Legal Question in Traffic Law in North Carolina

Officer changing radar speed

After being stopped and receiving a speeding ticket that was unjust, I can clearly see where the officer had changed the supposedly radar speed on the ticket. He put it higher then what he first wrote on the ticket. Also he has several other errors on the ticket. I have a witness to verified that I was not going the speed that he put.

When this officer stopped me, he didn't say anything to me except, ''Let me have your license and registration'', didn't say why he stopped me, went to his car and started writing a ticket. I have a perfect driving record for over 25 years! I figure that I was the easy one to stop, behind some other cars. I have talked with the police chief of the town where this happened and this officer admits to changing it and said that ''He doesn't know why he did''.

This seems like it would be illegal for an officer to do, like false evidence.

Is this enough to get this ticket dismissed?


Asked on 6/13/02, 2:35 am

1 Answer from Attorneys
Paul Herzog Paul F. Herzog, Attorney-at-Law, P.A.

Re: Officer changing radar speed

Probably not. Certainly not without the help of a competent attorney from your home county.

What the police chief may have told you is "hearsay" and inadmissible in court. After having practiced law in NC for 23 years, I doubt that the charging officer will admit under oath that he "changed the speed" on the ticket.

If it comes down to a "swearing contest" between you and the officer (yes he did, no I didn't), most judges side with the officer every single time.

My advice to you is find an attonrey from your homecounty and discuss it with him or her.

He or she may be able to accomplish your goal, or at least keep it off your record. Even a conviction for a "small" speeding case can have devasting results for your insurance rates for the next three years.

A small investment made with a competent traffic lawyer can result in huge savings for you.

Read more
Answered on 6/13/02, 12:27 pm


Related Questions & Answers

More Traffic Law questions and answers in North Carolina