bstfugtfomrfn

iTrader: (1)

In florida there are only 2 ways cops can catch you for speeding.

One is by pacing you (typically only works at night).
Two is by using radar/laser.

Without addressing the calibration issue, Im pretty sure if the LEO is going to use Radar laser, they HAVE TO BE STATIONARY.
(swear I read this in the Florida statutes, but now I cant find it....Now that I think about it, it might have been case law) Ill check NY statutes for you...


Sh*t bro, I just f'd around in the NY statutes (http://assembly.state.ny.us/leg/?cl=128&a=1) for like 30 minutes and couldnt find anything concerning an officers use of Radar speed-measuring devices; evidence, admissibility in the NY code. Ill look some more tomorrow at the office when I have the use of Westlaw.

~Aj

sicilianoNYC

im in GA not NY

Z's

Regardless, you must fight the ticket. Could even cost you more $$, but odds are in your favor that if it is not thrown out completely, they are reduced. The PO might not even show up, which happens in about 25% of cases.

bstfugtfomrfn

iTrader: (1)

Ok.. GA. My bro is an attorney in atl lol. Bryan M. Pulliam, LLC... my bros name is Ryan Johnson.

40-14-5.
(a) Each state, county, municipal, or campus law enforcement officer using a radar device shall test the device for accuracy and record and maintain the results of the test at the beginning and end of each duty tour. Each such test shall be made in accordance with the manufacturer´s recommended procedure. Any radar unit not meeting the manufacturer´s minimum accuracy requirements shall be removed from service and thereafter shall not be used by the state, county, municipal, or campus law enforcement agency until it has been serviced, calibrated, and recertified by a technician with the qualifications specified in Code Section 40-14-4.
(b) Each county, municipal, or campus law enforcement officer using a radar device shall notify each person against whom the officer intends to make a case based on the use of the radar device that the person has a right to request the officer to test the radar device for accuracy. The notice shall be given prior to the time a citation and complaint or ticket is issued against the person and, if requested to make a test, the officer shall test the radar device for accuracy. In the event the radar device does not meet the minimum accuracy requirements, the citation and complaint or ticket shall not be issued against the person, and the radar device shall be removed from service and thereafter shall not be used by the county, municipal, or campus law enforcement agency until it has been serviced, calibrated, and recertified by a technician with the qualifications specified in Code Section 40-14-4.

40-14-8.
(a) No county, city, or campus officer shall be allowed to make a case based on the use of any speed detection device, unless the speed of the vehicle exceeds the posted speed limit by more than ten miles per hour and no conviction shall be had thereon unless such speed is more than ten miles per hour above the posted speed limit.


Gah... This crap doesnt help much, ...so, Ill check some case law on the stationary issue.

~AJ

bstfugtfomrfn

iTrader: (1)

Ill get back to you monday bro.
~AJ

sicilianoNYC

thanks bro

palmerwmd

Always fight it even if you are guilty as sin.
The less $$ they make from tickets the less they will use this tool as a revenue generator.

Aside from that calibration has to be done at beginning of shift IAW a patrolman I know.
If not done = ticket not valid, He is in GA.

Fred..

sicilianoNYC

bstfugtfomrfn, any new news?

amallari

I would pesonally fight the ticket, if it's your first then they should throw it out. You probabaly pay just the clerk fees. That's in MD, not sure in NY!

bstansbu

iTrader: (1)

Good luck fighting the ticket. I may be wrong or may be I am reversed, but, I noticed you have 19" rims. What are your tire sizes. Maybe your speedo says 68mph but because you have a different diameter wheel than stock you are actually going 75mph. Can some one clear up this point please. BEN

ztinger

I say fight the ticket. Especially with the proof that his gun wasn't calibrated. Also, if he was using a radar gun (non-laser) then you could do the math to prove his inaccuracy of measuring your speed. A radar gun sends out a frequency, reads the bounce back frequency (which changes) and does one calculation. If he was moving and in the opposite direction of you, then his gun needs to know his speed and direction. If that is not programmed in (which I don't think it can be) then he gets a false reading. Look up Doppler Effect to understand more.

If he was using a laser then there is no way you can do the math (at least in a short period of time). A laser gun does thousands of measurements within a few seconds. Plus it doesn't matter if the guy was moving or stationary. But you can contest if he was using the laser accurately, for example: keeping it on your car only. That would be difficult while moving in the opposite direction.

Z-INCOGNITO

iTrader: (9)

can someone clarify on this...

... i got a ticket last dec. and the cop paced me (supposedly, no radar) going 79 in a 65 (but he only wrote down goin 75) . I told him "there's no way i was goin that fast (i was driving my beater=slow a$$), i was going 71 at most", then he said, "it's because of your aftermarket tires"... i was like. WTF?

anyways im goin to claim NOT GUILTY and fight it as well

Silver_Racer

Does your state allow you to take a drivers edication course and get the ticket dismissed? You may be able to ask for "deffered ajudification".

This is basically probation. If you go without another ticket for 90-180 days, it is dropped and does not go on your record. You must still pay the ticket and usually a "premium". It is just another way of taxing you, so they don't really care. In fact, they usually make more money on deffered ajudification than if you just pay the ticket as "guilty". Will probably be cheaper than a lawyer.

Another question I have is did he show you the radar? Did you ask to see the speed it recorded?

If none of the above works, I say trial by jury.

tlsimon

I didn't read all the post.
The cop didn't calibate the instrument he only did a tuning fork test that is usually done at the begining of shift and the end of shift. Some departments require you to do a tunning fork test after each tickett you write. The tunning fork can be off by 1-2 mph either way. most departments only actually send there units to to be calibrated once a year. When you were driving were there other traffic around? if the officer has a older moving radar it is hard to tell which car is speeding because you will only get one reading but you will here the other tone that unit receives that indicates that there is a vehicle speeding. on the newer models you have a button you can push and it will give you the faster speed and it is up to cop do decide which vehicle is speeding. it is up to you if you know you were not speeding fight it. if you are close to speeding ask for a PBJ. if your license are clean.

sicilianoNYC

my court date is next monday, im going to plead not guilty and say that the radar was calibrated 5 minutes after giving me the ticket and he did not calibrate it anytime before my ticket was given. He was also driving the opposite direction from me and therefore couldnt tell if it was me. Lastly, ive heard if i was clocked using radar there is a way to prove him wrong using physics formulas and such, not exactly sure which ones though and i dont know how far away he clocked me from so wouldnt that be hard to figure out? more advice please....

thanks

XxBrent4xX

I hope this was a joke, because it is the people that really think this way that cause the rest of us to have to waste our money.. take responsibility for your own actions.. Either way, you said you were at least going 10+ mph over.. Which last time I checked is speeding... If you fight it you will likely be able to get the ticket reduced, however, you will not be able to get rid of the ticket unless you get lucky, or have a nice judge.. You admitted guilt that you were speeding, now you just have to proove that you weren't speeding as much as they say you were.. The calibration should be the easiest way to get it reduced... Good luck though bud!

XxBrent4xX

Your speedo will only be thrown off if you actually change the tire size.. Most of the time this happens more on lifted trucks.. If your truck came stock with 30" tires, and you put 35" tires on then your speedo will be off because your speedo figures out how much to read by the rotations from your tires, if your tires are bigger it will take longer to rotate causing your speedo to be lower then it really should.. However, if you have 19" wheels that doesn't mean that you changed the actual distance your tires are turning.. If you stuck wtih the stock tire size, but a lower profile then your speedo should still be on.. Hope this helps..

XxBrent4xX

I have been told that the request to see the radar is a myth... my buddy is a cop and he says that he has no obligation to show you the radar, and if you ask for it you're just going to **** the cop off more because you are calling him a liar..

sicilianoNYC

so i should just argue that the gun was calibrated after i was given the ticket?

sicilianoNYC

also the officer did not write down my address on the ticket (dont know if this would get me off or anything although i doubt it).....