When an Officer's Visual Estimate of Speed Is Not Reasonable, a Suppression Motion Might Get a Speeding Ticket Dismissed

In People v. Nice (“Nice”), Sixth District Court of Appeal, Case No.  H041847, May 26, 2016,   a police officer estimated that a vehicle was traveling from 10 to 15 miles per hour over the speed limit of 25 m.p.h. and the officer stopped the vehicle for speeding. The officer arrested the occupants of the vehicle who appeared to be high on methamphetamine.  Drugs and a firearm were found during a search of the vehicle.

Reasonable  Suspicion for Traffic Stop?

The defendants moved to suppress the evidence from the traffic stop, arguing that the officer did not have reasonable suspicion to stop the vehicle.  The trial court denied the motion.  The defendants appealed.

On appeal, the appellate court did not find any California case law on point but was persuaded by United States v. Sowards (“Sowards”)  (4th Cir. 2012) 690 F.3d 583.  The Fourth District in Sowards, explains: "[T]he reasonableness of an officer's visual speed estimate depends, in the first instance, on whether a vehicle's speed is estimated to be in significant excess or slight excess of the legal speed limit. If slight, then additional indicia of reliability are necessary to support the reasonableness of the officer's visual estimate." In Sowards, the court found an officer's visual estimation that a car was traveling 75 m.p.h. in a 70 m.p.h. zone to be a "slight excess" requiring additional indicia of reliability.

In Nice, the Court of Appeal reasoned that the evidence was closer to the "significant excess" end of the spectrum and the officer’s visual observation did not need corroboration based on his extensive training and experience. Thus, the court found that the trial court did not err by denying the motion to suppress.

How to Apply this to a Speeding Ticket 

But, if your speeding ticket facts are closer to Soward, not Nice, you might consider asking an experienced traffic ticket attorney if a suppression motion should be made to contest the reasonableness of the traffic stop in your case.  A visual estimate of speed alone might not be sufficient evidence to give an officer a reasonable basis to stop a vehicle if the officer’s visual estimate is only a slight excess over the speed limit and is not corroborated by any other evidence.

Traffic Ticket Attorney 

 A suppression motion is a complicated motion. It is highly suggested that you hire an experienced  traffic ticket lawyer if you believe that a suppression motion might help your case.

Copyright @ 2016 Christine Esser 

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