Q: I was pulled over with multiple other vehicles by one trooper and ticketed for going 75 in a 65, but I wasn't speeding.
I have contested this ticket and the court has sent me the video of the incident. It does not show how fast anybody is going and in the audio the trooper is heard saying that everyone was speeding and we were traveling in a pack, which is false. In the video you see the trooper pull over a truck pulling a trailer that was speeding (he admitted going 77 in the audio). As I and three other vehicles moved over to the left lane to give room to the trooper he honks and waves us over to the shoulder as well. At this point it looks like it's his word vs mine. The only other audio that backs me up is you here 3 other drivers complain how fast the truck with the trailer was going. Does the state of MN need to show better evidence then just a dash cam video and the word of the over zealous trooper? By the looks of the video the trooper could pull anyone over going any speed and say they were speeding.
A: It is sufficient if the judge believes that the trooper’s word constitutes truth beyond a reasonable doubt. The trooper could certainly consider evidence that you were driving as fast as the truck if he clocked the trucker and the other vehicles were right behind it.
Thomas C Gallagher agrees with this answer
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A: That sounds like it's likely a petty misdemeanor speeding charge, so the trial would be to a judge not a jury. The judge will hear the evidence for the prosecution and then the evidence for the defense. After that and any legal argument from the two sides, the judge will have to decide whether the government has met its burden of proving the charge beyond any reasonable doubt. The question stated lays out an argument that the government will not be able to do so. While having a defense attorney would be an advantage, I encourage everyone to fight their speeding ticket, including a trial if necessary. Be sure to imagine yourself a prosecutor in the case, so you can better anticipate their position. And you can request pretrial discovery of police reports and video.
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