My question involves a traffic ticket from the state of: Texas
I was ticketed by an officer who claims he used Pace method to determine my speed violation. He stated he was " two car lengths" behind me and had followed "for a while".
I submitted discovery of evidence and found that there is dash cam video of the pursuit and detainment. I was only given viewing privileges while sitting in a cubicle of the prosecutors office at the court where i was frequently walked-in on by the prosecutor's assistant.
The video was captured and recorded by WatchGuard Digital In-Car video system and showed a date/time stamp as well Gps coordinates and a speed reading (presumably that of the patrol vehicle?).
Footage begins at (23:32:48) speed displayed 56 mph.
(23.32:50 - 51) 57
(23:32:52 - 53) 59
(23:32:54 - 55) 60
(23:32:56 - 57) 59
(23:32:58 - 59) 58
(23:33:00 - 01) 55
(23:33:02 - 03) 53 mph, police lights activated
(23:33:04 - 05) 52
(23:33:06 - 07) 48 mph
(23:33:08 - 09) 42 mph, police vehicle makes right turn
(23:33:10) 26 mph
(23:33:11 - 12) 8
(23:33:13 - 14) 7 mph , both vehicles are completely stopped on the side of the road
(23:33:15 - 20) 6 mph, officer is completely stopped and can be heard putting the vehicle in parked position.
I am concerned that the jury will be mislead to believe that the speed reading displayed is that of MY vehicle or that the video can be used in lieu of the PACE testimony. Is there anything I can say/motion or do to have this video thrown out ? Can this video be used even if it is not recognized as a SMD?
Excerpt from Administrative Directives 112.041 Traffic Enforcement
"Section N. Maintenance and Use of Speed Measuring Devices
In order to ensure that traffic safety and traffic law enforcement goals and objectives are met, the Department will use speed-measuring devices to facilitate those objectives.
1. Equipment used as speed measuring devices include:
any feedback and suggestions are appreciated.
I was ticketed by an officer who claims he used Pace method to determine my speed violation. He stated he was " two car lengths" behind me and had followed "for a while".
I submitted discovery of evidence and found that there is dash cam video of the pursuit and detainment. I was only given viewing privileges while sitting in a cubicle of the prosecutors office at the court where i was frequently walked-in on by the prosecutor's assistant.
The video was captured and recorded by WatchGuard Digital In-Car video system and showed a date/time stamp as well Gps coordinates and a speed reading (presumably that of the patrol vehicle?).
Footage begins at (23:32:48) speed displayed 56 mph.
(23.32:50 - 51) 57
(23:32:52 - 53) 59
(23:32:54 - 55) 60
(23:32:56 - 57) 59
(23:32:58 - 59) 58
(23:33:00 - 01) 55
(23:33:02 - 03) 53 mph, police lights activated
(23:33:04 - 05) 52
(23:33:06 - 07) 48 mph
(23:33:08 - 09) 42 mph, police vehicle makes right turn
(23:33:10) 26 mph
(23:33:11 - 12) 8
(23:33:13 - 14) 7 mph , both vehicles are completely stopped on the side of the road
(23:33:15 - 20) 6 mph, officer is completely stopped and can be heard putting the vehicle in parked position.
I am concerned that the jury will be mislead to believe that the speed reading displayed is that of MY vehicle or that the video can be used in lieu of the PACE testimony. Is there anything I can say/motion or do to have this video thrown out ? Can this video be used even if it is not recognized as a SMD?
Excerpt from Administrative Directives 112.041 Traffic Enforcement
"Section N. Maintenance and Use of Speed Measuring Devices
In order to ensure that traffic safety and traffic law enforcement goals and objectives are met, the Department will use speed-measuring devices to facilitate those objectives.
1. Equipment used as speed measuring devices include:
a. radar/ laser speed measuring devices
b. patrol vehicle speedometer (used to pace a suspected violator) which are certified to be calibrated and which are checked by a moving radar test following the pace."
any feedback and suggestions are appreciated.
Speeding Tickets: Speeding Ticket 55 in 40 Zone- -Excluding Police Dash Cam As Evidence
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