My first speeding ticket!
08-24-2006, 06:56 PM
#21
Banned
iTrader: (2)
Join Date: Aug 2005
Location: OC - So Cal
Posts: 1,228
Likes: 0
Received 0 Likes
on
0 Posts
Originally Posted by Mr_Q
I advise against doing anything that's make your getting pulled over rememorable. Don't ask to see it, etc. You're already getting burned in to his brain enough as it is by asking for 'County Seat". Don't make it any worse.
Just take the ticket and go on. You want to do everything you can to ensure he does not show.
And know that the cops that due show in court almost always have their radar callibration reports, so don't count on that. Fortunately that's all they ever usually bring!
Remember that you are not arguing how you were caught, but that was your speed unsafe.
The best thing for radar cases is to get the radar excluded as evidence by the speedtrap laws. But as was said before radar was a non-issue in your case. He paced you. And there really are not any speed trap laws that apply to being caught on the highway.
Seeing either of those boxes checked, laser or radar, is a GOOD thing. Allows for much more latitude in fighting the case.
Just take the ticket and go on. You want to do everything you can to ensure he does not show.
And know that the cops that due show in court almost always have their radar callibration reports, so don't count on that. Fortunately that's all they ever usually bring!
Remember that you are not arguing how you were caught, but that was your speed unsafe.
The best thing for radar cases is to get the radar excluded as evidence by the speedtrap laws. But as was said before radar was a non-issue in your case. He paced you. And there really are not any speed trap laws that apply to being caught on the highway.
Seeing either of those boxes checked, laser or radar, is a GOOD thing. Allows for much more latitude in fighting the case.
08-24-2006, 07:39 PM
#22
Registered User
iTrader: (1)
Join Date: Jan 2004
Location: Sherman Oaks, CA.
Posts: 696
Likes: 0
Received 0 Likes
on
0 Posts
http://www.helpigotaticket.com/tut/step1.html
In short you cannot use the speedtrap defense unless the officer DID USE laser or radar. The reasoning, in superbrief, is because in order to use certain "defenses in court" those devices need to have been employed.
There's three cases you use to back up your dismissal/defense under these circumstancess. You can find them online, even at that site I believe. (now)
People v_ Earnest [33 Cal_App_4th Supp_ 18]
People v_ Goulet [13 Cal_App_4th Supp_ 1]
People v_ Wozniak (1987) 197 Cal_App_3d Supp_ 43 [243 Cal_Rptr_ 686]
Each of these are backup cases for each. One states on what is a speedtrap and why. One states why and what evidience must be allowed and some not. The last is why you should still be offered traffic school after the trial begins.
Again I am being very brief here. Find those cases and read them and you will see how to build a defense against radar and laser cases on public roads. (excluding highways)
And know that none of this means you will get off. These are just tools to give you the best chance.
In short you cannot use the speedtrap defense unless the officer DID USE laser or radar. The reasoning, in superbrief, is because in order to use certain "defenses in court" those devices need to have been employed.
There's three cases you use to back up your dismissal/defense under these circumstancess. You can find them online, even at that site I believe. (now)
People v_ Earnest [33 Cal_App_4th Supp_ 18]
People v_ Goulet [13 Cal_App_4th Supp_ 1]
People v_ Wozniak (1987) 197 Cal_App_3d Supp_ 43 [243 Cal_Rptr_ 686]
Each of these are backup cases for each. One states on what is a speedtrap and why. One states why and what evidience must be allowed and some not. The last is why you should still be offered traffic school after the trial begins.
Again I am being very brief here. Find those cases and read them and you will see how to build a defense against radar and laser cases on public roads. (excluding highways)
And know that none of this means you will get off. These are just tools to give you the best chance.
Thread
Thread Starter
Forum
Replies
Last Post
CrowzRSA
Maintenance & Repair
6
09-21-2015 04:00 PM