s training, how often they use the instrument, and whether or not they have experience using that equipment.
Issues of Traffic Speeding Instruments
Most law enforcement agencies are going to have up-to-date equipment, but some may not, and that is why it is important to have a defense attorney on the person’s side when contesting the traffic ticket so everything can be looked at and the case is handled properly.
In speeding cases, some issues that can occur with traffic speeding instruments are interference and locking onto the wrong objects. A radar gun is a tool that is used by humans and like any other kind of tool, there can be common errors. Also, other issues can include the officer’s insufficient training, lack of properly calibrating the equipment, and inability to use it correctly. These things are important to consider in Denton speeding detection cases.
Pacing is used by an officer while they are driving. They can tail a vehicle or follow another vehicle in order to determine how fast or slow the automobile is going in relation to the officer’s own speed.
Pacing is admissible evidence for an officer to discuss what their speed was or what their speed was in comparison to what the defendant’s speed was.
Issues regarding pacing would include a human error which is a common mistake. An officer could have thought they were going the same speed of someone else’s car and looked down and accidentally misread their own speed. If this happens, the officer is going to wrongfully equate that with the speed of the other individual’s car.
Defenses Regarding Pacing and Speeding Cases
While working on a defense, the individual wants to have the officer show up to be questioned in court during cross-examination. It can be a he said or she said issue. The officer may say they were going 55 miles per hour which is why they presumed the other car was going 55 miles per hour, but that is not the strongest evidence in court. The accused offender could say they know they were not going that fast and challenge how fast the officer thought they were actually going. By obtaining an attorney, the individual could get a well-crafted defense regarding Denton speeding detection. It is important for someone to have an experienced defense lawyer by their side during the legal process.