How to Beat a Radar Ticket in California
01-03-2005, 09:59 PM
#1
Registered User
Thread Starter
Join Date: May 2004
Location: Roadcourses of SoCal
Posts: 331
Likes: 0
Received 0 Likes
on
0 Posts
How to Beat a Radar Ticket in California
I just beat a ticket for (ahem, well) over 100 mph in a 70 mph zone on I-5. The best advice is hire traffic ticket defense attorney extraordinare Sherman Ellison of Sherman Oaks, CA.
Here is how he did it. The CHP is required by law to have their radar guns certified every 30 months. The officer who cited me came to court today with a photocopy of a radar gun accuracy test performed by a lab at San Diego State University in May 2004 (well within 30 months ago). That document is INADMISSIBLE HEARSAY. For all you non-lawyers, that means that the proof that the radar gun was tested and accurate can't come into evidence at trial. They would have had to bring the lab technician from SDSU in to testify at trial that he performed the test and that the certification document was authentic, which of course the prosecution did not do. There are exceptions to the hearsay rule, but Mr. Ellison convinced the Judge (who hated his guts and wanted to find me guilty if he could, but he had to follow the law) that the exceptions did not apply.
Victory is mine !!!
Here is how he did it. The CHP is required by law to have their radar guns certified every 30 months. The officer who cited me came to court today with a photocopy of a radar gun accuracy test performed by a lab at San Diego State University in May 2004 (well within 30 months ago). That document is INADMISSIBLE HEARSAY. For all you non-lawyers, that means that the proof that the radar gun was tested and accurate can't come into evidence at trial. They would have had to bring the lab technician from SDSU in to testify at trial that he performed the test and that the certification document was authentic, which of course the prosecution did not do. There are exceptions to the hearsay rule, but Mr. Ellison convinced the Judge (who hated his guts and wanted to find me guilty if he could, but he had to follow the law) that the exceptions did not apply.
Victory is mine !!!
01-03-2005, 10:21 PM
#2
Very interesting. I've never gotten a "radar" ticket before but this info could come in handy in the future. So, how much did the defense attorney charge you for his service? Does he schedule the court date for you or do you have to coordinate it with his schedule?
01-04-2005, 08:17 PM
#5
Registered User
Thread Starter
Join Date: May 2004
Location: Roadcourses of SoCal
Posts: 331
Likes: 0
Received 0 Likes
on
0 Posts
skar -
Notwithstanding the not so nice things you have said about me in the past, I have no problem explaining this to you as a fellow board member. This, of course, is not legal advice.
First, re-read the first post on this thread. If you got a RADAR ticket, there should come a point in the cop's testimony when he shows the judge the radar gun certification form. At that point say "OBJECTION, HEARSAY." Then ask the cop if he relied on this doument to determine if his radar gun was accurate. He will say yes. Object again, on hearsay grounds. If the Judge asks you what you mean, say, "this document has not been authenticated and lacks foundation." If the cop does not introduce the radar certification, ask him for it. As soon as he gives it to you, start with the words OBJECTION HEARSAY and follow the instructions above.
If the Judge asks why the hearsay exception for government records does not apply, say "San Diego State Univ. (or whatever lab did the testing) is not a state government agency." If the Judge asks why the "business records exception" does not apply, say "the document still must be authenticated, and no custodian of records testifiied, so the document lacks foundation."
The same goes for "pacing" where the cop followed you. He needs to have is speedomoter calibrated. Do the same thing with the calibration docuement as you would with the radar certification form.
Notwithstanding the not so nice things you have said about me in the past, I have no problem explaining this to you as a fellow board member. This, of course, is not legal advice.
First, re-read the first post on this thread. If you got a RADAR ticket, there should come a point in the cop's testimony when he shows the judge the radar gun certification form. At that point say "OBJECTION, HEARSAY." Then ask the cop if he relied on this doument to determine if his radar gun was accurate. He will say yes. Object again, on hearsay grounds. If the Judge asks you what you mean, say, "this document has not been authenticated and lacks foundation." If the cop does not introduce the radar certification, ask him for it. As soon as he gives it to you, start with the words OBJECTION HEARSAY and follow the instructions above.
If the Judge asks why the hearsay exception for government records does not apply, say "San Diego State Univ. (or whatever lab did the testing) is not a state government agency." If the Judge asks why the "business records exception" does not apply, say "the document still must be authenticated, and no custodian of records testifiied, so the document lacks foundation."
The same goes for "pacing" where the cop followed you. He needs to have is speedomoter calibrated. Do the same thing with the calibration docuement as you would with the radar certification form.
Last edited by Egbert Souse; 01-04-2005 at 08:35 PM.
01-04-2005, 09:46 PM
#6
BRAVEHEART
iTrader: (32)
Join Date: Feb 2004
Location: PRODUCT OF BROOKLYN 718 USA
Posts: 8,830
Likes: 0
Received 3 Likes
on
3 Posts
Originally posted by SHO-TIME
Ed, you got a ticket?? Sorry to hear!
Ed, you got a ticket?? Sorry to hear!
Rich whatever was joked around in the past was fun and game but if I offended you then it was takin wrong. We all joke and mess around with each other. I know you find it hard to admit you like the 3FiveZeroZ name......
Trending Topics
01-04-2005, 10:31 PM
#8
Registered User
Thread Starter
Join Date: May 2004
Location: Roadcourses of SoCal
Posts: 331
Likes: 0
Received 0 Likes
on
0 Posts
skar -
No offense taken (ha ha). Since Love Montreal is involved, and I think she is such a sweeheart, I am glad to help for free if I can, but cannot give you legal advice, as I am not your attorney. PM me with all the details, including your trial date.
350ed - Mr. Ellison is very expensive. In my case he was worth it (114 mph in a 70 mph zone, which was DISMISSED). I am giving you free information I learned at my trial. If it doesn't make sense to you, and you have a lot at stake, call Mr. Ellison (818) 994-8888.
The driving maniac formerly known as Richard 350z.
No offense taken (ha ha). Since Love Montreal is involved, and I think she is such a sweeheart, I am glad to help for free if I can, but cannot give you legal advice, as I am not your attorney. PM me with all the details, including your trial date.
350ed - Mr. Ellison is very expensive. In my case he was worth it (114 mph in a 70 mph zone, which was DISMISSED). I am giving you free information I learned at my trial. If it doesn't make sense to you, and you have a lot at stake, call Mr. Ellison (818) 994-8888.
The driving maniac formerly known as Richard 350z.
01-04-2005, 10:40 PM
#10
Sponsor
Sport Z Magazine
Sport Z Magazine
Originally posted by Egbert Souse
The driving maniac formerly known as Richard 350z.
The driving maniac formerly known as Richard 350z.
So to speak, you are on a roll! You got money for your wrecked Z from your track accident, now you beat the speeding ticket.
Do you have 6 lotto numbers you care to share?
Jeff
01-04-2005, 10:42 PM
#11
Registered User
iTrader: (3)
Join Date: Feb 2004
Location: Southern California
Posts: 1,264
Likes: 0
Received 0 Likes
on
0 Posts
I beat one of those, though it was a double red light (the 2nd one got me), and teh intersection was very busy, couldn't see the line even without cars in the road.
Chicken - 1
Red light cam - 0
Chicken - 1
Red light cam - 0
01-04-2005, 10:51 PM
#12
BRAVEHEART
iTrader: (32)
Join Date: Feb 2004
Location: PRODUCT OF BROOKLYN 718 USA
Posts: 8,830
Likes: 0
Received 3 Likes
on
3 Posts
Pictures show the car in front slowing down as I was behind him. I was caught in the intersection as a result of him slowing down. The picture clearly show both of us with our brake lights on.....
01-04-2005, 10:52 PM
#13
Registered User
Thread Starter
Join Date: May 2004
Location: Roadcourses of SoCal
Posts: 331
Likes: 0
Received 0 Likes
on
0 Posts
Jeff -
Nice to hear from you. Luck has nothing to do with it. $$$ and finding the right attorney is what it's about.
Hope you have had the opportunity to drive your Z at some other tracks besides Streets of Willow, which is slow and boring.
I got to run the road course at Calif. Speedway last month during the JGTC event. It was incredible. 2/3 of a real NASCAR oval plus an infield road course. WOW. Also, you gotta try Thunderhill. Nuf said.
Nice to hear from you. Luck has nothing to do with it. $$$ and finding the right attorney is what it's about.
Hope you have had the opportunity to drive your Z at some other tracks besides Streets of Willow, which is slow and boring.
I got to run the road course at Calif. Speedway last month during the JGTC event. It was incredible. 2/3 of a real NASCAR oval plus an infield road course. WOW. Also, you gotta try Thunderhill. Nuf said.
01-08-2005, 12:19 AM
#15
Registered User
iTrader: (1)
Join Date: Jan 2004
Location: Orange/So Cal
Posts: 4,738
Likes: 0
Received 0 Likes
on
0 Posts
Egbert Souse, what do you do if the speeding ticket is from an airplane?
I know how to prove mathematically that a quarter of a second off could be + or - 5 mph or so, but how do you convince the judge?
I know how to prove mathematically that a quarter of a second off could be + or - 5 mph or so, but how do you convince the judge?
01-08-2005, 02:46 PM
#17
Registered User
Thread Starter
Join Date: May 2004
Location: Roadcourses of SoCal
Posts: 331
Likes: 0
Received 0 Likes
on
0 Posts
I don't know about speeding tickets measured by airplanes. Did you actually get a ticket from a CHP airplane? If they are going to spend the kind of money it takes to measure speed by air and then have a separate car stop you, maybe they got you. Since your speed is measured by the amount of time it takes you to go from point A to point B, maybe you could force them to prove that the distance from A to B is really what they say it is. I dunno.
01-21-2005, 12:56 AM
#18
Re: How to Beat a Radar Ticket in California
Originally posted by Egbert Souse
I just beat a ticket for (ahem, well) over 100 mph in a 70 mph zone on I-5. The best advice is hire traffic ticket defense attorney extraordinare Sherman Ellison of Sherman Oaks, CA.
Here is how he did it. The CHP is required by law to have their radar guns certified every 30 months. The officer who cited me came to court today with a photocopy of a radar gun accuracy test performed by a lab at San Diego State University in May 2004 (well within 30 months ago). That document is INADMISSIBLE HEARSAY. For all you non-lawyers, that means that the proof that the radar gun was tested and accurate can't come into evidence at trial. They would have had to bring the lab technician from SDSU in to testify at trial that he performed the test and that the certification document was authentic, which of course the prosecution did not do. There are exceptions to the hearsay rule, but Mr. Ellison convinced the Judge (who hated his guts and wanted to find me guilty if he could, but he had to follow the law) that the exceptions did not apply.
Victory is mine !!!
I just beat a ticket for (ahem, well) over 100 mph in a 70 mph zone on I-5. The best advice is hire traffic ticket defense attorney extraordinare Sherman Ellison of Sherman Oaks, CA.
Here is how he did it. The CHP is required by law to have their radar guns certified every 30 months. The officer who cited me came to court today with a photocopy of a radar gun accuracy test performed by a lab at San Diego State University in May 2004 (well within 30 months ago). That document is INADMISSIBLE HEARSAY. For all you non-lawyers, that means that the proof that the radar gun was tested and accurate can't come into evidence at trial. They would have had to bring the lab technician from SDSU in to testify at trial that he performed the test and that the certification document was authentic, which of course the prosecution did not do. There are exceptions to the hearsay rule, but Mr. Ellison convinced the Judge (who hated his guts and wanted to find me guilty if he could, but he had to follow the law) that the exceptions did not apply.
Victory is mine !!!
01-29-2005, 08:52 AM
#19
Suck it!
iTrader: (1)
Join Date: Oct 2003
Location: In the "TOE"
Posts: 7,877
Likes: 0
Received 0 Likes
on
0 Posts
Ed, you fought that? I was gonna fight it too, but I was starting my new job. Couldn't take the time off. Noel gave me some good pointers. If I'm not mistaken, his mom was a cop for a long time. I paid the f'n ticket, and did the damn traffic school thing. Good luck, let me know what happens...
Jen
Jen
Originally posted by skar 718
I'm fighting mine I got in the canyons coming the 17th....Any pointers Rich
I'm fighting mine I got in the canyons coming the 17th....Any pointers Rich
01-29-2005, 07:45 PM
#20
Registered User
Thread Starter
Join Date: May 2004
Location: Roadcourses of SoCal
Posts: 331
Likes: 0
Received 0 Likes
on
0 Posts
The exceptions that matter are Business Records and Official Records. Look 'em up in the Calif. Evidence Code. They didn't apply in my case.