Pro Se Appellant Drives Off With Victory!

Today a pro se appellant got his speeding conviction reversed due to insufficient evidence.

At trial, "[t]he officer testified that he had been trained in visually estimating the speed of vehicles and had received certification of the ability to make estimates within 5 miles per hour of the actual speed. He said that he had estimated the speed of Estes’ vehicle at 65 miles per hour, 10 miles per hour over the speed limit."

The magistrate found that the officer’s testimony was proof beyond a reasonable doubt that the driver was speeding. The Court of Appeals disagreed, writing:

"Although the officer implied that he met a certification standard requiring that he be able to make estimations falling within 5 miles per hour of the actual speed, he did not testify as to the required accuracy rate. That is, he did not disclose whether certification required that he be able to meet that 5-mile-per-hour variance standard 65 percent of the time or 99 percent of the time, nor what his actual rate was. An accuracy frequency approaching 100 percent would give far greater support to a finding of guilt beyond a reasonable doubt than would a substantially lower accuracy rate. Here, the trial evidence is void of any information at all on the officer’s accuracy rate. In addition, the State produced no evidence of the distance between the officer’s location and Estes’ vehicle when the officer made his estimation, the angle of his view, or how long he observed the vehicle before reaching his conclusion. We do not hold, as some courts apparently have, that an officer’s estimate can never be sufficient to prove a speeding infraction. We hold only that on this evidentiary record, and given that the difference between the estimated speed and the speed limit in this case was not great, the State failed to prove beyond a reasonable doubt that Estes’ vehicle was travelling above the speed limit." (Emphasis added.)

Congratulations to Mr. Estes for his perseverance and for a job well done!

State v. Estes, http://www.isc.idaho.gov/opinions/Estes,%20David.pdf