Speeding ticket received by mail
I received a speeding ticket in the mail almost a month
after the alleged incident. The officer never pulled over the vehicle.
Apparently the officer got the plate number from his dash camera, and then
phoned owner of the vehicle. The owner said I was driving the vehicle. I called
the police department and said it wasn't me. The officer on duty stated were
sending me a ticket anyway. The ticketing officer sent me a ticket based on a
phone conversation who accused me as the driver. I challenged the citation with
the prosecutor, and he said will take it to trial. Is this prosecutor for real?
1 attorney answer
Jay K. Nixon
Licensed for 40 years, Avvo Rating: 10 Traffic Defense
Attorney in Kenosha& Janesville, WI
Traditionally, WI has not prosecuted people with robotic
devices only, so this would appear to be something new. I understand that they
are commonly used in Europe, as well as in other parts of the U.S. If the
government can't prove guilt by "clear and convincing" evidence
(roughly meaning to a 75% level of certainly), the trial judge will be obligated
to dismiss the citation. Prosecutors certainly have the option to "give it
a try," even though personal identification in court by the arresting
officer has been the norm in every speeding trial I have ever done over the
last 40 years (most of those being in my Ex-prosecutor role awhile back). Your
odds of winning will be much better with an experienced traffic litigator on
your side, however, since you will certainly be facing one of those on the
other side. The less senior prosecutors usually do speeding trials by the
hundreds, as do the officers who testify, and the judges who decide the cases.
You will therefore be walking into a long running play, where everyone but you
knows all the lines, if you attempt to fight this by yourself.
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