QUESTION
The police officer said I was going 60 mph in a 45 mph but I was not speeding, should I request a bench trial?
Asked on May 16th, 2013 on Criminal Law - South Carolina
6 ANSWERS
Geoffrey MacLaren Yaryan
If you are not guilty you should request a trial.
Answered on May 20th, 2013 at 10:27 AM
Michael J. Breczinski
You should get a lawyer and fight the matter in front of the judge.
Answered on May 20th, 2013 at 10:26 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Consider retaining an attorney experienced in handling traffic cases. You would want a bench trial with the judge but it's best to be represented by someone with experience in handling such matters.
Answered on May 17th, 2013 at 10:14 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Without seeing the evidence, I have no idea. How did the officer measure your speed? Radar, pace? If so, and this comes into evidence, how are you going to prove otherwise?
Answered on May 17th, 2013 at 8:07 AM
James Edward Smith
Yes, but if it's just his word against yours, good luck.
Answered on May 17th, 2013 at 2:26 AM
Criminal Defense Attorney serving Mount Pleasant, SC
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Futeral & Nelson, LLC
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In my experience, you will likely lose during a bench trial especially if it is a "swearing" contest where you say you weren't speeding and the officer say you were. If you really need to challenge the ticket, then you should hire an attorney to investigate and challenge the method by which the officer determined you were speeding. For example, I've had cases where the officer submits that his radar unit detected a certain speed. However, upon investigation, I've uncovered radar units that malfunction or that are improperly calibrated.
Answered on May 17th, 2013 at 2:25 AM