Q: I got a ticket from a police officer who pulled me over going 54 in 40. He was faced in a general direction with cars
going both directions. I am Indian and he put white down on my ticket. I could tell he was not going to be friendly at all, could have been a racist, not sure. Can I get my ticket dismissed on a the technicality that he was only 2 ft away from me and he couldn't distinguish my race. If he can't distinguish my race from 2 feet away, how did he pick my car to be speeding of all the cars going both ways and he was facing north, while cars were driving east to west (if maybe he didn't have his bifocals on that day)? Let me know if this can be thrown out on a technicality or dismissed without stepping into court of it this case could be won?
A:
You could talk to the prosecutor and see if he will dismiss the case. If the prosecutor dismisses the case, it could be won without going to court.
If the prosecutor doesn't dismiss the case, then, you could ask for a hearing before the judge. At the hearing, the prosecutor would have the burden of proving that you violated a traffic law. If the prosecutor doesn't meet his burden, the judge should find you not guilty.
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