Texas  |  Traffic Law

Legal Question

Asked on: 1/15/01, 8:38 am

traffic burden of proof question

Hello, I was recently written a citation for speeding. I was not speeding and have a witness to confirm this. I asked the officer if I could look at his radar reading, and he said no. He then told me I could get a copy of his video tape from the court and view it myself. I was okay with this because I knew I wasn't speeding. A few days later I am told there was not a video tape all along. The court will not dismiss the citation and I am forced to go to jury trial. He did not show the radar screen to anyone and there were no witnesses to support his story. Since I did not get a chance to examine the only real evidence (the radar reading) does this mean I've been denied my rights to due process? I feel like the officer suspected me of drinking and driving, but once he saw that I wasn't he created a crime to justify the traffic stop. Doesn't he need physical evidence and/or witnesses to support his accusation? There is nothing except this radar reading that no one else can confirm accurate. I could not go into a police station and say I saw a person speeding and get them to issue a citation, they would laugh at me! Please advise me on this situation.

Sincerely,

central Texas

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