Baltimore, MD asked in Traffic Tickets for Maryland

Q: Can a police officer give you a ticket for speeding if he was standing on the side of the road with no radar?

I was driving in a 25mph zone and a cop was standing on the side of the road and waved me over because of speeding. I don't think I was going over 35 but he wrote on my ticket that I was going 40. The ticket said I have a $90 fee, but the cop also told me I have a point on my license, but no mention of this on the ticket. Am I in the right to fight this?

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1 Lawyer Answer
Mark Oakley
Mark Oakley
Answered
  • Criminal Law Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: Yes, but you can challenge his ability to estimate speeds so specifically, and if he shows, and the judge believes your were exceeding 25, I would imagine the judge would at least cut the speed over to a one point 0-9 mph over rather than 10-29 over (which is a 2 point defense and is what you’re charged with). If the officer doesn’t show you’ll be found not guilty, but you must request a trial (not a waiver hearing).

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