Pacing with Another Vehicle
Pacing basically means that the officer followed you with another
vehicle, attempting to maintain a constant distance and referring to his
speedometer to gauge your speed. In this case, the calibration of the
police car is vital to your defense. The defense strategies outlined
earlier may not all apply, since the officer does not have to be
specifically trained in reading a speedometer and it is unlikely he was
following the wrong vehicle. Your best bet is that the officer does not
appear in court and that the prosecution fails to prove all the points
in the specific section of the vehicle code. Review the cross
examination sections that we have discussed earlier and also the radar
ticket cross examinations. These questions should get you thinking on
the right track so you can arrange the questions for the motor pacing
case. Some of the more important items for you to remember are the
Make sure the officer is giving recollection of the incident and not
reading directly from the back of the citation.
Make sure that the officer testifies that the unit was calibrated at a
certain date, and that the calibration certificate is present in court.
Also, the qualifications of the technician that calibrated the unit
should be available. Review the officerís testimony and the prosecutorís
line of questioning as thoroughly as possible. If they leave out any of
the points covered in the vehicle code, you have grounds for a motion to
dismiss. Donít expect that this will just happen automatically, as the
judge may allow the prosecution to reopen their case if they happen to
omit something. Ask the officer a bunch of questions concerning the
other traffic on the road. Ask him if during the time he was pacing you,
he passed other vehicles. If not, that would indicate that you were
traveling at the same speed as the other vehicles at that time of day on
that piece of road.
Ask the officer as to the exact distances covered from the time the
officer began to pace the speed of your vehicle until you were stopped.
You would also want to know the estimated distance between the two
vehicles at all times. Review the math and see if the officer actually
had to speed up in order to close the distance between your vehicles
before pulling you over. Itís possible he could have used the
accelerated speed as the basis for the ticket.