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.

Speeding Enforcement

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 attorney@markbigger.com to receive the personal professional attention you deserve. En español, llame al 661-376-0214.