Can you be convicted of speeding on the basis of an officer’s estimation of your speed?
In Lewis v. Commonwealth of Virginia, Record No. 1195-12-1 (unpublished), an officer was running his radar gun from his moving police cruiser. He clocked a driver going 56 mph in a 35 mph zone going the opposite direction. He turned around, flashed his lights, and tracked down the driver who weaved ever so slightly within his driving lane but otherwise was not driving erratically. The driver looked drunk, smelled of alcohol, admitted to having one beer and one shot, and failed five field sobriety tests. The officer arrested him for speeding and driving under the influence of alcohol. Continue reading