Speeding Ticket Issues

[Wilmotrogers]

Had a handful of speeding tickets over the years. One of the last times, I was pulled over with Vascar (sp?). My father spoke to an attorney he was close with. Apparently, the only way to get out of one of those was to ask when the unit was last calibrated. Not sure if a radar gun is the same way - perhaps another member can shed light on that. However, before I even had a chance to ask the question in court (plead not guilty) - the officer approached me and asked if I would plead guilty to a lesser charge ( I was caught going around 25pmh over the limit, he let me plead down to 14). I later wondered if the gun hadn't been calibrated but I was not cavalier enough at 18 to ask him that when he was letting me plead guilty to a lesser charge.

Had another run in a few years later and (per the recommendation of a state trooper I met) - I approached the arresting officer prior to the judge entering the court. He let me go on the 24mph violation, and gave me 10mph over. Big deal when you consider the ramifications of points, insurance, etc.

My $.02 - find out if there is a requirement if the gun needs to be calibrated, and then approach the officer before hand asking for leniency. I was told most troopers appreciate this as they do not like to have their time wasted - and I cannot blame them.

[Exbiker]

Yes the gun needs to be calibrated and the LEO needs to be certified to operate it but that isn`t for a roadside debate, it`s for a hearing before a magistrate. I doubt a PSP is going to slip up and not testify to that. Deals are made many times between the defendant and the LEO at the time of the hearing.

[TaePo]

Don't forget that radar does not have pinpoint accuracy either. So if your caught in a group of cars, they cannot claim they singled your vehicle out.

My brother got outta one this way. He used to do some racing on jetskis and radar can give you instantaneous speed readout, if you can isolate the boat/rider of interest.

[Steve in PA]

Not sure about RADAR, since us lowly local LEO's are not allowed to use it...........

But the other methods, VASCAR and ROBIC (not sure about ENRAD since we don't have it) are certified every 60 days. There is a book which contains the certifications that the company who does the calibrations, sends to us.

With VASCAR, the officer should do a calibration before using the device.

[Steve in PA]

Steve...just playing devil's advocate here.....what stops a LEO from just making crap us as they go along?

Lets just say...the next red car gets a speeding ticket?

just wondering.....

What's stopping the LEO? Nothing.

[Frenchy]

Not sure about here, but in Quebec the only thing you say to the officer at the site of the ticket is "Thank you"/

Once in court you can try to defend your self and usually win.

Question usually asked while in court,

1. How many cars of the same model/color as mine did you whiteness going XXX speed?
2. Where there any larger cars on the road?
3. Did you inspect my car/vehicle on the scene?
4. How far was my car stopped from you radar position?

The reason police are so willing to give you a rebate on Radar, is these question (at least in Quebec) have been shown to be fatal then asked.

The reasons for these questions are simple:

1. How many cars of the same model/color as mine did you whiteness going XXX speed? / As a general rule, cars flow in groups, there may be more then one car of the same type and or color making it hard for any one to actually say any specific car was actually traveling faster then any other given car in that group.
2. Where there any larger cars on the road? / Radar will pick out the larger vehicle in the group IE: trucks, Bus, Large pickups...
3. Did you inspect my car/vehicle on the scene? / This one is the most damning of all.
4. How far from your radar position was my car stopped? / The shorter the better, but if only one car is at the radar station the question would rise to how did the police car reach the speeding car?

Instance of Questions:
#1. By law, you have to look both ways before you can merge or pull out into traffic. The police car must be visible to the driver from his position driving on the road.
Part of the ticket and Radar instructions say the radar must be calibrated by a "certified" user with a tuning fork. The officer must have a visual on the car from the time he picks him up on radar to the time he makes the stop.

Impossible to do as the car is already passed the radar station and the officer by law has to look for a break in traffic to pull out. Looking into traffic to get a break in traffic makes it that the police officer has to drop his visual on the speeding car.

#2 larger cars have more surface to be caught by radar. A smaller can could be traveling at a slower speed yet pulled over because the larger car behind him was speeding.

#3 although the officer might be "certified" as a radar calibrating agent, he is most likely not a mechanic, any lose part of the car can cause the radar to show a bad reading, IE: fender flapping in the wind, License plate lose fluttering in the wind, jumping brakes, ( a common thing is Mercury in a tube)

#4 stopping very close to the radar station/car can show there was no actual speeding yet if the car is further, the question arises how did the police car intercept the speeding car as the only way he could possibly do this even at normal speeds is to "speed" himself to reach the other car to be intercepted. Although every one knows police officers will speed to get to the car, by law police must follow the same traffic laws as regular cars.
IE: if a car passes the police car at 55MPH, and the speed is 55MPH on this road, by the time to police cruiser would reach the car and be able to intercept him he would have to go above and beyond 55MPH, otherwise he would be behind him and never catch up!

More often then not, the police will not "remember" you specifically from other drivers if you did not argue with him, it is no skin off his noze if you win your cause. If you however gave him reason to remember you, argued with him, put him on the spot on the road, he will definately remember you and this helps his cause much more then any thing you could say as the Judge may not have given you the ticket, but will definately force the ticket on you for arguing... No judge likes people who argue.