Pacing Defense

Bring applicable case laws from your state.

Your Honor, these are copies of case laws brought down by some of the highest levels of court in (name your state) on the permissibility of evidence. I wish to submit them for your consideration.

Or, if your state doesn’t have any case law, bring in an out of state case law(s) and say the following…

Your Honor, the state of (your state) at the present time doesn’t have any case law pertaining to the issue at hand. I ask that you accept these case laws from sister states since they were handed down by some of the highest levels of court in these states.

In the event that you were paced by a police officer, use the following defense strategies: You hand the judge and prosecutor a copy of the relevant case law(s) you have brought. Your case is called, officer makes his statement, and the prosecution rests its case.

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SCENARIO #1 Officer Makes No Mention of Calibrating the Speedometer DEFENDANT - Officer, are you certain the speedometer in your car was functioning accurately and if so would you present to the court evidence stating the vehicle's speedometer was calibrated within a reasonable amount of time the alleged violation occurred? If he can not, ask for a dismissal. DEFENDANT- Your Honor, the prosecution has failed to prove, by way of sufficient documentation, the speedometer was accurate at the time of the alleged violation. I motion for a dismissal based on this fact. I would venture to say that only 20% of the police departments in this country actually calibrate their squad car speedometers on a regular basis. If he can not produce the evidence, but says he believes the speedometer was functioning correctly, I would ask him the following questions: DEFENDANT – Mr. Officer, I’m not asking you for your assumptions or beliefs on the matter. I’m asking for actual proof. DEFENDANT - Officer, are you trained or certified in the field of speedometer calibration? When he says no (and he will say no), ask for dismissal. DEFENDANT - Your Honor, the witness on the stand is not trained or certified in speedometer calibration. His testimony as to the accuracy of the speedometer is not valid and should be stricken from the record. I motion for a dismissal. If he does happen to produce evidence of the speedometer being checked, make sure it is an original document, if not, ask for dismissal. If it is the original or if the judge denies motion, continue on. Check to make sure the evidence he provides matches up with the exact vehicle used by the officer that day. If they don't match, ask for a dismissal. Have him show you the speedometer in his vehicle (license plate # or car #) is the same one being referred to in the document.

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If everything matches (rare), I would ask the officer this question: DEFENDANT - Would you submit forth evidence proving the exact vehicle in question has had no external or internal changes that may affect the speedometer’s reading after the calibration was performed. A maintenance report on the vehicle showing no new tires, major mechanical parts, or accidents after the calibration occurred will suffice. If nothing is presented, I would ask for a dismissal: DEFENDANT - Your Honor, there are many factors which can alter a speedometer’s reading after it is calibrated. If it is not proven these factors did not occur after the vehicle was calibrated, we will never know just how accurate the speedometer’s reading was. Police cars are regularly involved in accidents or have parts repaired and replaced. If a vehicle maintenance record is not presented to extinguish any doubts, then I motion for a dismissal. If a maintenance report on the vehicle is presented, VERY UNLIKELY, you will want to make sure it is an original document and it is for the same vehicle driven by the officer that day. Police officers regularly change vehicles, so it is very possible they may bring in documentation pertaining to another vehicle. This is why it’s a very good idea to jot down the officer’s car number before leaving the scene of the traffic stop.

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