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alex
MINI Motorer
Joined: August/12/04
Location: United States
Status: Offline
Points: 6
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Topic: Speeding Tickets Posted: February/21/05 at 4:01pm |
Anyone know about fighting tickets? Here are the facts: officer parked on private property using radar. He would not show me the radar gun speed when asked. He claims 37mph in a 25 zone. Any ideas? Thank you
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Dave
PSMINI Expert Advisor
PSMINI Member
Joined: September/06/04
Location: United States
Status: Offline
Points: 966
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Posted: February/22/05 at 12:45am |
Subpoena the radar calibration data (was this local police or WASP?) just in case there's a slip up by the police dept (they can't convict if the radar gun's calibration isn't up to date). Also subpoena the police department for their policy on calibration. Interesting point about private property - when you say private can would you be more specific (there's a lot of difference in property that any member of the public can reasonably expect to have access to like a grocery store parking lot versus a private driveway).
Do challenge in court (ie don't admit guilt).
Be prepared to call the police officer to testify. Often they'll choose not to show. Depending on the jurisdiction that's grounds for dismissal.
If you have a perfect record then there's also the potential for requesting a deferral of findings which means that the ticket is set aside and if you don't re-offend in 12 months ensuing it is expunged.
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MotorinFool
PSMINI Member
Joined: August/12/04
Location: United States
Status: Offline
Points: 64
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Posted: February/22/05 at 1:15am |
Dave is right, most departments are supposed to show you the radar if you ask, make sure you tell the judge that when you contest the ticket. BTW, its 6 months in Pierce County, im not sure about other areas......
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Dave
PSMINI Expert Advisor
PSMINI Member
Joined: September/06/04
Location: United States
Status: Offline
Points: 966
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Posted: February/22/05 at 1:52am |
By the way it's relatively easy to write subpoenas - you don't need a lawyer. If I think of it later in the day I'll post an example for you.
ps - I've never had a speeding ticket - at least not one that stuck
Edited by Dave
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RevKibosh
MINI Motorer
PSMINI Nonmember
Joined: August/14/04
Location: Ballard
Status: Offline
Points: 841
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Posted: February/22/05 at 10:01am |
also subpoena the state's/county's expert on radar guns (this probably
falls under Dave's "policy on radar calibration")... usually either the
expert or the officer won't show up and then the ticket gets thrown
out... however, if you got pulled over in Bellevue all bets are off...
I have heard that they train their officers to cover all of the ticket
loop holes...
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2004 BRG MCS - Gone
--Grant and Kylee
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alex
MINI Motorer
Joined: August/12/04
Location: United States
Status: Offline
Points: 6
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Posted: February/23/05 at 8:26am |
Dave, Thank you for your imput. The private property was a resident private driveway. I do have a perfect driving record and this was in Lynnwood.
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SNARL
MINI Motorer
Joined: August/21/04
Location: United States
Status: Offline
Points: 190
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Posted: February/23/05 at 1:25pm |
If you really want to fight it, the key is to go to court. If
your officer can't make it you win. I don't think you have
anything to lose by going to court. It is your right, but it's up
to you. There is no reason the officer shouldn't show you the reading. Any chance you were doing 37?
Edited by SNARL
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Scream if you want to go faster!
2004 MCS JCW
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alex
MINI Motorer
Joined: August/12/04
Location: United States
Status: Offline
Points: 6
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Posted: February/24/05 at 4:01pm |
Snarl, At first the officer said 35mph then changed to 37mph when he brought the ticket back from his car. I don't feel i was going that fast.
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Dave
PSMINI Expert Advisor
PSMINI Member
Joined: September/06/04
Location: United States
Status: Offline
Points: 966
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Posted: February/25/05 at 5:24am |
alex wrote:
Dave, Thank you for your imput. The private property was a resident private driveway. I do have a perfect driving record and this was in Lynnwood. |
Ask the property owner if the police officer was trespassing (he was if he didn't have permission from the owner) - I'm assuming that this was a single unit dwelling. If it was an apartment complex that's a harder argument. Even if he was trespassing it doesn't directly effect the charge but it may be worth introducing. On this point you would need to seek professional advice.
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Guests
MINI Motorer
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Posted: August/18/05 at 2:19am |
everytime i got a speeding ticket i took it to court and i still have a clean driving record. gotta love the old judges
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