Should I go to court
- Thread starter MartinSD
- Start date
How did you get a picture of the radar gun lol interesting sux about the ticket tho
If you have that picture? Sure. Is there a date on your photo?
ABSOLUTELY...
Unless you were actually speeding then take your lumps..
Unless you were actually speeding then take your lumps..
Actually it doesn't matter if he was actually speeding. The burden of proof is on the accuser (police) and they will be unable to PROVE he was speeding because of the fact that the radar gun hasn't been calibrated.
But I am curious how you were able to get such a picture.
But I am curious how you were able to get such a picture.
Definitely.
How fast did the cop write on the ticket?
Did the cop allow you to take the picture of his radar gun?
And did you argue with him that his gun is overdue to calibrate?
How fast did the cop write on the ticket?
Did the cop allow you to take the picture of his radar gun?
And did you argue with him that his gun is overdue to calibrate?
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You won't necessarily win. I have been successful in having radar thrown out for calibration and other reasons but then the officer testifies about his visual estimate and that he was 3rd in his class in visual estimates, yada , yada, yada...... and there is a conviction.
That isn't proof that the gun is out of calibration. That simply shows that it hasn't been verified to be calibrated since 4-11-09. It could and probably still is accurate. Since that gun doesn't have any moving parts, being out of calibration is probably not very likely.
Were you just baring going over the speed limit or was it pretty obvious you were speeding, got caught, and now are trying to wiggle your way out?
If it were the former, then it might be worth it. If it were the latter, just man up and pay the price for you actions.
If you fight, and lose, you are going to be paying a lot more.
Were you just baring going over the speed limit or was it pretty obvious you were speeding, got caught, and now are trying to wiggle your way out?
If it were the former, then it might be worth it. If it were the latter, just man up and pay the price for you actions.
If you fight, and lose, you are going to be paying a lot more.
You could give it a shot...
Tell the judge an NSX looks like it is speeding when it is parked. :smile:
I would think fighting it in court would be a long shot... the gun is past due on the calibration, but if they tested/calibrated it currently and found it within calibration... then what?
I'm no lawyer.... throw yourself on the mercy of the court
Tell the judge an NSX looks like it is speeding when it is parked. :smile:
I would think fighting it in court would be a long shot... the gun is past due on the calibration, but if they tested/calibrated it currently and found it within calibration... then what?
I'm no lawyer.... throw yourself on the mercy of the court
I had a similar situation, the cop paced me at 130 but he never radar me so he had no physical proof. But he didn't show up to court so they dropped the case.
Speeding 130 in a 55
Wreck less driving.
Racing on highway ( Fl law. Automatic 2 year license suspension)
Speeding 130 in a 55
Wreck less driving.
Racing on highway ( Fl law. Automatic 2 year license suspension)
....
Also...just make sure you did not take that picture covertly or record anything covertly..the ticket will be the LEAST of your worries if you present something like that in court lol but the statement above is correct, that sticker on the radar gun is not always up to date even though the unit is...the calibration records are kept elsewhere...
Aren't you innocent until PROVEN guilty? If the gun is out of cal then how can it be proven to be accurate. Normally annual calibration is a back to the factory procedure. It's all very well saying the gun was self tested and passed ok but without a factory stamp it's not relevant? Did you ask if the gun was in cal? If he had none then the cop has no PROOF other than his word against yours. The fact that the gun is out of the cal means it's use as evidence in inadmissable as it should not have been used at all. Normally these things must be proven "beyond reasonable doubt" to get a conviction. The human eye, no matter how good anyone thinks it is, is not an accurate measuring device and 10 people would all give different answers to judging a cars speed and all would probably be wrong....
I would fight it......I'm in the UK so procedures may be different so get some legal advice.....If your licence depends on this, ie a possible ban, fight it. I did exactly the same and the case was thrown out of court before it began.....The cops may not turn up in court because they know the gun is no good......They'll just be hoping you roll bend over and take it now......
I would fight it......I'm in the UK so procedures may be different so get some legal advice.....If your licence depends on this, ie a possible ban, fight it. I did exactly the same and the case was thrown out of court before it began.....The cops may not turn up in court because they know the gun is no good......They'll just be hoping you roll bend over and take it now......
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- Joined
- 14 September 2008
- Messages
- 291
You might have a good chance... Now, I just want to know how you got that picture? The officer just didn't let you take a picture of it did he?
Just won a (laser) radar speeding ticket. Did not even go to court; won it with Written Declaration. This is my 4th ticket in the last 7 years. I won each and every one (no attorney) . Always challenge the cop !! go to the Appeals court ($120) if necessary.
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In Missouri we have businesses that fight tickets for you. It usually costs about $89 to fight a normal (less than 20 MPH over) ticket. The costs go up from there for higher speeds and "other" infringements. My experience has been that it was worth the costs to keep it off my license and insurance records. The picture probably won't help much as your defender will ask for the calibration records for the radar gun anyway. If the gun is out of calibration (a lot of them are) the ticket will usually be dismissed.
- Joined
- 12 December 2006
- Messages
- 630
Yes go to court. I won my speeding ticket because the radar gun was out of calibration. I got lucky because I wasn't the one who brought it up, it was the judge. I basically didnt even get to speak my case. lol
The judge asked for the calibration papers, and the police officer said that it is indeed expired.
niM
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- Joined
- 10 February 2009
- Messages
- 368
Determine the opportunity cost.
For those that have to take a day off work it may be less expensive to pay it. However the speeding ticket may directly impact your Insurance Rate so keep that in mind.
For those that have to take a day off work it may be less expensive to pay it. However the speeding ticket may directly impact your Insurance Rate so keep that in mind.
Go to traffic school online will erase it. Just a hassle to sit in front of the computer for hours.
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Yeah the ticket itself is the cheap part. The one and only speeding ticket I ever got was for 5 over and it cost me $40 a month for like 3 years in insurance premium increase. Had I known that I might've at least tried to take it to court and hope the cop didn't show up.
Not until you are sure the gun is in fact out of calibration. To me the date reads:
4th of November 2009 4/11/09
So...as the Clint Eastwood saying goes "Are you feeling lucky"...:wink:
That would be April 11th.
Disclaimer: I have a prosecutor in my family, so this is based on memory of what I've been told, and not on personal knowledge. If there's a lawyer reading this and it makes you cringe, feel free to correct me.
Depending on the ticket, it may just be an infraction, which is considered a civil case, not a criminal case. In civil cases, the rules and assumptions are not the same as criminal cases. To find you guilty you requires only a preponderance of the evidence, a.k.a. "sure looks like you did it," not proof beyond a reasonable doubt. Also, in some places, like WA, you don't even have the right to face your accuser--the cop's notes can stand in for him and you won't get off if he doesn't show up. It's really a different world.
So, if a cop says you committed an infraction, and if *you* cannot prove that his evidence or testimony is suspect, then the court considers you guilty. Thus, you're basically guilty until proven innocent.
It's a neat trick, considering that tickets are used primarily as a source of revenue for the government that gives them out, and only secondarily as a source of public safety.
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Edit for OP: But, yeah, if the gun really is overdue for calibration, and if you weren't too far over the limit, you might as well fight it. That seems to work, more often than not, given the rapid-fire get-this-crap-over-with nature of traffic court, where any decent reason to make the decision one way or the other seems to be enough to get it made.
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Absolutely, GO TO COURT!!!!!!
