Q: Could a speeding be " thrown out" if the wrong model of car is showed?
I was pulled over for speeding. The ticket he give me has the wrong model of car. It said it was a station wagon and I drive an edge. Two very different vehicles. Also he had be going faster than what I was. I had my cruise control set for 75 and the speed limit was 70. He said he clock me going 84. I have a picture of my cruise control where it was set. I took the picture when I was waiting on him to get back with my stuff. Could I use that in court too?
A: Based on your post, you have admitted you were speeding, but that the law enforcement officer noted things which are in error. The prosecution has the burden of proof and would call the law enforcement officer who would identify you as the operator of a vehicle which was exceeding the speed limit. You or your attorney can question the law enforcement officer as to the inconsistencies however, the officer would still identify you as the person operating a vehicle which was exceeding the speed limit. And you cannot take the stand if you are going to testify consistently with this post as if you testify that you were travelling 75 in a 70 then that's an admission of speeding or exceeding the speed limit.
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