Legal Question in Traffic Law in Maryland

Length of travel time and sight distance for observing vehicle

Passed a police car the other day going in the opposite direction of my car. Saw the police car go up a curving hill and out of my sight. I was going around another curve in the opposite direction and was then stopped at a red light with other vehicles a good mile and a half from where I passed the police car.

Before our light turns green a police car came and sat behind the traffic. Once moving through the light with the traffic the police car's lights came on and he pulled me off the road. Wrote up a ticket, but the ticket has the wrong street name of where alleged speeding was observed.

Would the lack of him keeping a vehicle in sight, waiting at a traffic light and then writing the wrong location on the ticket be a possibility that it would be dismissed?

Thanks for the assistance


Asked on 11/12/04, 3:39 pm

1 Answer from Attorneys

Alan Albin Alan S. Albin, Attorney at Law

Re: Length of travel time and sight distance for observing vehicle

You leave out the most important fact: were you speeding?

Since you don't say you weren't speeding, I'll assume you were speeding, and presumably, the police officer saw you at some point and that's why he came back and gave you the ticket.

There may also have been another, unmarked police vehicle in the area which you did not notice and which radioed the officer who actually ticketed you.

In any event, usually the judge will want to hear your testimony about what happened before he is willing to dismiss a speeding ticket (if you contest it). Thus, if you have to testify,and you were speeding, the judge will find you guilty.

It is possible, with an effective cross-examination,that you might be able to bamboozle the police officer sufficiently to have the ticket dismissed without having to testify, although cross-examination is something of an art, and if you don't know what you're doing, you'll just end up convicting yourself.

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Answered on 11/13/04, 5:41 am


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