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Old March 6th, 2007, 02:52 AM
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Default Re: If You Get A Speeding Tick Read This

In regards to the web site, a lot of the material there is very obsolete. The radars today all have RFI monitors built in which in turn exposes almost all vehicle shadows etc. In regards to training, that depends on each state, most of the questions listed will not work in court. Most of those will probably be objected to by the prosecution and you have to explain to the judge your reasoning for the question. This in turn can trip up your defense. In addition there are certain tricks officers can use against those questions and you would have no choice but re-do the question in completely different wordage and terms, this will be so ordered by the judge. What this does is end up making you redo the question to the point that your original question is thrown out the window. Of course all this would depend on the experience of the officer and if he is smart enough to use these defensive measures. However, in regards to radar, some really important questions that should be asked in your defense... 1. Officer, could you show me your radar log for the day in question and the logs prior and after the violation in question. 2. Officer, when did you calibrate your radar? (make sure you ask the time it was calibrated as well. You also want to see written documentation as to the tie of calibration. and see if the time was before or after your violation. If after, you can make a motion to dismiss as it has to be done prior. You should never have the same calibration time on more then lcitation. Each citation should have its own calibration time as its supposed to be calibrated after each violation. Most tickets today should have a box somewhere where it will say something like calibration... there should be a time listed.. if not.. you have an opening to attack the accuracy of the reading (This is supposed to be done each time he turns it on or sets up) If he runs radar at location X at 2;30pm then moves to location Y at 3;00pm. The radar has to be re calibrated again each time he moves and sets up. It doesn't matter if you have a straiaht level road or not. That question and answer is dumb and uneducated. The only thing flat and straight does, is, it gives the radar more distance and being able to hit you farther down the road. a hilly road or a curvy road will only cut down on the distance to the target. So disregard this question in the context it gives. What you should do, is question the officer as to the distance of where the target car was hit by the beam. and have him show you a diagram as to where the radar lst hits the vehicle. This will vary with each vechile, do to a variety of factors, of which I don't have enough time right now.. but density, weight, size, etc are some of the biggies. #3, Officer, please show me your training certificate... Most judges will accept the certificate no matter what the date listed on it.. This is a weak question, but doesn't hurt to throw it in. It doesn't matter if an officer from the same dept. trains him. Most departmentss have FTOs (Field Training Officers) today and they are ussually certified by the state after attending a very intense training course. Good FTOs will have enough records etc to blow this question and your dirction right out the window. The best way to beat a speeding ticket is when you go to trial, the officer fails to show. However, in most cases the prosecutor will ask for a continuance and has a good chance of receiving it. Depends on the Officers excuse. but this is probably your strongest chance of beating it. There is a lot more I just don't have the space. Some of the questions are decent, but most are not strong enough or go in the right direction. Training is a biggiey, but most departements today know that and see that their officers get the training. Most radars today like I said have RFI components on them. #4 (BIG) ask to see the department annual calibration certification for each radar that department uses over say the last several years and its current one. Each radar, laser, etc HAS to be checked, calibrated, tested, and certified by a State Liciensed Company once each year. What you are looking for is a), was his unit annualy certified. what was the date, see if it was done prior to your ticket or after, what was the results and readings? This is a very big question and you could win your case just on this question alone.... also the officer doesn't have to appear at your initial arraingment on the charge, only if you plead not guilty and go to trial..... Then if he doesn't show up you have a chance.... 1 other real big question. Ask to see the maintenance records for that particular Radar/laer unit. If there were any problems, work done, or repairs made to it at any time, then it has to be re-certified by State Licensed Company after each repair or at any time it was worked on prior to it going back into service. This is another very BIG question which you can win your case on by itself. Hope these help.

Oh well, got carried away
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just some ideas Mac

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