Philadelphia Police Misconduct Lawyers: Pulled Over for Going 1mph Over Speed Limit but Arrested for Going 20mph Over.March 27, 2015
Police officers have the power to pull over drivers and issue them tickets, but what happens when they abuse this power? It may be a rare occurrence, but some drivers may find themselves dealing with a speeding ticket that has the incorrect speed. Many would hope that this situation would resolve itself with the ticket being altered to reflect the correct speed, but this is not always the case. This is why drivers should understand their legal rights and obligations after being issued an incorrect ticket.
Proving it to a Judge
Having to prove to a judge or jury that a police officer lied without having any physical evidence is one of the most difficult legal scenarios for anyone to go through. One of the reasons that this is so difficult is the fact that it will be your word versus the police officer’s word, and if they are proven guilty it is a criminal offense in many locations. This means that every driver that feels as if their police report has been falsified should immediately contact an attorney to explore his or her options.
Another reason that these situations are so difficult is the fact that the driver may have to admit guilt in order to prove that the police officer is lying. Luckily, going just a single mile an hour over the speed limit could be within the margin of error depending on the type of speed trap that was used. One of the most important pieces of information will come down to if the officer signed the report under penalty of perjury or not. The attorney will also need to delve into other information such as the experience of the police officer, the last time the radar gun was calibrated, the distance from the radar gun to the vehicle, and countless other pieces of data that will be nearly impossible for a driver to collect on their own.
This specific type of case is notoriously difficult, but no driver should give up their rights simply because the legal battle will be difficult. If an officer purposefully falsifies a report, then it is the responsibility of the driver and their lawyer to do everything possible to ensure that the officer does not continue on with their dishonest practices. Anyone that has found themselves in a similar situation should immediately contact our team today to discuss their options.
If you or a loved one feel as though you have been a victim of police misconduct call one of our experienced attorneys at 215-735-3326 or contact us online today.