Ticket Advice

[cheater]

I left for my 9:30 class at about 9 today and I'm driving and all of a sudden my radar goes off and I immediately break out of natural reaction. There is a motorcycle cop coming from the opposite direction on this one lane road. He then turns on his lights and makes a u-turn. First of all I would like to state that there is no posted speed limit on the stretch of the road. I was very polite to the officer and he immediately started writing my ticket. I asked him if I could see the radar and he refused over and over until he admitted that he didn't have a locked in radar and that he saw that I was doing 45 in a 30. He said legally he does not have to show the radar. I've been told otherwise from numerous people. I have made an appointment with my lawyer because I do not need my insurance to increase(already have 4 points on license). Does anybody have any advice or know if legally the officer has to show the radar? Thanks

[Dan M]

Must be different in Florida... in Ohio if there's no sign you should assume 55mph limit.

[Nicklz]

In wv no sign in city limits = 25mph, no sign out of city limits 45 or 55.

I always say fight the ticket, worse case scenario is you pay the ticket and $50 or so for court fees.
The cost of the ticket/court fees is virtually nothing to the higher premiums you'll pay for the next 3 or 4 years on insurance!

[1DangerousV6]

yes..ALWAYS fight the ticket..never plead guilty..in NY if there is no posted speed limit then it is the state maximum (65 mph) ..of course if you're on some back curvy dirt road or something they can write you a ticket for driving too fast for conditions..the cop doesnt have to show the radar..and most of them just clear it anyway..he doesnt even have to have a radar..they are trained to tell how fast you are going just by sight..however..it is extremely difficuly to do this if he is driving and coming from the other direction instead of just sitting on the side of the road..i would argue that..and also the fact that he first told you he had you on radar..then finally admitted he didnt..sounds fishy..good luck!

[cheater]

anybody know about the radar thing?

[Nicklz]

Did you admit or say you were going a certain speed?

He could use that against you in court...

It is the officer's job IN COURT to prove you were speeding. (innocent until proven guilty) You have the upper hand in this case, ecspecially since he can't produce proof you were speeding.

I've personally fought several speeding tickets, all of them were dismissed. In this case, I'd question the cop about time of day, weather conditions, posted speed limit, how fast he was traveling, curvature of road, etc. Any of this he doesn't answer correctly or accurately, your favor.

I personally wouldn't "judge" the officer maybe throw in "everyone makes mistakes, only human" and throw in factual findings on the internet about vision accuracy and how surroundings such as heat, dust, light/shade all alter accuracy of vision.

disclaimer-- Nicklz is not a lawyer, do whatever your lawyer suggests you do, unless your cheap and don't wanna pay a lawyer. Then nicklz still doesn't accepty liability or responsibility for your legal escape [img]tongue.gif[/img]

Good luck

[98goldbird]

The officer has to show you the radar if you ask to see it. It is your job to ask to see the radar/laser readout. If you don't, or didn't, then [img]graemlins/slap.gif[/img] . But in your case, you did.

Here's what I would do in your case...

When an officer pulls you over, they have to turn on the camera in their car, and a voice recorder on their belt. This is for security/safety purposes. Therefore, your conversation with him was recorded. I would subpeona that tape and have it played in court, and then demonstrate to the judge the officer's mistake. ALSO...big point. FINES ARE BASED ON THE DIFFERENCE IN SPEED! The amount you pay for going 45 is different than the amount you pay for going 44 (15mph over is classified under a different penalty than anything under 15mph). Therefore, there is NO WAY that the officer can say you were going 45 EXACTLY, and therefore no way that the judge can write you for 15 over, because it could have been 44, which is 14 over and under a different fine section. Inconclusive evidence, therefore, case dismissed.

[1DangerousV6]

the fine will be more..but insurance companies usually only care about 16 mph and over anyway..they wont increase it much for 15 mph and under..but of course i would obviously still fight it..and unfortunately..not all police cars have cameras and/or recorders in them..trust me..im not proud of it but i've been in enough of them..take Nicklz's advice and remember that much of this fight lies in YOUR facts in addition to HIS bullsh*t

[cheater]

Thanks Nicklz..No I did not admit to anything and this was a motorcycle cop not a cruiser. There is a $30 difference between 14 over and 15 over. This may be why I got the ticket for doing 45...

[1DangerousV6]

yup..once i even had a cop write a ticket for 81 instead of just a rounded off 80 so it would be considered 16 mph and over..@sshole

[mjparme]

Whether an officer has to show you the radar I suppose to could vary by jurisdicition, although I have never heard of a jurisdiction that requires it.

As far as I have researched (not an expert though, do your own) an officer having to show you the radar gun is an urban legend.