Legal Question in Traffic Law in Wisconsin

If a deputy pulls someone over for speeding and said they clocked them at 70mph in a 55mph zone and the civilian asks for the deputy to show them the proof their radar gun reads what they say(70 mph), because they don't believe that is accurate. Can a deputy refuse to show them the speed that the deputy clocked them at and still issue them a ticket for 15 over the speed limit?


Asked on 7/08/14, 2:14 am

1 Answer from Attorneys

JAY Nixon nixon law offices

There is no requirement that the officer display speed detection equipment readings to the person receiving the citation, so the Deputy can legally refuse. Showing the reading is a courtesy which many officers will extend, however, and is a common practice, so it may be worth asking at trial why it was not displayed. Valid answers could include being busy with other calls, or that the equipment used (not always radar) does not save the displayed reading. Other types of equipment besides radar include squad car certified speedometer clocking over a measured distance, as well as visually activated speed computers run from an airplane or by a totally different squad (or pedestrian officer), other than the "chase cars" to whom the readings and plate numbers are transmitted via radio. Those officers never see the readings either, but rather base pulling the driver over solely upon the other officer's report. However, whether the reading is displayed or not, it is always worth hiring an experienced traffic attorney to negotiate any citation for you. The modest fee you pay will save you from needing to take several days off work, since they can appear without you if you authorize that in writing, and the attorney will be familiar with local prosecution negotiation policies in order to get you the best deal which is reasonably possible under the circumstances.

Do not assume that I am your attorney because of my response here. Call my office in Racine (262-633-3090 or email [email protected]) for clarifications, but short of such additional arrangements, I will not be taking any action on your case. See me on the web at www.jayknixonlaw.com, or view fifteen years of past answers at http://www.lawguru.com/answers/search/attorney/jknixon ., Also see them on AVVO answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency . Answers may contain attorney advertising materials.

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Answered on 7/08/14, 4:58 am


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