Can a Police Officer Turn His Lights Off and Sit to Wait for Speeding Traffic Violators?
Full Question:
Answer:
A police offficer does not have to advertise their position, so it is not illegal for an officer to have their lights off before pulling someone over. If certain defects are contained in the summons and complaint, the case may be subject to jurisdictional attack. Failure to provide notice of points on the traffic infraction penalty notice will not affect the validity of initial charging or court case disposition, however may be used by the defendant to invalidate points for DMV suspension, revocation or denial or may be used by the defendant as a collateral attack in a driving under restraint criminal charge subsequently brought.
Some of the commonly used defenses include a problem with the traffic engineer's survey, signage (notice), equipment malfunction or improper usage, or the credentials or credibility of the law enforcement officer or setup, operation and use of speed measurement equipment.
For further discussion, please see:
http://www.expertlaw.com/library/traffic_tickets/speeding_ticket.html
http://www.speeding-tickets-colorado-springs.com/#Speeding-Info-6
http://criminal.lawyers.com/traffic-violations/Defenses-to-Speeding-Violations.html