so i got a Bull **** speeding ticket, on the freeway by a hgihway patrol, and it was a speed trap, it was 75 then bam 65 and he pulls me over saying i was going 80 which i wasnt but when i ask to see the radar gun very politley he ignores me, then i ask 3 more times and he just keeps ignoring me, then walks away. my 2 friends were in the car and even my friend in the back seat yelled out the window hey can he see the radar gun which he still ignored. im gonna fight it cause i so wasnt speeding. what is the best defence i could use against this guy if he shows up to court. could i use that in my defence?
2007-07-12 19:37:25 · 20 answers · asked by Ikemike 1 in Cars & Transportation ➔ Other - Cars & Transportation
He doesn't have to let you see the radar gun.
You really don't have much of a defense. It comes down to your word against the cop's. Who would you believe if you were a judge?
Your best bet is to plead guilty, look like you're sorry, say you just didn't realize how fast you were going and yes, you realize how dangerous speeding is, etc. etc. And ask the judge to lower the fine. He probably will.
2007-07-12 19:40:57 · answer #1 · answered by Anonymous · 3⤊ 0⤋
I hear this same sort of things many, many times. As in every situation, its a case by case basis. It all depends on your jurisdiction and the laws there. I can tell you a few things though that are true everywhere.
First of all, speed traps are completely legal and within officers' rights. If you get caught, you shouldn't have been doing it in the first place.
Second, officer's do not have to show you the radar gun. There is no law that says an officer has to prove anything to you. The burden of proof is to the judge, not the suspect. The officer soes not even have to use a radar gun to clock your speed. There are different methods he can use, and all he needs is reasonable suspicion to pull you over.
If its your word against his, he will always win. No if, ands, or buts.
If he feels the case is weak, he will not show up. Some departments make their officers show up as policy, but if the choice is his, he might just say "screw it". Keep your fingers crossed about that one.
There is no defense against a speeding ticket, except a medical emergency. Even with the emergency judges usually say that you should have called 911. If you just enter a guilty plea and try to act sincere about it, you will most likely have the fine lowered. You can mention that the speed limit had just lowered, but the chances of that having a major impact on the outcome are small. Good luck with the court date.
PS: Radar guns record time and date of offense. Don't believe about a certain speed being locked for use later on. It doesn't happen that way.
2007-07-12 21:18:16 · answer #2 · answered by Wassime 3 · 1⤊ 0⤋
This is not a game. These are people's lives you are risking. The law defines a speed limit for unmarked roads which is almost certainly lower than the real limit on that road. If you go to court to try to claim that you couldn't read any of the speed limit signs, you just talked yourself into a bigger ticket. And if the judge is wondering why you were going 10 over the limit when there was so much ice, you'll end up with a reckless driving charge added on. Yes, you can fight the ticket. But be prepared to be taught a lesson that you're trying very hard not to learn.
2016-05-21 05:32:43 · answer #3 · answered by ? 3 · 0⤊ 0⤋
I suppose if you wanted to go through the hassle of a court trial, you could reasonably ask for the radar gun records, and if they can't be produced, depending on what judge you luck out in gettting, the misdemeanor could be dismissed, especially if the cop doesn't show for the hearing. It is a case of your word against his, and you're there to persuade the judge, he's not. Surely there is a microchip in the radar gun that records the moving violation event, what time it occurred and what the speed was. It's six of one and half a dozen of the other, but you could just opt to take the alternative moronic on-line driver education course on your wi-fi laptop from the comfort of your living room sofa and have the moving violation expunged from your record, and pay the ridiculous $200 or so fine. Sorry that happened to you, it happend to me too, doing 45 in a 35 mph zone. I'm sure the radar gun was accurate, but, come on! I was driving a traffic-free country road. There was no danger.
2007-07-12 19:51:25 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Show up to court well dressed. Speak when spoken to. Remain calm and do not appear to be a "wild gun". Clearly state that after asking a number of times to view the radar report, you were ignored. Do not use this excuse that the speed limit changed without your knowledge. It is your responsibility to know the speed limit at all times whether it has changed or not. Honesty is the best policy. If you feel that you are losing or not getting a good vibe from the judge, tell him whether or not you were traveling over the limit of 65, and that you know you were not traveling at the speed the police office cited you at.
2007-07-12 19:48:00 · answer #5 · answered by Sneebs 4 · 1⤊ 0⤋
You have no defense (sorry to break it to you). Speed traps are perfectly legal and there is no law stating that he has to show you the radar gun (not sure where you got that idea from).
As for court, dress up nice, be polite and explain whatever case you think you might have (I really don't think you have one). Chances are that if this is your first offense the judge will be nice and lessen the fine and punishment. The only real hope that you have about beating it is that the cop doesn't show up.
2007-07-14 06:32:28 · answer #6 · answered by vtpeteypabs22 1 · 1⤊ 0⤋
Take your witnesses to court with you and let them back you up on the officer not letting you see the radar gun.. Do not accuse the officer of setting a speed trap. Be polite and respectful to the judge, wear nice clothes.
2007-07-12 19:42:10 · answer #7 · answered by lyllyan 6 · 1⤊ 0⤋
You're had. I've seen cops just lock the radar gun on a speed and then if he doesn't get a good read on a speeder, then he just uses the old figure he had lock in to the gun. So even if he did show it to you, what does that prove? Get a lawyer and he may be able to get the judge to give you traffic school. that way it won't against your insurance or your points. good luck.
PS Don't go in with an attitude, the judge won't like it, and he may be less apt to give you the break.
2007-07-12 19:48:39 · answer #8 · answered by Fordman 7 · 1⤊ 1⤋
Iv been in court rooms about a 100 times, I have family who works there, and I watch cases to see how evidence and the decisions are made, my future dream to become a lawyer.
But sir don't worry about it, if its your first ticket then it will most likely be thrown out and you will just have to watch yourself in the future depending on how lenient the judges are where you live. But there's no way to defend yourself, the evidence of your speeding is on record, a speed trap is just as it says a speed trap so if your trapped speeding you will be fined. So your just going to have to live with your mistake should the judge choose to fine you.
2007-07-12 19:42:19 · answer #9 · answered by Anonymous · 2⤊ 0⤋
You can use anything in your defense. If you asked the cop to see the radar gun, without response, he's in trouble. You have a right to know of your wrongdoing, and if you honestly didn't think you were over the limit, then you can fight. Tell them that the speed ticket was unjust because the policeman was unjust in his reasoning for the ticket without actual proof of the speed of which your car was going.
2007-07-12 19:42:15 · answer #10 · answered by stormy.! 5 · 1⤊ 1⤋