i got caught speeding and wondered if i could get out of it because it was a hand held device not on a tri pod the police woman was pointing it out her car window
2007-12-20 00:47:44 · 24 answers · asked by kitty6004 1 in Politics & Government ➔ Law Enforcement & Police
sounds like some of the people are angels and never broke the law it was my husband speeding in a works van not me
2007-12-20 01:01:00 · update #1
In all 50 states the police cannot use devices that are not approved and deemed accurate by scientific calibration. I have never heard of the need to use a tripod while using a hand held device. I have written more than my share of citations using hand held devices. Just pay the ticket. The issue is that our job has a lot of urban legends attached with it as far as what we can do, and what we can't.
2007-12-20 01:46:13 · answer #1 · answered by Anonymous · 0⤊ 0⤋
It does not have to be on a tri pod, in fact it works in the drivers favour if its not, if the officer does not have a steady hand then all the get on there speed gun is a error message when they try and measure your speed.
There is no legal requirement on how the device is held or mounted as per say, it makes it easier to hit the vehicle if it is on a tri pod
2007-12-22 12:19:52 · answer #2 · answered by mafiaboss_nz 5 · 0⤊ 0⤋
Couple of options:
Firstly, always contest the ticket in court. If the issuing officer does not show up (which she may not, as this is rather a tedious business) then you may win by default.
Secondly, you can challenge the manner in which the device was calibrated. If the issuing officer cannot answer to this, then you may win.
Thirdly, you can challenge on the basis of whether the issuing officer was following the manufacturers instructions, or indeed whether she is properly trained and certified in using a handheld radar device. Again, you may win if these points cannot be answered.
Bottom line though is that it may be easier for you to pay the fine and move on. I presume from your admission "I got caught speeding" that you were actually speeding? The law exists for a reason (notwithstanding the above).
2007-12-20 08:57:36 · answer #3 · answered by smallbof 2 · 3⤊ 1⤋
How the Radar or Laser device is mounted or held does not effect the effectiveness of the device. pay the fine and be done with it. If you choose to fight it in court, you now have the fine AND court cost.
I see nobody claiming to be angels or saying they never broke the law, I see people who just paid their ticket. I paid the ticket I got because I knew I was speeding. So, again, pay the fine, take some responsibility and get over it.
Feel free to fight the ticket if you want, very few get dismissed.
2007-12-20 08:55:19 · answer #4 · answered by Colonel 6 · 1⤊ 0⤋
Well if your husband WAS speeding then he got caught, he'll just need to chalk it up to experience..
However, if he is adamant that he wasn't speeding then he should get a lawyer asap as this would need to go to court..
He should ask his lawyer to get details of the radar guns last calibration test (These devices need to be checked regularly and even though its unlikely, they might not have been up to date with the maintenance) As far as it being hand held and pointed out a window, that doesn't matter, the device is designed to be used in this way..
Don't let it ruin your Christmas though, it's not the end of the world...
Merry Christmas..
2007-12-20 13:04:48 · answer #5 · answered by John W 4 · 0⤊ 1⤋
Hand held or mounts doesn't make a difference. The radar units are designed to be on the money but there is usually a .3 +or- of 1mph difference even after being calibrated. If you want to fight it you better get a lawyer or you wont win.
F.Y.I.
If its raining during the time you were given a ticket you have a better chance of beating the citation. The radar is effected by the falling rain and you have to be trained on how to calculate the difference.
2007-12-20 09:02:19 · answer #6 · answered by wtpd601 2 · 0⤊ 0⤋
You may get "out" of a ticket by not breaking any motor vehicle laws. It is not that your husband was speeding that is an issue here, it is the fact that he was caught and is trying to not accept his actions. He needs to own up to his mistake and learn from it. I think that's what ticks people off more than anything the attempted weaseling out of responsibility. And just so you know, when I was in my early 20's I got TWO speeding tickets in one weeks time. Guess what? I paid the fines and stopped speeding!! I learned my lesson. Hopefully your husband will too.
2007-12-20 09:29:27 · answer #7 · answered by D squared 6 · 0⤊ 1⤋
It is a hand held device... it was pointed at you and you got caught. Pay the fine and accept you did it.
In the UK we use a laser device rather than radar so don't worry about the falling rain comment earlier.
2007-12-24 07:51:28 · answer #8 · answered by moggle 2 · 0⤊ 0⤋
Put it this way, would you be happy if I drove past your house at 40mph when your kids were playing outside or speeding on the motorway for that matter?
If you are guilty and go to court to plead not guilty then they will be tough on you for blatantly waisting their time, just pay the ticket and decorate your driving licence with 3 points, like the rest of us...
2007-12-22 03:38:12 · answer #9 · answered by Ali K 4 · 0⤊ 0⤋
Sorry, but you were caught speeding you broke the law. Deal with it. Pay the fine.
2007-12-20 09:06:06 · answer #10 · answered by Blondie Bear 3 · 1⤊ 0⤋