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Cherry busted by Laser!!!

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Old 11-23-2004, 05:33 PM
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Malibusteve
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Default Cherry busted by Laser!!!

5 am, misting, dark, running 75 in 55 mph. V1 screams laser. Busted.
Officer politely informs me of my speed and requests basic info: License,
reg., and proof of insurance. I ask "laser at night in the rain how does that
work?" . He replies "easy, aim at the headlight(s) and note the speed displayed on the gun." I asked to see the reading, he replies "No". Issues ticket and
moves on.

In search of any legal advice........ first encounter with laser gun.

Thanks and Happy T-Day to All!!!
Old 11-23-2004, 05:40 PM
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Randy M
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I have no advice but imo you had every right to see the display on his gun. I wonder why he denied you.
Old 11-23-2004, 05:56 PM
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Chicken****. 75mph in a 55mph zone?
Old 11-23-2004, 06:25 PM
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TheOtherEric
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Was it in Illinois? Since when to IL cops use laser? Oh crap!

Anyway, spend a couple hundred for a lawyer and get out of it, or you can take the defensive driving school over the internet, which will keep the points off your record.
Old 11-23-2004, 06:33 PM
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slant911
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Someone years ago told me that you have every right to see the reading on any radar gun and that if the officer does not show it to you make sure that is noted on the ticket. Not sure what the legal strategy is, but, a lawyer told me this. Luckily I haven't had to "use" this piece of info yet...
Old 11-23-2004, 07:36 PM
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fbfisher
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If you were in CA, I would suggest "Trial By Declaration" as the first measure. Also, look up the vehicle code for the actual infraction. "Exceeding the posted limit" is a significantly different offense than "Violating the Basic Speed Law" here in CA and much easier to fight.
Old 11-23-2004, 07:49 PM
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Chuck A.
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Many years ago, I asked to see the reading on a radar gun when issued a ticket. The officer refused. When I insisted he needs to denote that on the ticket, he finally agreed to let me see it. The number on the gun was 7 MPH LESS than the ticket he wrote me. He refused to change the ticket or write down the actually speed because he said he clocked me "three times" and was noting the highest speed.

I went to court and attempted to get the ticket dismissed due to falsification. The judge didn't want to hear any of it. In addition, the cop lied on the stand, stating he wrote down the number on the unit. My experience (in NJ) is that if they want your money, they're going to get it.
Old 11-23-2004, 07:57 PM
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Mark in Baltimore
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Clocked you three times, Chuck? Sounds about right...if you were going 40 mph.

Not all cops are sneaky but some are. I've run into one who lied in court against me. Nice.
Old 11-23-2004, 07:58 PM
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Malibusteve
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Chuck, That's what I'm afraid of............ My V1 went off 2x's......... I don't think he got a solid lock
hence the second attempt, at which time I was hard on the brakes........ Trust me if it was dry my speed would have been much greater........ but in the wet and dark....during DEER season, here in Illinois 75 is fast enough....... Insisted that I had a right to see the gun since it is the only evidence that justifies the ticket. No explanation........ have a good day sir and on his way.

Yes. Illinois cops are using Laser. Here in Central Ill. almost all of the State Trooper and most locals
have such equipment. What a drag.. .... Anyone had any experience with the Bel Laser Diffuser???
Old 11-23-2004, 10:15 PM
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Malibusteve
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FYI........ In IL the interpretation of the law during a traffic violation involving speeding is as follows:

It is considered a "crime scene" and technically the driver is under arrest and released via bond by posting a bond card, cash equal to the fine or his/her driver's license. Since it is a crime scene the
officer at his discretion is in control of what the arrestee is allowed to do (i.e. leave the car or not). Most officers are against people leaving their cars........hence not looky at the evidence/laser gun.
Old 11-24-2004, 02:44 AM
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24FPS
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i'd try & fight it..... IF you did not admit to exceeding the limit. pulled ya over b/c you were a porsche passerby...
Old 11-24-2004, 10:42 AM
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I agree w/ Malibu Steve, traffic stops, especially at night, are rightly viewed as being dangerous for officers. I am an attorney in Wisconsin and have asked to view radar readings and been refused twice before. I really think it is a safety issue. If you do contest a speeding ticket, make sure you get as much information as you can about the machine being used and its proper operation. If officer needs training find out if he/she is current and if machines need to be calibrated or verified find out if that is current. Knowledge and preparation can go a long way in either trying a traffic case or cutting a deal you can live with.
Old 11-24-2004, 11:29 AM
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wombat7
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I tried to use the Porsche passerby defense, but the judge didn't want to hear it. I'm 20, I drive a 944, the cop followed me for about 5 miles just waiting for me to do something wrong. The speed limit sign on the road I turned onto was hidden by trees. The road I turned off of was 40, the road at the other end was 40, but this one miraculously was 30.... He pulled me over came up to my window and his first words were "I knew this had to be some kind of test." I was also form out of state. The judge didn't want to hear any of that... like someone else said... if they want your money they will get it
Old 11-24-2004, 12:03 PM
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Rick Lee
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Fight it, fight it, fight! Never surrender! Even if you lose in court, the state has instantly lost money on you the second you walk in there. Don't let them get away with this. I fight every ticket and almost always get some kind of reduction.
Old 11-24-2004, 12:50 PM
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Sachin Misra
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Get the Escort SRX. In the 2 years that I've had it, I have been clocked by Laser 4 times...never got a ticket. It shows an error on the cop's display. It is perfectly legal in IL.


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