I just got a speeding ticket on the highway and I was pulled over by an officer with a radar gun. I was wondering if the officer needs documentation to use this tool. I believe that the radar itself needs to be calibrated and have documentation of that, but I'm not sure if I should bring up the fact that the officer has to be properly trained to use it. Would this be a liable defense?
2007-03-20 14:04:12 · 9 answers · asked by Andrew 4 in Politics & Government ➔ Law Enforcement & Police
Dear GOD, man!! Don't you know better than to ask a question like this on here?
These folks on here are FRUITCAKES about authority. You should just handcuff yourself and catch a boat to Gitmo. The waterboarding isn't bad, if you just remember to hold your breath.
2007-03-20 16:29:15 · answer #1 · answered by one_dog_grinning 2 · 1⤊ 1⤋
Unfortunately, if the officer followed all the proper procedures and documentation then the court case would fall into a your word against his argument, unless you have some proof that you were not speeding, which is somewhat unlikely. In most situations the officer will not only rely upon one method of determining that you were speeding, he most likely not only got you on radar, but he probably also clocked you, and every police officer I have ever known will follow someone for at least a quarter mile before pulling them over to make certain that they were indeed speeding and that it wasn't an equipment error, Face it, if you were speeding just pay the ticket, it will be a lot less headache in the long run.
2007-03-20 14:16:04 · answer #2 · answered by quizikin 2 · 0⤊ 0⤋
An officer can't cite you for speed with only a RADAR without being certified. You can receive a speeding ticket based on other factors as well. These include pacing (matching your speed with patrol vehicle), timing (specific time over known distance)or aircraft. It might be difficult to decipher but most RADAR certified officers use acronyms somewhere on the citation to describe the circumstances. If the above were used in conjunction with RADAR it means even more evidence against you. They might have the data imprinted on video shot from the car camera as well.
We (highway patrol) in this state are given discretion on certain violations which allows a sliding bail schedule. What this means is for a speed violation we can adjust the fine amount. I bring this up because there is a possiblity that the officer already "cut you a break". If you proceed to court to argue and are found guilty, the judge may impose the full amount. It happens in our county quite often.
If you were to go to court arguing against the RADAR portion exclusively you could expect the officer to bring:
-their certification (we attend weeks of training and do 1000's of speed estimations to get qualified)
- the vehicle calibration
- RADAR calibration
-video evidence
Most officers keep all of these things handy just for that reason.
Another note (warning) A wise-a** took a buddy of mine to court demanding a list of RADAR related items he found on the internet that turned out weren't pertinent to a misdemeanor speed offense. My buddy gathered all items and documented the time and effort it took to accomplish this. The judge upheld my buddy's original violation and also appended the amount with the logged (wasted) time which I believe tripled the fine amount :)
2007-03-21 16:04:27 · answer #3 · answered by Trooper TJ 2 · 0⤊ 0⤋
All police officers who have gone through any acadamy more than likely have been trained on the equipment and the calibration process. Chances are, the equipment was calibrated numerous times within the prescibed time that they MUST do it as that is the policy in most departments.
What you are attempting to do is to defer responsibility from yourself to the officer because YOU were speeding and the magistrate will see right through that. If you do try to argue, more than likely the officer will have come armed with the calibration log and proof of training and then there will be no chance of leniency from the judge as you will have only succeeded in wasting his time. Don't fight it, don't speed.
2007-03-20 14:15:09 · answer #4 · answered by Voice of Liberty 5 · 0⤊ 0⤋
No. The prosecutor, if he does it properly, will cover all those points when the officer is on the witness stand.
The only thing a defense attorney can do is to try and discredit the officer,,,the radar gun...Good luck...
A retired police officer
2007-03-20 14:15:11 · answer #5 · answered by RETIRED 7 · 0⤊ 0⤋
In Illinois, the officer should have attended some type of training (a few hours) and the gun should have been calibrated, but you are probably going to lose anyway.
2007-03-20 14:10:09 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Oh God. Were you speeding? Were you going about the speed the officer clocked you at?
You make no mention of this.
Please, be a responsible member of society and pay your dues for speeding.
I'm sick of people whining over their tickets. Don't speed if you don't want the penalty.
But, by all means, go to court and make a fool of yourself, especially if you plan on being your own defense lawyer getting your defense put together over Yahoo Answers.
2007-03-20 14:37:07 · answer #7 · answered by powhound 7 · 0⤊ 1⤋
liable? lol , you mean viable . talk to prosecutor before court that day maybe you can plea bargain down to a stc . i know one guy , the trooper was called away 5 minutes before his case was called and it was dismissed . good luck and slow down .
2007-03-20 14:25:07 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Yes...they all know how to use it...No matter what the state is...!!!
2007-03-20 14:36:25 · answer #9 · answered by `~Its love~` 3 · 0⤊ 0⤋