after getting pulled over, the cop told me i was speeding. i asked to see the radar reading since i was stopping for a red light prior to even seeing the cop, so it seemed unlikely to me that i was speeding. the cop showed me the radar reading but then wrote up the ticket for a faster speed than the radar had stated in order to hassle me further.
will this hold up in court? can the officer write up a faster speed after showing me the radar and telling me that i was going X speed? seems like he's taking advantage of his power. any advice on the situation would be helpful. thanks
2006-11-24 15:39:25 · 15 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
the only evidence i have is that he showed me the radar, and he also told me that i was going XX speed, so hopefully that would be caught on his patrol car camera. he also tried to record me with a wire tap (who knows why) without notifying me first. is that acceptable in ca?
2006-11-24 15:51:54 · update #1
plead not guilty. the burden of proof will then be on the state to prove that the device was properly calibrated. that is extremely hard to do. but if you were speeding pay the fine and forget about it.
2006-11-24 15:42:59 · answer #1 · answered by Anonymous · 0⤊ 0⤋
It'll possibly hold up in court but the officer will have to explain the discrepency.
Also, the other answers are correct about calibration.
Further, since you're in California, it's the prosecution's burden to proove that you were not cited in an illegal speed trap. Check Vehicle Code Section 40802 through 40805. (Yes, the officer/prosecution needs to follow the rules, too.)
When radar is *INVOLVED* in a prima facie speeding citation (which is nearly anything under a posted speed limit of 55mph) the prosecution must present a current and valid Engineering and Traffic Survey at trial. If this Survey is not presented, the law assumes an illegal speed trap was present. As such, the officer is considered "incompetent as a witness" to your speed, the prosecution is prevented from introducing *ANY* evidence to your speed and the court is "without jurisdiction" to find you guilty.
You don't need a lawyer. I recommend "Fight your Ticket and Win In California" (or some such title) by Nolo Press. Look for it at your local book store or online or at www.nolo.com .
I used this book and won a speeding case against me. It's an excellent resource.
Be prepared, though, it can get rather confusing and take a lot of time. Depending on your situation, your time might be better spent paying the fine and going to traffic school.
(Though, having the judge declare the officer incompetent as a witness is rather priceless.....)
(There are many different conditions that must be met for this "Speed Trap" defense. Make sure you know you stand on solid legal ground.)
2006-11-24 18:30:20 · answer #2 · answered by BubbaB 4 · 0⤊ 0⤋
Miswritten
2016-11-13 04:57:56 · answer #3 · answered by ? 4 · 0⤊ 0⤋
Radars are calibrated with a tuning fork with a known frequency. Cops are supposed to do this at the start of every shift and keepa log. If the cop doesn't have the log in court, you win. I waited for my case in traffic court for two hours and watched ticket after ticket get dismissed for no log. You're gambling a day's pay against the ticket cost, though, because some departments follow the rules with logs.
2006-11-24 15:50:15 · answer #4 · answered by normobrian 6 · 0⤊ 0⤋
You should really research other answers before asking you question. First, you are lucky that the cop even showed you the radar. I don't show anyone the radar and I don't usually lock the speed because I'm checking other cars as well. The speed you were locked at does not mean that you were not going faster prior to him locking the unit. He's not trying to hassle you at all. If you were not speeding in the first place you wouldn't be having to face this issue, now would you?
2006-11-24 18:39:35 · answer #5 · answered by gablueliner 3 · 0⤊ 0⤋
First he does not have to even show you the radar equipment, no law, in our old department you would not have been able to see it.
Next the radar gun or equpment does not lock normally at the fastest speed, but only locks when the officer locks it.
So most often you are going faster, and when he sees you slowing down he locks the gun ( if he even locks it at all)
And most likely he added the speed as a reminder to not ask to see the radar next time and just sign the ticket.
You get alot futher along being nice,a nd not trying to argue iwth the officer
2006-11-24 22:04:09 · answer #6 · answered by Anonymous · 0⤊ 0⤋
The speed you saw on the radar is not necessarily the highest speed he observed you going. It is only the speed he locked the radar unit at. He may have observed you going faster and the radar unit might have verified that speed but by the time he locked it, you had slowed down. He can still testify to your higher speed and can cite you for the higher speed. As far as recording you, any police officer can record you at any time without your knowledge. When speaking with a police officer, you have no expectation of privacy so they can, and frequently do, record you.
2006-11-24 16:02:36 · answer #7 · answered by David B 2 · 0⤊ 0⤋
not sure if he can make it stick but you need to go to court and tell them you want a copy of the deposition , get a lawyer and he needs to ask when the last time his radar gun was callibrated...if they cant prove it was before your ticket it should be an easy case for you. also sometimes they think if you have to keep coming back and fourth to court you'll fold eventually..you need to make sure you dont and are there for every court date..i know here in ny the officer who tickets you has two chances to show and give his deposition and if he failes they throw out the case
2006-11-24 15:54:24 · answer #8 · answered by dave v 2 · 0⤊ 0⤋
In some states you can win easily, in others you don't have a chance. You do automatically win if the officer doesn't show up. If you feel strongly enough to fight for it, then take it to court. It sounds like you have no evidence though, so it will be your word against his, but perhaps justice will be served. Good luck.
2006-11-24 15:47:27 · answer #9 · answered by d12.emin3m 3 · 1⤊ 0⤋
BASICALLY the same thing happened to me last August,I thought I could fight it,didn't work the Judge told me they don't have to go by the radar they can pace you. This is in orange county, he asked me if i new how to operate a radar gun, no, do you have any police training, no, then you were SPEEDING. I tried didn't work for me but they did make me feel stupid!
2006-11-24 16:14:23 · answer #10 · answered by cge1222 1 · 0⤊ 0⤋
They dont have to show you the radar, he might of locked that speed on but you may of been going faster at some stage. If you are inocent plead Not guilty, he can record you just to cover his **** if he chooses.
2006-11-24 19:21:58 · answer #11 · answered by N. Andrews 2 · 0⤊ 0⤋