Is this some kind of entrapment?

Question

I was driving home last night - it was late (for me - I was coming home from a late night at work at 9:00 PM) and I just wanted to get home.

There's a road close to my house - about 2 miles - that's sort of a speed trap - it's a rural road that has a 35 MPH limit - but they get a ton of people going 50 or more on the road because its. well, rural.

last night I admit I was not paying attention - I got onto this road and was thinking about other stuff, I was tired, i was listening to the radio, and I gauged my speed based on a car that was directly in front of me. I kept my distance, I did not tailgate, but I went his speed without looking at what it was. Turns out (according to the cop) it was 52 in a 35.

I got pulled over - and the car in front of me pulled over and put his flashers on.

Was I careless? Yes, of course. Was I speeding? Yes. Guilty? Yes. But - I think the police were deliberately exploiting the natural tendency of drivers to gauge their speed based on the car in front of them - I can't prove anything nor do I want to ... in fact, I was let off with a warning.

I'm wondering if this warning was pre-determined - that the cops were trying to lure me into a situation where I'd naturally screw up, then warn me to watch my step - knowing that a summons wouldn't stick under the circumstances.

Any opinions out there? Has this happened to you? Just seems a little contrived to me. Also wondering what might have happened if I had gotten a ticket.

Answer 1

That's alot of work for a warning -exploiting natural tendancies and driving fast to "entrap" someone and all.



Here is the legal definition of entrapment

http://www.lectlaw.com/def/e024.htm



Entrapment does not apply here.

As a driver, it is your responsibility to ensure you are going the speed limit. Going with the flow of traffic, regardless of how you word it, has never been an accepted defense.



Consider yourself lucky it was a warning.

Answer 2

Entrapment is if the police try to get you to do something you wouldn't normally do. If this was any other car, you probably would be doing the same thing. It doesn't matter whether you knew it was a cop car or not - you were speeding.



If you get pulled over and try to argue "I was just going with the flow of traffic", it's not going to work. Sure, they could've been exploiting your tendency to gauge speed off of the car in front of you, but cars constantly fly around me in traffic and I don't keep up with the flow of traffic, because I don't want to speed. Other people get stopped, but I don't. See? I'm obeying the speed limit.



I think you answered if this was "entrapment" by stating that drivers have a "natural tendency" to do it - therefore, it's not entrapment. If an officer ran you off the road and pulled you over for reckless driving, that'd be a different story. You didn't have to go the speed he was going, but you chose to.



Controversial? Sure, but it happens. No different than a cop sitting on the side of the road with his lights off, or a cop following you until you make a mistake.

Answer 3

In some locals there are laws that say how speed limits must be set. Scour the local records to find out if the limit was modified for any reason on that stretch. If it was, mention that in court and you might get out of the ticket.

Answer 4

Wow! I read this question expecting to have to talk some whiny person into taking a little responsibility- but this really does sound kind of underhanded. I doubt that a judge would agree with us, but I think you are right.

Answer 5

Speed traps, DUI checks etc. are never illegal.