I have been stopped a few times for speeding and I would like to know what my rights are. Am I allowed to ask for the laser/radar gun reading? I was told that cops are not required to show you this. If they dont have it on tape, is it basically their word againsts yours.
2006-11-20 00:46:09 · 10 answers · asked by Dmitriy Z 1 in Politics & Government ➔ Law Enforcement & Police
Please dont answer with "just obey the law". I have a sports car and a superbike which are both designed for performance so I really should not be treated the same as the guy with a 5 ton truck thats speeding. I dont speed excessively and the only reason that I speed is because the speed limits are set so low.
2006-11-20 01:05:41 · update #1
It depends on your state, city and the judge. If you are trying to beat the ticket (assuming you are sure you were not speeding).., you're only hope is a slim one. Ask if the Radar Gun had been calibrated that day.
Some judges may feel generous and ask the policeman to verify that the radar gun had been calibrated before use.
FIRST OFF..., when you get pulled over watch the attitude and be cordial / nice. You ask the officer first thing, "Can I help you Officer"? People are idiots when they start off harassing a cop. Cops are human. Be nice, generally speaking, they will be nice. If I pick a verbal fight with you, you'll get an attitude - so you darn well better check the attitude because cops are no different than you and I in the mood department.
If the policeman says you were speeding - don't get worked up into a lather. Simply state something to the effect of.., "Officer, I am not calling you a liar, but I honestly do not think I was going that fast".
You work the conversation from there - BUT - keep your cool if he is adamant and not even going to let you off with a warning. Now days if you tick a policeman off by being rude - you can get hit with other citations - and they may even look your car over for lights being out, improper exhaust system, poor tire tread.., etc.
The most important advice I can give is just be "nice". Even if that fails - thank the Officer when you get the ticket or even if he lets you off the hook.
Please note that being nice does not guarantee he will skip giving you a ticket when he knows in his own mind you were speeding. But it certainly gives you that potential - because face it.., cops have a thankless Job. Not many appreciate what they put up with. Put yourself in the cop's shoes and imagine you putting up with thankless idiots who get ticked off because you are doing your job. Wouldnt you feel better if someone talked to you like you were human?
Last word - its not always words that can irk a cop. I could say "Yes sir and no sir and thank you" all day long, but if I am giving him devil eyes all the while - silence can indeed speak louder than words. Actions - have to represent the words.
2006-11-20 01:09:01 · answer #1 · answered by Victor ious 6 · 0⤊ 0⤋
Most states do not require the officer to show you the RADAR display. Some agencies even forbid it due to safety reasons. I stopped someone that wanted to see the RADAR display one time for speeding, being the nice guy I am I showed them. The first thing out of their mouth was "That wasn't me". It was after midnight and they were the only car on the road, there was no one else. That may be another reason why, ever when they are allowed, officers will not show you the RADAR.
Yes, if you contest the citation it will be your word against the officer's.
What other rights are you wanting to know about? I could write all week long about your rights, but I'm not going to.
2006-11-20 01:22:20 · answer #2 · answered by Judge Dredd 5 · 0⤊ 0⤋
At the point of a traffic stop, which is a legal detention because you have violated the law [and yes, you can go to jail for any traffic offense contrary to what most people think] your rights are limited for that period of time. In Georgia, when you are get stopped for speeding when the officer is using a speed detection device, he/she is not required to show it to you. He/she is required to offer to test the device to make sure that it is working properly. That's all that has to be done before a citation can be issued. Remember, in your word against his word, judges learn the officers in court. Most judges see these officers week to week. They watch video tapes and hear accounts from eye witnesses who back up what the officers say in court. Most of the time the defendant lies to try to get out of the charge. So lets say that the officers video camera was broken on the day you were stopped. Let's say that the judge you go before has been a judge for several years in the court that the officer attends and that the judge has seen 30 or more videos over the years from that officer in which the tape gives the officer a good track record. Guess what, the officer is going to win. He is sworn to tell the truth and upholds his integrity each and every time he does so in court. I can't say the same for some officers. I've seen their cases thrown out of court for not being on the up and up. Believe me, it really does come out in court when the officer is not being honest.
2006-11-20 00:58:34 · answer #3 · answered by gablueliner 3 · 0⤊ 1⤋
Why not try obeying the traffic laws. Then the argument becomes irrelevant.
Or, conversely, when caught, accept the fact that you were caught and pay the fine. Why be adversarial about it. If you're wrong then you're wrong.
{edit} Your additional details make you sound like an arrogant ***. You should be allowed to speed because you have a car and a bike that are capable of going faster than everyone else.
Seriously.... just obey the law. The majority of the people I treat in the ER following motor vehicle accidents are guys in sports cars driving too fast or guys on motorcycles driving too fast without helmets. Or the innocent people they hit.
Just drive the damn speed limit or pay the ticket.... loser.
2006-11-20 00:51:56 · answer #4 · answered by Anonymous · 1⤊ 2⤋
First, spped limits are set as a matter of the road and conditions, not as to the type of vehicle you choose to drive or ride.
Second, the Officer who writes you the ticket is writing that ticket based on his/her observations, not on what the radar unit displays. The radar is intended to serve as a back up to the Officer's observations but it is not the make or break part of the prosecution.
Third, you obviously believe that speed limits are for others and not you. That will cost you your driving priveledges, if you're lucky. If you're unlucky, it could cost you your life.
2006-11-20 01:37:21 · answer #5 · answered by ? 5 · 0⤊ 0⤋
The cops are not required or obligated to show you the laser reading. They are however required to state the speed on the ticket.
If you are stopped for any traffic violations your best option is to obey the police instructions at that time. You may however, got o court and contest your ticket or get a traffic lawyer to do it for you.
2006-11-20 00:56:24 · answer #6 · answered by vividtoy 2 · 1⤊ 0⤋
Well my friend, you have attitude with a capital A. You should not be treated the same as a guy with a ten ton truck, and why would that be? 'Cause you're cute, rich, cool, better than the rest of us slobs that drive trucks or vans? You cop an attitude you gonna get attitude back and in this case you would be the loser. Life is tough son, may I suggest you learn to fall softly.
2006-11-20 04:43:27 · answer #7 · answered by Anonymous · 0⤊ 1⤋
You may in fact ask to see the radar/laser readout (they will usually refuse or say it is no longer on the display). THEN say "If you choose to arrest me or cite me I will cooperate, otherwise I will answer no more questions, this discussion is over".
There may be attempts to threaten and intimidate, but you are totally within your rights.
2006-11-20 03:21:15 · answer #8 · answered by Gunny T 6 · 0⤊ 0⤋
Excellent question - especially considering that it requires an attorney to 'know' one's rights for anything, in this land of rampant law(s), for order!
Since you have asked THE excellent question, please do us all a favor, and 'tell' us (details section) the basic rights we have, in the circumstances you outline??? I for one, do not know what one's rights are - except to 'do' as one is told . . . or face possible arrest and car impounding.
2006-11-20 00:53:08 · answer #9 · answered by Anonymous · 1⤊ 1⤋
were you speeding? then pay the ticket; it's called accepting responsibility.
2006-11-20 00:48:13 · answer #10 · answered by uknowme 6 · 1⤊ 2⤋