what do you say when cops ask you how fast you were going?

**Obsidian** · 01-27-2008, 02:14 PM

Originally Posted by justin81

Question about this: what if they DON'T ask? Last time I got pulled over the cop made no attempt to ask me any questions other than to ask for my license and registration. She then said "I got you doing 80" (in a 65) and went back to her car with my stuff and came back with the ticket. I must admit I was surprised at how formulaic and quick it all seemed. I have been stopped in the past and had cops ask all sort of BS questions like "where were you coming from?" and "where are you headed?" and that sort of thing. But, what is the best strategy if the cop says or asks practically NOTHING?

In that case, just be quiet. The less you say the better because 1) The less likely it is the cop will remember you and the details of the traffic stop. 2) The burden of proof is on the prosecution to prove you were speeding. This is a huge advantage to you.

If you make a big scene, etc. the cop will likely write some very detailed notes and remember you. If you just take your ticket and go on your way, he probably won't.

-Obsidian-

**Jabomb9** · 01-27-2008, 02:23 PM

I would tend to think that being lippy with an officer would not help your cause, but I could be wrong.

**lugnuts** · 01-27-2008, 02:50 PM

Originally Posted by joegibs

well, I'm thinking because he didnt actually clock me doing any speed, i'm going to appear on the court date and explain that I wasnt sure what my cruise was set at, and to top it off, the offsize tires on my jeep messed with my spedo, and is actually reading a few mph higher than actual speed.

Next time I get pulled, I dont think i'll be telling him anything.

if the tires on your Jeep are causing your speedo to be off I would take it to a shop and have it verified/calibrated and show the Judge the papers to prove it is off.

**corkguykev** · 01-27-2008, 02:56 PM

Originally Posted by lugnuts

Originally Posted by joegibs

well, I'm thinking because he didnt actually clock me doing any speed, i'm going to appear on the court date and explain that I wasnt sure what my cruise was set at, and to top it off, the offsize tires on my jeep messed with my spedo, and is actually reading a few mph higher than actual speed.

Next time I get pulled, I dont think i'll be telling him anything.

if the tires on your Jeep are causing your speedo to be off I would take it to a shop and have it verified/calibrated and show the Judge the papers to prove it is off.

only problem is that if the speed is higher on the speedo than the car is actually doing then it would work against you to try that unfortunately.

however if the speed was understating the speed and you could prove this then it could help possibly.

**lugnuts** · 01-27-2008, 03:00 PM

good point, if that where the case it wouldn't be wise to show the judge. but I think any proof you can bring to support you is better then your word (if the actual speed is lower then the speedo is reading). the LEO wrote the ticket on the OP observations of his speedo and is the LEO's only evidence. so if that is artificially high and the OP can prove that I think he can beat it.

**CJR238** · 01-27-2008, 03:35 PM

you really screwed your self telling him a speed you were going. i would just go in and say you were under duress and felt pressured int admitting you were speeding.

**9500ier** · 01-27-2008, 05:59 PM

Haha... I just got an awesome idea. I have taken a few constitutional law courses so of course Miranda rights poped into my head. I looked into it; routine traffic stops are of course exempt from the requirement however the same rights still apply. I recommend just stating YOUR Miranda rights to the cop:

"I have the right to remain silent. Anything I say can and will be used against me the court of law."

I would have included the attorney bit too. However, I think the part about one being provided for you does not apply to traffic tickets.

P.S. the cop will hate this...

**Taco** · 01-27-2008, 09:25 PM

I think it may be Roy's site that mentions asking the officer if answering that question would incriminate you.

"Do you know how fast you were going?"
"Won't answering this lead me down a path of self-incrimination?"

**trazadone** · 01-27-2008, 09:25 PM

I've found that the best response to, "Do you know how fast you were going?" is something like:

I'm sure I was driving a safe and reasonable speed, officer.

If asked, "Yeah, but how fast were you going?", you can still respond with:

Like I said, Officer, I was driving a safe and reasonable speed.

With this type of response, you're not lying, you're giving a truthful answer, and you're not incriminating yourself. The officer may bother you for a while, trying to get you to admit to something, but just keep repeating the same answer.