While driving home the other day on Florida's I-10 (through baker county), I went to pass a slower moving vehicle. I looked in my side mirror and noticed a dark green honda fast approaching. I let the honda pass me in the left lane and then proceeded to follow the honda (with in about 5 to 10 yards between me and the honda) to pass the slow moving pickup truck. I had just passed the pickup (at about 75-80 mph) when noticed a cop car lights on cutting across the medium. The Cop then turned off his lights and speed up to catch me and the honda. I saw the cop coming and got into the right lane in front of the truck to make way for the officer. The honda by this time was a good 25 yards ahead of me had slowed down and got in the right lane as well. As the cop passed my car on the left hand side he turned on his lights again, and pulled in between me and the honda. He started to slow up fast and pull over the honda. I got back in the left lane to get out of his way. As I was passing the officer he roles down his window and points to my car and then the side of the road. I pulled in front of the officer and pulled off road. When I talked to the officer he asked me several time how fast I though I was going. I told him that my cruse was set somewhere around 75 ( the speed limit being 70) and I didn't think I was going much faster then that. He told me that he clocked the honda going 89 and then asked my speed again. I told him the same. He then went back to his car and wrote me a ticket for 89 mph the same as the honda. On the ticket the officer said he got my speed from his front radar in moving mode. I don't see how this is possible. The officer started out on the other side of the highway traveling in the opposite direction. In which case the honda would have been blocking a clear path to my car to get an accurate reading. By the time the officer was behind my car, I no I had slowed to at least 70 and then merged into the right lane to get out of his way. I do not believe the officer ever had the chance to properly clock my car and only assumed my speed from the honda who was going faster then me.
I'm thinking about fighting this ticket. I would like to know if an officer can assume the speed or does he have to have a reading? And any other use full knowledge that could help me fight this ticket. I know for certain that I was not going 89 mph.. Otherwise I'd just pay the ticket and be done with it.
Follow Ups
Can I cop give you a ticket if he didn't record your - actt9112:08:48 01/24/03
12:08:48 01/24/03
