CHP has LIDAR
#63
928 Barrister
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Oh alright, I just ate and can't sleep anyway for awhile because of it.
First, the usual points should be remembered, some of them obvious. You are only accused of a crime, not guilty, when issued a citation. Both the issuing officer and the officer using the gun must appear in court or you walk. Assuming they do, another given is the certification of the gun and the operator; as most know, it must be current, performed correctly, and acceptable proof of both must be presented at the trial. Just because some officer says it is so, doesn't make it so. Check hearsay laws in your state. Use discovery procedures to pry open the state's case and you may be surprised how weak it really is. If discovery is ignored, use a motion to compel; if that is not allowed, great. It is then appeal time. But you must be diligent and timely.
I know this sounds like a simplification, and it is, but each case is different so I generalize.
If some Smokey nails you, spend a few minutes recording somehow in writing (I use a small palm tape recorder) the details of the stop; before, during, (including any conversation no matter how seemingly petty, between the officer and youself), and after. Write down everything that was said, where you first observed the officer and his vehicle's location relative to yours, and then what happened. Every detail including conditions and description of other vehicles on the road with you when it happened. If you happen to have a small digital camera with you, take photos of the site, including the nearest speed limit sign BEFORE you were stopped and record how far it is from the point the officer claims you were observed violating the "law"(If you are in Ohio, this is particularly true)Remember that traffic signs must comply with the laws and be placed legally because it is the number on that sign and its appearance that is also the foundation for his charge. I have been known to return to the site and measure the entire distance from when first observed to when stopped, and drawn a map. Just a sketch will do, so long as it can be made legible. You may be surprised to learn what the officer claims happened is IMPOSSIBLE and it will give you a chance to use your knowledge of Physics. It may **** you off even more too, so beware.
Now the best part: the speed law you are accused of violating. Be aware that many interstates and many secondary highways are now NOT complying with the MUTCD and Congressional mandates to set limits according to sound engineering practices. I have a letter from one of the supervising traffic engineers of one state (you would not believe which one) acknowledging that state does not perform traffic and engineering studies AT ALL on any of the freeways or highways anywhere in the state.....CONTRARY to federal law. The limits are set illegally and capriciously. In California, the situation seems to vary from county to county, but many are not performed at all or at the whim of the Caltrans officials in a particular area, CONTRARY to federal law. How can you violate a law that has no legal foundation for its existence? If you get stopped and can document this situation, meaning discovery producing proof of non-compliance with federal law, call me please. But you must be prepared for a minimum two year battle and prepared to appeal to Federal court (no big deal, just some time to get there). The trend now is states individually ignoring the MUTCD and setting limits contrary to it. It will get worse as states continue to need money.
Two final suggestions: If you're hit with laser, stand on your brakes instantly. The officer will see you are slowing. What? You think you never exceeded the limit and then, realizing it, slowed to compliance levels? Why do you have a speedometer in your car? It is doubtful you should see the officer before he nails you, so depend on your V-1 or other detector, but get on the brakes immediately. (Remenber that he/she doesn't know you have detected his laser beam, unless he is plainly standing in the middle of the road in front of you.) The reason is obvious. Heaven forbid you would want to violate a speed law, right? So you applied your brakes when you realized it; isn't that what he wants?(sheesh! what a crock!) Second suggestion: your demeanor in the company of the officer makes an enormous difference as to whether you drive off with a citation or not. This is not the time for wising off. This should be a given. You don't want him to remember a thing about the stop and pissing him off will destroy that objective big time. He already hates your guts for driving a superior machine; why make it worse. Be polite and respectful and save your arguments for court, unless he invites your opinion. But in that case, keep it just that: an opinion and no more forceful than that. Try to remember that he could be the one who saves your okole the next time you travel that road. And try also to remember that he may not even know fully the applicable law in your case, or he may have made a simple error, perhaps because he was not properly trained or prepared. Save your rancor for court properly directed toward a commitment to expose the insult to your intelligence that was likely this incident. Also remember that officers make mistakes, as do doctors, attorneys, engineers, etc. All pros and all prone to emotional error. Find it and expose it and you walk.
Time for moi moi. (yawn)
Last edited by Ron_H; 06-14-2010 at 01:22 PM.
#64
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Ron? Did you get out of jail? Or do they have Internet there nowadays?
I didn't post bail for you, because I thought it would keep our roads safer... sorry!
I didn't post bail for you, because I thought it would keep our roads safer... sorry!
#65
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Thanks Ron!
I got off with a warning this time- by heeding your advice to not be a smart-***. Or, maybe he just felt generous at that moment. I don't know...but all your suggestions make sense, so thanks again..
Steve
I got off with a warning this time- by heeding your advice to not be a smart-***. Or, maybe he just felt generous at that moment. I don't know...but all your suggestions make sense, so thanks again..
Steve
#67
Under the Lift
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I haven't had a front plate on my daily driver for 20 years. Plenty of stops with never a comment. Parked it for 20 minutes in Berkeley and the metermaid got me for no front plate. Paid the $25 fine. I still don't have a front plate mounted. I just don't park the car in Berkeley anymore.
#69
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I didn't have a front plate on eithe the 81 or the 84.
Then I got stopped and he noticed there was no front plate.
Telling the cop that the plate holder was a very expensive part from Porsche didn't help me. Here in Oregon it is a $30 fine.
The judge mentioned that I should get the plate holder from Ebay or craigslist and remember to put it on.
Then I got stopped and he noticed there was no front plate.
Telling the cop that the plate holder was a very expensive part from Porsche didn't help me. Here in Oregon it is a $30 fine.
The judge mentioned that I should get the plate holder from Ebay or craigslist and remember to put it on.
#70
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I got another one pending right now.
I'd rather she have the money then the revenue collectors.
#72
Burning Brakes
A couple of years ago, we did a PCA tour with a stop at the plaza in downtown Sonoma. I parked on the street, but most of the group parked in the muni parking lot behind the square. Every single Porsche without a front license plate in the muni lot got ticketed. Missed me on the street.
James
James