A California federal judge recently ruled that an officer can guess at
a motorist’s speed in Barstow or Apple Valley, and issue a citation
based on that guesstimate.
30-year-old Daniyar Tuyakbayev, of San Francisco, was arrested for DUI
while on The Presidio. His lawyer filed a motion to suppress the arrest,
alleging that the officer had no reasonable suspicion to stop Mr. Tuyakbayev
in the first place. According to testimony, U.S. Park Police Officer Eric
Cole was standing next to a bus stop when he “heard a loud engine.”
Even though Mr. Tuyakbayev was about a hundred yards away, Officer Cole
estimated the speed of his 2014 Mustang to be at least 50mph in a 30mph zone.
The defendant argued that the officer simply guessed the vehicle’s
speed; Officer Cole testified that “he based his estimate of Defendant’s
speed on the training he received as part of his law enforcement duties.”
Judge Maria-Elena James
sided with the officer and upheld the stop, so the case is still pending.
This case points how large police powers are in a speeding ticket situation.
The so-called technique that Officer Cole employed was
nothing like pacing, when an officer in a moving car estimates the speed of another car by
the variance in velocity. Officer Cole was standing on a corner, at night,
and he estimated a vehicle’s speed by the sound of its engine. Moreover,
the Mustang is a rather notorious muscle car, which sounds fast even when idling.
Apparently, none of these things mattered. If the officer says you were
speeding, then you were speeding. Only an aggressive and experienced attorney
has any real hope of convincing the judge otherwise.
Getting Legal Help
The aggressive lawyers at Bigger & Harman, APC, are committed to giving
individuals a voice when dealing with speeding and traffic tickets. Call
today at 661-859-1177 or email
firstname.lastname@example.org to receive the personal professional attention you deserve. En español,
llame al 661-376-0214.