In order to be found guilty for speeding, does it have to be proved that I was traveling at the rate of speed the officer said or just that I was going over the posted limit?
Question Details: I passed a parked officer going 43 in a 40 mph zone. When I asked him why I was being pulled over, he lied to me and said that he got me going 56 in a 40 mph zone. After I explained to him that could not be true and that I use an app on my phone that measures and records my speed of travel by GPS along with the dates and times corresponding with my speed, he changed his story. Now, instead of having caught me on radar going 56, he now states that when he was following me, prior to blue lighting me, I was going 50. He proceeded to violate several of my rights before sending me on my way with a speeding citation for going 50 in a 40. I will not admit guilt to something that I'm not guilty of. To be found guilty when I fight this in court, does the officer have to prove beyond a doubt that I was going the stated speed that he erroneously and falsely accused me of going and that he recorded on my citation?
1) Yes, to be convicted, it would have to be proven in court beyond a reasonable doubt that you were going the speed alleged or claimed (the speed you were cited for).
2) The officer can "prove" that you were speeding just based on his testimony of the speed that he clocked (paced, radared or lidared, etc.) you at. He does not need "hard" evidence. While it is possible that the court (there is no jury in traffic cases--just a judge) will believe you, not him, in my experience (I have practiced traffic law for four years) the judge essentially always believes the trained, sworn, neutral (no personal stake in the outcome) officer over the motorist trying to get out of a lawsuit.
3) In my experience, your best bet is to talk to the prosecutor and try to get a plea to a lesser offense (no points or fewer points). If you have an otherwise-good driving record, you are likely to be offered such a plea.