Can a Police Officer Write You a Speeding Ticket if You Are Following Them?

Have you ever followed a police officer while driving and wondered if they can still give you a speeding ticket? The answer is yes, they can, and in some cases, it may even be easier for them to do so. This article explores the complexities of speed enforcement and the legal standards police must meet to issue a citation.

True Stories of Following Police Cars

I once received a speeding ticket while driving northbound on Interstate 15 in San Diego. I was traveling at the speed limit in my semi-truck when a sheriff’s car passed me. I increased my speed slightly and maintained a distance. When he took an exit, I continued straight and slowed down to the speed limit. I kept an eye on my mirrors, and eventually, the sheriff’s car came down the on-ramp behind me with lights flashing and siren blaring, but he didn’t pass me that time.

Another occasion involved following a Houston police officer at over 100 mph from Corsicana to The Woodlands. He slowed to 85 mph, but once I turned on my headlights, he moved over to follow me at over 80 mph. He exited I-45 at the 288 freeway exit and I slowed down to the posted limit. He drove to headquarters, and no one stopped me, and he seemed fine with my velocity. He was in a fully equipped marked patrol car.

That particular trip was the shortest time out of the hundreds of trips I’ve made from Fort Worth to Freeport. Despite this, the officer had no issue issuing a ticket, proving that following a police car at speed can lead to a citation.

How Police Determine Speed

Policemen have methods beyond just pacers to determine your speed. One reliable technique is the use of radar guns. Some agencies have installed radar detection devices in their rearview mirrors, allowing officers to watch their speedometers for instant speed updates. This technology is accurate enough to ensure that an officer can immediately know if a driver is speeding.

While some believe they can speed by following a police car, this is not a guaranteed safety net. Officers can determine approximate speeds based on their own speed and the relative speed of the other vehicle. For instance, if the officer is driving 65 mph and another car is pulling away at a relative speed of 20 mph, the officer can reasonably infer that the other car is going at least 85 mph.

The Legal Standard: Probable Cause

The standard for making an arrest or issuing a ticket is "probable cause." If an officer believes you were probably speeding, they can write you a ticket regardless of how they determined your speed. This can be based on various factors, such as pacing, relative speeds, and visual estimations.

In many cases, officers use pacing to confirm a driver's speed. If, for example, an officer is driving at 65 mph and sees another car pulling away at a relative speed of 20 mph, they can confidently assume that the other car is traveling at least 85 mph. This information can be officially recorded in their cruiser and used in court.

When challenged in court, the officer would need to explain how they arrived at their determination of speed. This is why officers sometimes give breaks or relax standards to avoid potential legal challenges. For instance, if an officer is reasonably certain you were driving at 80 mph but not completely sure, they might write a ticket for 75 mph to avoid a potential legal fight.

Conclusion

Following a police car does not guarantee that you'll avoid a speeding ticket. While some officers may allow you to continue driving ahead of them, others may use the opportunity to determine your speed through pacing or other means. Understanding the role of probable cause and the methods police use to enforce speed limits can help you stay informed and drive safely.