If You Get A Speeding Tick Read This

[Atrocities]

Using information gleemed from THIS WEB SITE I was able to beat a speeding ticket today. Since the officers did not appear, I was unable to cross them and the judge dismissed my case. The info on the linked too site might come in handy to you and if it does, my job is done. It helped me to win my case and I hope it can help you.

[PvK]

Yep, I've seen (in a major urban traffic court, anyway) the officer fail to appear in almost any case that isn't serious (i.e. only moderate speeding). However one needs to contest the ticket - i.e. check the box on the ticket that says that you didn't do it. I once checked the box saying I merely wanted to explain the circumstances, and then the officer's notes are enough, and the judge generally isn't allowed to do more than reduce the fine.

PvK

[mac5732]

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

[Atrocities]

I recall reading that heavy rain played a part in having a ticket dismissed once because it effected the radar. Mac have you any info on this?

[mac5732]

AT, rain just cuts way down on the distance, it shouldn't affect the readings, just won't give you a reading until they are almost on top of you. same with snow. The RFI components lock out all those old excuses today like rubbing on dashboard, keying mike, etc. It you key a walky talky or mike, sometimes the radio will screech but doesn't really affect the readings anymore like they used to. at least the new types within say the last 8-10 yrs or so. The older units are probably still affected unless they've been converted. part of the testing now for radars is the RFI tests, all units must be tested for this and it has to be documented and it should be tested on the unit each time you use it. , its also part of the annual certification process. But again, as to rain, not really. however, one thing that may or may not affect it, is if you aim the unit at a metal sign for any length of time, but that'll just burn the unit out, where yrs ago, it would give a false reading in some units. Also l good thing to remember, radar, laser (except for hand helds) will usually always pick up the larger target, so if your on an interstate, if your behind, next to or directly in front of a Semi, it should pick the semi up 1st instead of you, until you are almost on top of the radar unit. same with on a local road, but don't always count on that, it depends on how close you are to the larger vehicle. A question to alwasy ask in court, is,.. does your unit have an RFI button, component etc and ask if he had tested it before running the unit. If so, any false reading or whatever, will set it off, and it makes a loud noise so the officer knows. Also ask if the sound was turned on on the radar unit. The radar will pick up the acceleration of the target vehicle. You can tell if he is speeding up or slowing down, sometimes you get the sound before the beam actually hits the target. This lets the officer zero in on that particular vehicle. So its not always the beam hitting you that makes the officer aim the radar at your vechile. Just hope you slowed down before the beam hits, once it hits your car he can lock it in or if he hears you accelerating, let go for a higher reading and and then lock it in. Best way to beat radar is don't speed. You can usually do 5-8 miles over the speed limit without being stopped, most depts. give 9 before they'll stop you except in a school zone. (i'd go 5 or 6 but no higher to be safe ) The highway patrol will probably give you 5, anything over and your dead meat or if your in a construction zone. They are tough on speeders. In regards to the sound, if the officer had it off, it gives you a slight chance to attack, not the accuracy but the target especially if there is a number of cars on the road at the same time. These are some of the reasons depts are going to hand held radars and lasers. With these they aim them directly at a specific vehicle for a reading, hand helds are a lot tougher to beat in court for this reason. Whereas car radars shoot a beam that widens with distance and narrows the closer you get to it. BUT, hand helds can be dangerous for the officer. If its on and he puts it face down on his leg or body for periods of time, it can cause cancer. This is part of their training with handhelds, and is one drawback for the officer. He has to be careful where he puts it when its on. this does not affect the targets, only if you put it down directly on your body and does not affect other drivers.
there i go again, i'm just long winded...

[Gandalf Parker]

We all know that those white signs with the numbers is NOT the fastest you can go. In reality, its the SLOWEST you can go without being honked at and finger waved.

I used to enjoy going 5 slower than the speed limit just because I supposed to be able to if I was in the mood. But I dont do that anymore because (A) Im too old and just come across as the grey-haired geezer stereotype and (B) because in California you can get a ticket for going slower than other traffic even if they are all going faster than the speed limit.

But I do still get a kick out of driving right AT the speed limit and daring anyone to say anything about it.

Gandalf Parker

[Atrocities]

The last ticket I got before this last one was back in 90. The officer used a stationary radar unit while he was moving. He said I was doing 50 in a 25. I beat the ticket because the officer didn't show up in court and I asked the judge why he was using a stationary Unit while being mobile and would that affect the reading? The judge dismissed it. Since then they have gone to lasers, rapid radar, and even photo radar/laser equipment.