This incident happened to a woman I work with. I told my husband about it and we had a big discussion on the legalities of what happened. I’m asking you all if this was legal, not to help the woman I work with (whom I think was probably in the wrong, knowing her), but to win the argument with my husband! Also, I’m going to tell you what she told me happened; I have no idea if this is the whole, true story, but it doesn’t matter because the discussion I had with my husband was based on her story.
Setting: South Carolina
Mrs. A is driving along a 4 lane divided highway with a 45 mph speed limit. She sees up ahead, in the 25 mph school zone, several police officers (7-10), lights flashing, pulling people over. Seeing this, she slows down. As she approaches the speed trap, an officer steps out and signals for her to pull over. She does this, but cop does not immediately approach vehicle (there are about 5 other people pulled over also). Another police officer, who was not immediately behind her, pulls up and parks. He gets out of his car and approaches her car. As he does so, he says to the officer who pulled Mrs. A, “What’d you clock her at?” The officer who waved Mrs. A over says, “41” then gets into his car and leaves.
The second officer proceeds to write the ticket. Mrs. A says, “I know I wasn’t going 41. Can I see the radar gun?” The officer says, “No, you’ll have to take it up with the other guy and he left.” Then he write the ticket for $170 and 4 points.
Now, in my opinion, she was probably speeding and probably deserves to get the ticket. This is the second time she’s been pulled over in two weeks and has a history of deplorable driving. She also has a history of saying it’s never her fault and the cops are out to get her.
Legally, though, if she takes this to court, did the cops mess this one up? I thought if she asked to see the radar gun, they had to show it to her. Also, how can the cop who didn’t clock her and never saw the gun be the one who writes the ticket? What evidence does he have?
My husband (who, incidentally, thinks that the system should be guilty until proven innocent :rolleyes: ) thinks that one cop’s word to another cop would stand up in court.
So, were these policemen half-assing this a bit or do you think they were following standard procedure? Is this a legally sound way of pulling people over for speeding?