Speeding ticket advice (long and in 3 separate parts)
02-24-2003, 12:40 AM
#1
Race Director
Thread Starter
Speeding ticket advice (long and in 3 separate parts)
I had posted in another thread that I have had some luck beating speeding tickets. Several people emailed me asking for a follow-up, so here it is. I have researched this over a long period of time both online, in books, and talking to friends and family members in law enforcement and legal professions. I should probably write a book and get rich so I can afford a 993TT, but what the heck, I enjoy helping fellow enthusiasts out, and information yearns to be free anyway. <img border="0" title="" alt="[Wink]" src="wink.gif" />
[Disclaimer, I'm not a lawyer and some of this info may or may not be California specific. Also, I do have a lot of respect for law enforcement. However, some laws are unfair. Many of our driving laws are lowest common denominator based and are unfair to skilled drivers in vehicles with high dynamic capabilities, and IMO insurance companies shaft us on premiums out of proportion to the actual offense. If you feel it's unethical to get out of speeding tickets and should just suck it up and pay them if caught, then good for you, read no further.]
Part One: What do I do when I get pulled over?
Before getting pulled over, spend a little time with Google learning how radar guns and laser guns work. Learn just how inaccurate radar is, and how and why even the slightest twitch or bump gives a laser gun an error of as much as 8 mph.
If the lights come on behind you, signal and pull over as soon as practical. Turn off the engine, roll down the window and keep both hands on the wheel. Don't rummage around trying to find your insurance card or whatever. The cop has no idea if it's your car or if you are an armed felon who just stole it. Think in terms of making him as relaxed as possible.
Be respectful. I don't care if he's 24 and you're a CEO in your 60's, call him sir. This is not normal life, you need to reassure the power hierarchy here. Stay calm, be friendly, and DON'T act guilty or make any excuses, they rarely if ever work.
If the cop asks you if you know why he pulled you over, say no. (technically, you don't at this point.) If he asks if you know how fast you were going ALWAYS SAY YES. Say you were keeping up with the flow of traffic at about the posted speed limit. (This may be tough to say if you were tearing around a deserted road at 3x the posted limit. Believe me I know.) But if you say you don't know, you just admitted you have no way to contradict whatever he chooses to say, and he will probably remember you saying this if this makes it to court, and then it's over, you lose.
Let the cop do his job and cooperate, but respectfully ask how he knows you were speeding. If radar or laser, ask if you can see the readout in his car. Ask when his unit was last calibrated, and how exactly it was calibrated. Ask where exactly he clocked you. Ask if he clocked you personally or if another officer did. Sometimes, if you ask these types of questions a savvy cop will realize you have every intention of fighting it and will decide it's not worth the hassle and give you a warning instead.
Take some notes on his answers and other details before you pull away.
Next, Part Two, the paper battle.
[Disclaimer, I'm not a lawyer and some of this info may or may not be California specific. Also, I do have a lot of respect for law enforcement. However, some laws are unfair. Many of our driving laws are lowest common denominator based and are unfair to skilled drivers in vehicles with high dynamic capabilities, and IMO insurance companies shaft us on premiums out of proportion to the actual offense. If you feel it's unethical to get out of speeding tickets and should just suck it up and pay them if caught, then good for you, read no further.]
Part One: What do I do when I get pulled over?
Before getting pulled over, spend a little time with Google learning how radar guns and laser guns work. Learn just how inaccurate radar is, and how and why even the slightest twitch or bump gives a laser gun an error of as much as 8 mph.
If the lights come on behind you, signal and pull over as soon as practical. Turn off the engine, roll down the window and keep both hands on the wheel. Don't rummage around trying to find your insurance card or whatever. The cop has no idea if it's your car or if you are an armed felon who just stole it. Think in terms of making him as relaxed as possible.
Be respectful. I don't care if he's 24 and you're a CEO in your 60's, call him sir. This is not normal life, you need to reassure the power hierarchy here. Stay calm, be friendly, and DON'T act guilty or make any excuses, they rarely if ever work.
If the cop asks you if you know why he pulled you over, say no. (technically, you don't at this point.) If he asks if you know how fast you were going ALWAYS SAY YES. Say you were keeping up with the flow of traffic at about the posted speed limit. (This may be tough to say if you were tearing around a deserted road at 3x the posted limit. Believe me I know.) But if you say you don't know, you just admitted you have no way to contradict whatever he chooses to say, and he will probably remember you saying this if this makes it to court, and then it's over, you lose.
Let the cop do his job and cooperate, but respectfully ask how he knows you were speeding. If radar or laser, ask if you can see the readout in his car. Ask when his unit was last calibrated, and how exactly it was calibrated. Ask where exactly he clocked you. Ask if he clocked you personally or if another officer did. Sometimes, if you ask these types of questions a savvy cop will realize you have every intention of fighting it and will decide it's not worth the hassle and give you a warning instead.
Take some notes on his answers and other details before you pull away.
Next, Part Two, the paper battle.
02-24-2003, 12:49 AM
#2
Race Director
Thread Starter
Part Two: OK, I just got a ticket.
First, make sure you understand exactly what a "ticket" is. It is a promise to appear in court. When you "pay your ticket," you are really posting a bail payment. You then don't schedule or show up for you court date, and you default on your bail.
OK, now reschedule your court date. Hurry! There is some minimum number of days ahead of time you are allowed to do this. This will give you some breathing room. You need to do this in person or by fax after calling.
Then, request a Trial by Written Declaration, the court (and it's website) has the form. This allows you to write down your side of the story, submit pictures, etc. This is really good if you are apt to get nervous in court.
Best part: if you lose, you get to say you don't accept the ruling and ask for the real trial you were going to have to go to anyway! It's like getting 2 chances for free. Also, you get to request a copy of the officer's declaration, so you get his side of the story and can prepare for it. If he says something in court that contradicts what he wrote, point it out to the judge and you win your case.
Just as good part: The officer has to submit his declaration on his own time, with no extra pay. There's a good chance that he won't submit anything. If so, you win. For an in-person court date, they get paid overtime for a very easy day hanging out with their buddies, or, they get to sit in court, on the clock, with their buddies instead of being out in the streets. Some cops probably love to show up to court dates.
If you can come up with a good story on why he clocked you incorrectly, you will win the Trial by Written Declaration. But if you lose, schedule a court date. Dress nice and be respectful. Write down whatever questions
you plan to ask on cross examination ahead of time so you don't zone out or get too nervous. MAKE SURE TO REQUEST A DIFFERENT JUDGE THAN THE ONE WHO RULED ON THE WRITTEN DECLARATION! You don't want the guy who already ruled against you. Sometimes this puts you into a different court house. If so, there is less chance the cop will show up. If he doesn't show, you win.
If he does show up, and you feel you have no chance to win or suddenly get cold feet, request a motion up front, saying that you feel that you don't have a fair chance to win, and to save the court's time, you will offer to plead no contest in exchange for permission to take Driver's Ed in lieu of the ticket. You can request this even if you took Driver's Ed last week. The 18 month minimum interval is something the judge can overrule (and probably he doesn't know or care when you last took it.) With Driver's Ed, the court gets to keep the bail you paid, AND they often get a licensing kickback from the school, so they may want you to do this.
Remember, going in for the trial is no worse than just paying a ticket, you have nothing to lose.
Next: Part 3, some sample cross-examination questions.
First, make sure you understand exactly what a "ticket" is. It is a promise to appear in court. When you "pay your ticket," you are really posting a bail payment. You then don't schedule or show up for you court date, and you default on your bail.
OK, now reschedule your court date. Hurry! There is some minimum number of days ahead of time you are allowed to do this. This will give you some breathing room. You need to do this in person or by fax after calling.
Then, request a Trial by Written Declaration, the court (and it's website) has the form. This allows you to write down your side of the story, submit pictures, etc. This is really good if you are apt to get nervous in court.
Best part: if you lose, you get to say you don't accept the ruling and ask for the real trial you were going to have to go to anyway! It's like getting 2 chances for free. Also, you get to request a copy of the officer's declaration, so you get his side of the story and can prepare for it. If he says something in court that contradicts what he wrote, point it out to the judge and you win your case.
Just as good part: The officer has to submit his declaration on his own time, with no extra pay. There's a good chance that he won't submit anything. If so, you win. For an in-person court date, they get paid overtime for a very easy day hanging out with their buddies, or, they get to sit in court, on the clock, with their buddies instead of being out in the streets. Some cops probably love to show up to court dates.
If you can come up with a good story on why he clocked you incorrectly, you will win the Trial by Written Declaration. But if you lose, schedule a court date. Dress nice and be respectful. Write down whatever questions
you plan to ask on cross examination ahead of time so you don't zone out or get too nervous. MAKE SURE TO REQUEST A DIFFERENT JUDGE THAN THE ONE WHO RULED ON THE WRITTEN DECLARATION! You don't want the guy who already ruled against you. Sometimes this puts you into a different court house. If so, there is less chance the cop will show up. If he doesn't show, you win.
If he does show up, and you feel you have no chance to win or suddenly get cold feet, request a motion up front, saying that you feel that you don't have a fair chance to win, and to save the court's time, you will offer to plead no contest in exchange for permission to take Driver's Ed in lieu of the ticket. You can request this even if you took Driver's Ed last week. The 18 month minimum interval is something the judge can overrule (and probably he doesn't know or care when you last took it.) With Driver's Ed, the court gets to keep the bail you paid, AND they often get a licensing kickback from the school, so they may want you to do this.
Remember, going in for the trial is no worse than just paying a ticket, you have nothing to lose.
Next: Part 3, some sample cross-examination questions.
02-24-2003, 01:22 AM
#4
Race Director
Thread Starter
Part Three: Court script.
Below are my notes that I wrote in advance for my first court appearance. I knew I would be nervous so I wrote everything out.
----------------------------------------------
Citation number xxxxxxx
CHP Officer xxxxxx
CHP Officer xxxxxx
Date: n/n/n
Time: 8:05 AM
Location: Hwy 17, south of summit.
Weather: clear and sunny
Road condition: Dry
Traffic: Heavy, morning rush hour
Last minute motion:
Are both officers here?
If not, motion to dismiss due to lack of prosecution.
If that doesn't work:
Officer will speak his Testimony:
Is he reading notes?
"Objection your honor, the witness is clearly reading written notes, and he has not laid the proper foundation for the use of writing under Evidence Code section 771 or 1237. He has not testified as to whether he needs the notes to refresh his recollection. Since I have the right to inspect any writing that the officer will use or has used under those sections, I ask the court to instruct the witness to show me the writing while he lays the proper foundation."
If the judge says give them back:
"Your Honor, I have a right to see if the witness has an independent recollection without these notes."
If the judge coaches the officer too much:
"Objection Your honor, with all due respect, it appears that the court is assuming the role of prosecutor in conducting the direct examination of the witness, which is prohibited by California Supreme Court ruling in People vs. Carlucci (1979) 23 cal.3d 249,259. Also, and with all due repect, the court is also asking improper leading questions on direct examination. I again ask the court to instruct the witness to lay proper foundation for the use of writing."
(When he mentions his radar, remember that the officer may not testify about radar or visual estimate until he introduces into evidence a certified copy of an engineering and traffic survey.)
"Your honor, I object to the introduction of radar testimony on the grounds that Officer xxxxx has failed to lay the foundation by providing an engineering and traffic survey as required by section 40803 (b) of the vehicle code.
(I can insist that it be produced. Prosecution should have come prepared. It's a hardship to come back again.)
Did the officer say “his” vehicle instead of “a” vehicle?
"Objection your honor, this testimony assumes facts that the officer has not testified to. There is no evidence before this court as to who was driving the vehicle the officer claims to have seen, and the officer could not possibly has knowledge of a vehicle he sees traveling down the road. I drive a red 2 door coupe, that description fits literally dozens of daily commuters on Hwy 17. I ask that his testimony not be considered."
Now I get to ask questions:
Where were you when you saw my vehicle?
Where was my vehicle when you first saw it?
Was your vehicle moving?
Was your engine on or off?
Did you turn on your lights? Did you use your 2 way radio?
Was there any other traffic on the road other than my vehicle?
Did you ticket me during morning rush hour?
(All of the above to make a point that perhaps he was too busy to get a good reading)
Do you consider yourself to have fairly well developed powers of observation and memory for details regarding weather and road conditions?
What were the weather conditions?
Was the road dry?
Was visibility good?
Was I passing any other vehicles?
(if no) Then I was traveling about the same speed as other traffic?
Which lane was I in?
How many vehicles were in my lane?
How many vehicles were in the other lane?
Can you describe what model cars I passed?
How fast was the flow of traffic?
How many lanes in each direction?
(If he gets even one questions wrong, it casts doubt.)
Isn’t it true that there is a dividing barrier that minimizes collisions with traffic in the opposite direction?
Was that section of road flat or on a hill?
Isn’t it true that the primary traffic flow on Hwy 17 on weekday mornings is northbound?
Isn’t it true that traffic is much lighter, and therefore faster, southbound on Hwy 17?
(All above conditions make radar less accurate or more likely to actually clock someone else accidently.)
What brand radar unit did you use?
Does your radar unit have a control that allows you to lock in the target vehicle speed?
Did you show me the reading? (he didn't)
Why not?
Can you describe how speed determining radar works? (make sure I can)
Is it true that delicate and sensitive instruments like your radar must be carefully calibrated on a regular basis to be accurate? (they do per mfg.)
Did you calibrate your unit immediately before or after measuring my claimed speed? (doubtful)
How exactly did you calibrate it?
If no tuning fork:
Does that mean that you didn’t use a tuning fork?
Doesn’t your radar’s manufacturer recommend calibration with tuning fork? (all do)
Isn’t a tuning fork certified as accurate by a testing lab, more accurate than using internal electronics which may be faulty or inaccurate? (obviously yes, even per mfg)
If tuning fork:
What was the certified speed of the tuning fork used?
Isn’t it true that tuning fork checked accuracy at one speed is not a guarantee of accuracy at another speed?
When was that tuning fork last calibrated by an independent certifying lab?
Do you have that certificate of accuracy for that particular fork?
What is the maximum range of your radar unit?
What is the beam width of your radar in degrees? (not feet or lanes)
(Beam width (in feet) = 17.4 X max distance (in thousands) X beam width (in degrees))
So at maximum range, it’s safe to say that the beam width can be several hundred feet? (yes)
Isn’t that much wider than one lane of traffic?
In fact, isn’t that wide enough to reflect off of other vehicles, traveling either way, or even hillsides and barriers?
When you point your radar at a target, isn’t it true that the units antenna can pick up signals anywhere within its maximum range? (yes)
Did you know that often, the strongest signal is not necessarily the closest, especially with something as small as my car? (also true per mfg)
Do you know what a harmonic frequency is?
Are you aware that harmonic frequencies from nearby signals such as ham radio or CB units and cell phones can and do cause false radar readings?
(All above to question radar accuracy)
When you estimated my vehicle’s speed, were you first observing my vehicle, or were you looking at your radar display?
(if Vehicle)
So you already assumed I was speeding before you even looked at your radar?
(if Radar)
So you already formed an opinion of my speed before even looking up at my vehicle?
(Other officer radioed it in)
So you already had an opinion of my speed based on the other officer’s opinion, and “decided that I must be speeding?”
(all above to question his objectivity)
Could a completely untrained person use your radar?
Could you describe the training you received?
How long ago was the training?
How long did it last?
Was it conducted by a salesperson for the device?
Did you get supervised hands-on instruction out on the road?
(Heck, maybe he didn't)
Now I take the stand and give my Testimony:
"I was pulled over at the summit of Hwy 17 Northbound during my daily morning commute. The CHP officer claimed to have clocked me via radar at 80 mph. While verifying my paperwork, another officer stopped and the two officers briefly spoke. Then the other officer left. At this point the officer claimed that actually he had clocked me at 65 mph, and that another officer clocked me at 80 mph. At this point I asked to see his radar screen. The office claimed that he had already cleared it. When I asked to see the other officer’s screen, he denied my request saying that he was sure that the other officer already cleared it by now too. I was issued a citation showing a speed of “65+”.
My concerns are as follows:
I was allegedly clocked at 2 significantly different speeds within a very short stretch of road.
I was unable to see either officer’s radar to verify any reading.
The traffic was typical heavy 8:00 AM rush hour traffic. Driving a small car makes me a very small and notoriously unreliable traffic radar target.
The section of Hwy 17 Northbound south of the summit where the alleged incident took place is very twisty. It is highly unlikely that either officer could get radar “lock” at a reasonable angle. According to the web sites of several traffic radar manufacturers, traffic radar is inaccurate when the target is going around a curve due to cosine error.
Having my alleged speed written on the ticket as “65+” instead of a specific number clearly shows that my speed was in some question.
The officer also made the following comment: “I know you saw me, why didn’t you slow down?” The answer is that I was traveling at a safe and reasonable speed within traffic, and saw no need to slow down.
The officer was very polite and professional. I appreciate that he has a job to do. Perhaps due to the car I drive I fit some “profile” of a reckless driver. Pursuant to this theory Officer xxxxx also mentioned how many of “you racers” get hurt in the area.
However, I believe that considering the facts I mention here, it was highly unlikely if not impossible that an ACCURATE determination of my speed was made.
Cross examination of Officer xxxxx has shown that there is substantial and compelling reason to believe that there is reasonable doubt about my guilt.
(If notes were used or he missed ANY questions):
The officer has also demonstrated a poor recollection of the events, and has been unable to contradict any evidence that I have stated, raising a reasonable doubt about my guilt.
Based on these facts I respectfully request that I be found not guilty.
Thank you."
------------------------------------------
Below are my notes that I wrote in advance for my first court appearance. I knew I would be nervous so I wrote everything out.
----------------------------------------------
Citation number xxxxxxx
CHP Officer xxxxxx
CHP Officer xxxxxx
Date: n/n/n
Time: 8:05 AM
Location: Hwy 17, south of summit.
Weather: clear and sunny
Road condition: Dry
Traffic: Heavy, morning rush hour
Last minute motion:
Are both officers here?
If not, motion to dismiss due to lack of prosecution.
If that doesn't work:
Officer will speak his Testimony:
Is he reading notes?
"Objection your honor, the witness is clearly reading written notes, and he has not laid the proper foundation for the use of writing under Evidence Code section 771 or 1237. He has not testified as to whether he needs the notes to refresh his recollection. Since I have the right to inspect any writing that the officer will use or has used under those sections, I ask the court to instruct the witness to show me the writing while he lays the proper foundation."
If the judge says give them back:
"Your Honor, I have a right to see if the witness has an independent recollection without these notes."
If the judge coaches the officer too much:
"Objection Your honor, with all due respect, it appears that the court is assuming the role of prosecutor in conducting the direct examination of the witness, which is prohibited by California Supreme Court ruling in People vs. Carlucci (1979) 23 cal.3d 249,259. Also, and with all due repect, the court is also asking improper leading questions on direct examination. I again ask the court to instruct the witness to lay proper foundation for the use of writing."
(When he mentions his radar, remember that the officer may not testify about radar or visual estimate until he introduces into evidence a certified copy of an engineering and traffic survey.)
"Your honor, I object to the introduction of radar testimony on the grounds that Officer xxxxx has failed to lay the foundation by providing an engineering and traffic survey as required by section 40803 (b) of the vehicle code.
(I can insist that it be produced. Prosecution should have come prepared. It's a hardship to come back again.)
Did the officer say “his” vehicle instead of “a” vehicle?
"Objection your honor, this testimony assumes facts that the officer has not testified to. There is no evidence before this court as to who was driving the vehicle the officer claims to have seen, and the officer could not possibly has knowledge of a vehicle he sees traveling down the road. I drive a red 2 door coupe, that description fits literally dozens of daily commuters on Hwy 17. I ask that his testimony not be considered."
Now I get to ask questions:
Where were you when you saw my vehicle?
Where was my vehicle when you first saw it?
Was your vehicle moving?
Was your engine on or off?
Did you turn on your lights? Did you use your 2 way radio?
Was there any other traffic on the road other than my vehicle?
Did you ticket me during morning rush hour?
(All of the above to make a point that perhaps he was too busy to get a good reading)
Do you consider yourself to have fairly well developed powers of observation and memory for details regarding weather and road conditions?
What were the weather conditions?
Was the road dry?
Was visibility good?
Was I passing any other vehicles?
(if no) Then I was traveling about the same speed as other traffic?
Which lane was I in?
How many vehicles were in my lane?
How many vehicles were in the other lane?
Can you describe what model cars I passed?
How fast was the flow of traffic?
How many lanes in each direction?
(If he gets even one questions wrong, it casts doubt.)
Isn’t it true that there is a dividing barrier that minimizes collisions with traffic in the opposite direction?
Was that section of road flat or on a hill?
Isn’t it true that the primary traffic flow on Hwy 17 on weekday mornings is northbound?
Isn’t it true that traffic is much lighter, and therefore faster, southbound on Hwy 17?
(All above conditions make radar less accurate or more likely to actually clock someone else accidently.)
What brand radar unit did you use?
Does your radar unit have a control that allows you to lock in the target vehicle speed?
Did you show me the reading? (he didn't)
Why not?
Can you describe how speed determining radar works? (make sure I can)
Is it true that delicate and sensitive instruments like your radar must be carefully calibrated on a regular basis to be accurate? (they do per mfg.)
Did you calibrate your unit immediately before or after measuring my claimed speed? (doubtful)
How exactly did you calibrate it?
If no tuning fork:
Does that mean that you didn’t use a tuning fork?
Doesn’t your radar’s manufacturer recommend calibration with tuning fork? (all do)
Isn’t a tuning fork certified as accurate by a testing lab, more accurate than using internal electronics which may be faulty or inaccurate? (obviously yes, even per mfg)
If tuning fork:
What was the certified speed of the tuning fork used?
Isn’t it true that tuning fork checked accuracy at one speed is not a guarantee of accuracy at another speed?
When was that tuning fork last calibrated by an independent certifying lab?
Do you have that certificate of accuracy for that particular fork?
What is the maximum range of your radar unit?
What is the beam width of your radar in degrees? (not feet or lanes)
(Beam width (in feet) = 17.4 X max distance (in thousands) X beam width (in degrees))
So at maximum range, it’s safe to say that the beam width can be several hundred feet? (yes)
Isn’t that much wider than one lane of traffic?
In fact, isn’t that wide enough to reflect off of other vehicles, traveling either way, or even hillsides and barriers?
When you point your radar at a target, isn’t it true that the units antenna can pick up signals anywhere within its maximum range? (yes)
Did you know that often, the strongest signal is not necessarily the closest, especially with something as small as my car? (also true per mfg)
Do you know what a harmonic frequency is?
Are you aware that harmonic frequencies from nearby signals such as ham radio or CB units and cell phones can and do cause false radar readings?
(All above to question radar accuracy)
When you estimated my vehicle’s speed, were you first observing my vehicle, or were you looking at your radar display?
(if Vehicle)
So you already assumed I was speeding before you even looked at your radar?
(if Radar)
So you already formed an opinion of my speed before even looking up at my vehicle?
(Other officer radioed it in)
So you already had an opinion of my speed based on the other officer’s opinion, and “decided that I must be speeding?”
(all above to question his objectivity)
Could a completely untrained person use your radar?
Could you describe the training you received?
How long ago was the training?
How long did it last?
Was it conducted by a salesperson for the device?
Did you get supervised hands-on instruction out on the road?
(Heck, maybe he didn't)
Now I take the stand and give my Testimony:
"I was pulled over at the summit of Hwy 17 Northbound during my daily morning commute. The CHP officer claimed to have clocked me via radar at 80 mph. While verifying my paperwork, another officer stopped and the two officers briefly spoke. Then the other officer left. At this point the officer claimed that actually he had clocked me at 65 mph, and that another officer clocked me at 80 mph. At this point I asked to see his radar screen. The office claimed that he had already cleared it. When I asked to see the other officer’s screen, he denied my request saying that he was sure that the other officer already cleared it by now too. I was issued a citation showing a speed of “65+”.
My concerns are as follows:
I was allegedly clocked at 2 significantly different speeds within a very short stretch of road.
I was unable to see either officer’s radar to verify any reading.
The traffic was typical heavy 8:00 AM rush hour traffic. Driving a small car makes me a very small and notoriously unreliable traffic radar target.
The section of Hwy 17 Northbound south of the summit where the alleged incident took place is very twisty. It is highly unlikely that either officer could get radar “lock” at a reasonable angle. According to the web sites of several traffic radar manufacturers, traffic radar is inaccurate when the target is going around a curve due to cosine error.
Having my alleged speed written on the ticket as “65+” instead of a specific number clearly shows that my speed was in some question.
The officer also made the following comment: “I know you saw me, why didn’t you slow down?” The answer is that I was traveling at a safe and reasonable speed within traffic, and saw no need to slow down.
The officer was very polite and professional. I appreciate that he has a job to do. Perhaps due to the car I drive I fit some “profile” of a reckless driver. Pursuant to this theory Officer xxxxx also mentioned how many of “you racers” get hurt in the area.
However, I believe that considering the facts I mention here, it was highly unlikely if not impossible that an ACCURATE determination of my speed was made.
Cross examination of Officer xxxxx has shown that there is substantial and compelling reason to believe that there is reasonable doubt about my guilt.
(If notes were used or he missed ANY questions):
The officer has also demonstrated a poor recollection of the events, and has been unable to contradict any evidence that I have stated, raising a reasonable doubt about my guilt.
Based on these facts I respectfully request that I be found not guilty.
Thank you."
------------------------------------------
02-24-2003, 01:27 AM
#5
Race Director
Thread Starter
OK, I think my carpal tunnel syndrome just came back. <img border="0" title="" alt="[Wink]" src="wink.gif" />
So does any of this crap work? I have gotten 3 tickets in the past 2 years, and have beat all three of them. Only once did I need to show up in court (the one in the court script above) and only one officer showed up, so I made the motion as written above and it was dismissed immediately.
If this works for anyone, I'm partial to single malt scotch. <img border="0" title="" alt="[Wink]" src="wink.gif" />
Enjoy,
So does any of this crap work? I have gotten 3 tickets in the past 2 years, and have beat all three of them. Only once did I need to show up in court (the one in the court script above) and only one officer showed up, so I made the motion as written above and it was dismissed immediately.
If this works for anyone, I'm partial to single malt scotch. <img border="0" title="" alt="[Wink]" src="wink.gif" />
Enjoy,
02-24-2003, 01:54 AM
#6
Rennlist Member
Peter,
Thanks for taking the time to write your pointers out and to share it with us. Very helpful, especially the trial by written declaration. Never knew I could do that, nor do I know if it applies in MD or any other state I'm likely to get a ticket in. I'm also not sure I would have the ***** to ask all of those questions of the judge or the officer. I'm thinking they would get pretty annoyed with me trying to act like I went to law school.
One preemptive maneuver you didn't mention that has helped me for over fifteen years is to request an expungement of your driving record with the DMV. In Maryland you have to be a good driver for two years before they will allow the expungement. Doesn't cost a penny to do.
Once you are approved, if you have to appear in court, there will be no infractions on your record and you can truthfully state that your record is clean and you would like for it to remain that way. Having received about seven tickets in fifteen years, I have only had one speeding ticket stick to my record and that was for a speeding ticket I got near Charlotte, North Carolina with a brand-new but faulty Passport 8500 that let me down, prompting my purchase of a V1. All of my other tickets have been in Maryland or Virginia and were fought successfully with the expungement method.
It even got me out of a possible DUI/reckless driving in my younger days (yes, I've reformed and am MUCH more sane now <img border="0" title="" alt="[Wink]" src="wink.gif" /> ) when a friend and I were chased out of a, ahem, gentlemen's club driving backwards out of the parking lot and literally almost ran into a county cop car that was patrolling the road to the club. Sitting in the police car, wondering how I was going to get the money to pay for the lawyer's fee to defend me in court, I was utterly amazed when the cops handed my license back to me, asked me to tell my story and eventually let my friend and I go. I firmly believe that the only reason I was let go was because when the cops radioed in for my record, dispatch told them that I had a completely clean driving record due to the expungement.
Thanks again, Peter!
Thanks for taking the time to write your pointers out and to share it with us. Very helpful, especially the trial by written declaration. Never knew I could do that, nor do I know if it applies in MD or any other state I'm likely to get a ticket in. I'm also not sure I would have the ***** to ask all of those questions of the judge or the officer. I'm thinking they would get pretty annoyed with me trying to act like I went to law school.
One preemptive maneuver you didn't mention that has helped me for over fifteen years is to request an expungement of your driving record with the DMV. In Maryland you have to be a good driver for two years before they will allow the expungement. Doesn't cost a penny to do.
Once you are approved, if you have to appear in court, there will be no infractions on your record and you can truthfully state that your record is clean and you would like for it to remain that way. Having received about seven tickets in fifteen years, I have only had one speeding ticket stick to my record and that was for a speeding ticket I got near Charlotte, North Carolina with a brand-new but faulty Passport 8500 that let me down, prompting my purchase of a V1. All of my other tickets have been in Maryland or Virginia and were fought successfully with the expungement method.
It even got me out of a possible DUI/reckless driving in my younger days (yes, I've reformed and am MUCH more sane now <img border="0" title="" alt="[Wink]" src="wink.gif" /> ) when a friend and I were chased out of a, ahem, gentlemen's club driving backwards out of the parking lot and literally almost ran into a county cop car that was patrolling the road to the club. Sitting in the police car, wondering how I was going to get the money to pay for the lawyer's fee to defend me in court, I was utterly amazed when the cops handed my license back to me, asked me to tell my story and eventually let my friend and I go. I firmly believe that the only reason I was let go was because when the cops radioed in for my record, dispatch told them that I had a completely clean driving record due to the expungement.
Thanks again, Peter!
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02-24-2003, 02:20 AM
#8
Racer
Join Date: Aug 2002
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I think PeterS's post should be "republished" at DYI section of <a href="http://www.p-car.com" target="_blank">www.p-car.com</a> web site!
Bravo Peter! Excellent information. Thanks a lot!
Bravo Peter! Excellent information. Thanks a lot!
02-24-2003, 12:06 PM
#13
Burning Brakes
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Peter how about being paced. I got a ticket and the officer paced me. 65 in a 45. It was at night and his lights were off until he decided to pull me over and then he turned his driving lights on and his patrol lights. In addition he wrote down the vehicle I was driving was Black when in fact it is dark blue. Not only that the Drivers License number is one digit off on the ticket. But the lawyer I have says that is no big deal because all of the Drivers license for my state start with the same number. And the number that he wrote down starts with a 7 not the usual 4. All of this sounds like a big deal to me and not to the lawyer. I think maybe I need a new lawyer. Any ideas on this?
02-24-2003, 12:53 PM
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Peter! Great! Thanks!
I do have one question, and I'll follow up with a Google search, but thought I'd see what you said as well:
Isn't the calculation on the beam width dependent upon the radar band? For example, X pretty much covers half the planet, K is tighter, Ka is tigher still, and Laser is something like 18" wide at a car at a reasonable distance.
Thoughts?
I do have one question, and I'll follow up with a Google search, but thought I'd see what you said as well:
Isn't the calculation on the beam width dependent upon the radar band? For example, X pretty much covers half the planet, K is tighter, Ka is tigher still, and Laser is something like 18" wide at a car at a reasonable distance.
Thoughts?
