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Is losing site of vehicle a viable speeding ticket defence

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  • Is losing site of vehicle a viable speeding ticket defence

    On a hilly winding road in NC I was issued a ticket for speeding - 70 in 55. The officer could not have kept me in sight as there is not a 1/2 mile stretch of flat or straight roads. I was out of his site (he was going the other way at night, had to turn around and catch up to me. It was night, no moon, about ready to rain on a dark country road, I doubt he could even make out the color of my vehicle in passing. There were at least two separate times my vehicle was out of his sight for at least 15-20 seconds plus several side roads that would allow new traffic onto the road or the suspect vehicle could have left that street. Would this be a reasonable defense and reason to ask for dismissal as there is no way he can positively identify my vehicle as the one he allegedly got on radar? Any good NC case law?

  • #2
    Re: Is losing site of vehicle a viable speeding ticket defence

    You can certainly argue those points, yes...

    See also http://www.worldlaw.eu/article/903/F...ng_ticket.html

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