Author Topic: Question for the police out there...  (Read 4318 times)

Offline Serenity

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Question for the police out there...
« on: December 26, 2009, 05:00:09 PM »
... I was just pulled over for a speeding ticket. I do NOT intend to fight the fact that I was speeding. I was, that is inexcusable, and I must own up to it. However, I know beyond a shadow of a doubt the speed was WRONG. I was clocked at 83MPH in a 55MPH zone. The distance the officer claimed to have made the shot from was 753ft. At the time I was clocked, I was being PASSED by three other vehicles, a light green Prius, a new shiney (Metalic) blue Honda Civic, and a third car I could not clearly see, though it was a black sedan. I was in the far left lane of a three lane highway, and the Prius and Civic were in the middle lane, the black sedan on the far right. The officer was parked on the far right side of the highway, and I could only see him for a second before he was obscured by the three cars passing me. (Though they were passing me, they were slamming on their brakes, as the civic almost hit the prius). My point of contention was that I do not believe the officer was gunning me. There were three other cars between us moving faster than I was.

My evidence is, well, weak. The best I have to go by is my word, and the word of a passenger, that those cars were there. I do not have any moving violations or previous arrests, nor does my passenger. In addition, I have my vehicle. It's a 1999 Suzuki Station Wagon. It is NOT a speed demon, and the road was uphill. I know for a fact my vehicle cannot reach 80MPH going uphill, even with the accelerator fully depressed, and overdrive off (The condition in which the vehicle obtains it's maximum speed and acceleration). My passenger and I both looked at my speedometer as soon as we saw the officer's car, because I do have a tendency to speed, though again, that's usually no more than 60MPH in a 55MPH zone. We both saw my speed to be 65MPH on the dot. Also, at speeds of over 60MPH, my steering column begins to shake violently, as does the rest of the car, so I would KNOW if I was going 83MPH. I would be praying for my own survival, as the car is barely in one piece as it is.

So basically, the officer wants to hit me with an excessive speeding charge. I disagree. I will own up to speed, pay the fine, do community service, whatever is requested. I broke the law, I am responsible for the results. However, the Excessive Speeding charge is, well, excessive. I was NOT doing 83MPH and I COULD NOT have been doing 83MPH in those conditions. I do not also feel the officer could have accurately hit MY vehicle, three lanes away from him with three other vehicles in between and in startlingly close proximity to myself from 753ft, ESPECIALLY if I really HAD been moving 83MPH.

In the end, I guess I am asking for advice on contesting the speed itself.

Offline Treize69

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Re: Question for the police out there...
« Reply #1 on: December 26, 2009, 05:04:10 PM »
You won't win it. You can fight the ticket, but unless you really take it all the way fighting the speed and get them to admit the cops dashcam as evidence (which probably wouldn't help you anyway, as most aren't attached to the radar gun and won't show what he saw, just what his car was pointed at), you'll never get a judge to take your word on it. Most likely you'll just tick him/her off into thinking you're trying to weasel out of a more serious offense by pretending to be cooperative.

I'd still talk to a lawyer who specializes in traffic law, but you're pretty much screwed.
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Offline fudgums

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Re: Question for the police out there...
« Reply #2 on: December 26, 2009, 05:05:02 PM »
I was clocked at 83MPH in a 55MPH zone. 

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Offline fudgums

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Re: Question for the police out there...
« Reply #3 on: December 26, 2009, 05:06:09 PM »
Board lag double post
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Offline Chalenge

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Re: Question for the police out there...
« Reply #4 on: December 26, 2009, 05:10:52 PM »
Some radars only deliver information on the fastest or slowest vehicle in the pack. In cases where the officer has one of those radars he cant be sure except through his experience and judgment which vehicle is the one he is after.

Fighting and winning is going to take more bucks than its worth but you might win it with an expensive lawyer... then again you might also lose with an expensive lawyer.
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Offline Serenity

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Re: Question for the police out there...
« Reply #5 on: December 26, 2009, 05:35:35 PM »
Some radars only deliver information on the fastest or slowest vehicle in the pack. In cases where the officer has one of those radars he cant be sure except through his experience and judgment which vehicle is the one he is after.

Fighting and winning is going to take more bucks than its worth but you might win it with an expensive lawyer... then again you might also lose with an expensive lawyer.

My one hope is that recently the Hawaii Supreme Court overturned an almost identical case because the officer was unable to prove the device was effective and properly used.

Offline 2ADoc

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Re: Question for the police out there...
« Reply #6 on: December 26, 2009, 05:41:11 PM »
Ask to see the Records for the Radar in question.  THey will have to bring it in, and see when it was callibrated last.  If its calibtaion is not up to date then you are clear, if it is, ask them to tune it, and take the A flat tuning fork that you took in with you and tap it when they try to tune it.  It will go nuts.  It worked for me a few years ago.
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Offline Serenity

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Re: Question for the police out there...
« Reply #7 on: December 26, 2009, 05:43:40 PM »
Ask to see the Records for the Radar in question.  THey will have to bring it in, and see when it was callibrated last.  If its calibtaion is not up to date then you are clear, if it is, ask them to tune it, and take the A flat tuning fork that you took in with you and tap it when they try to tune it.  It will go nuts.  It worked for me a few years ago.

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Offline Tec

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Re: Question for the police out there...
« Reply #8 on: December 26, 2009, 05:45:23 PM »
Can't hurt to fight it.  Go to court, tell your story, say you want to see the film from the dash cam.
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Offline Jayhawk

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Re: Question for the police out there...
« Reply #9 on: December 26, 2009, 05:57:35 PM »
I would guess the thing you have to deal with here is whether fighting for principal out weights the cost of the fight.

But there are people who know much more about this process than I, I'll be following this thread to see how it plays out.
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Offline Boxman

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Re: Question for the police out there...
« Reply #10 on: December 26, 2009, 06:11:42 PM »
Plead not guilty. Go in to court. They will not throw it out, but will agree to knock it down a level just to save time in court.

This is the drill and it always works.

Offline 2ADoc

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Re: Question for the police out there...
« Reply #11 on: December 26, 2009, 06:25:08 PM »
Never been stopped by a lazer, Well except the Green ones that usually are followed by a bang.   :bolt:
Takeoffs are optional, landings aren't
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Offline Masherbrum

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Re: Question for the police out there...
« Reply #12 on: December 26, 2009, 06:35:59 PM »
Plead not guilty. Go in to court. They will not throw it out, but will agree to knock it down a level just to save time in court.

This is the drill and it always works
.

The hell it does.   
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Offline 2ADoc

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Re: Question for the police out there...
« Reply #13 on: December 26, 2009, 06:43:44 PM »
THere is always the Pay off the judge, and Bribe the cop approach. :bolt:
Takeoffs are optional, landings aren't
Vini Vedi Velcro
See Rule 4, 13, 14.

Offline 100Coogn

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Re: Question for the police out there...
« Reply #14 on: December 26, 2009, 06:53:08 PM »
The hell it does.   

 :lol  Not for me either.   :lol
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