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Posted: 12/20/2001 8:27:22 AM EST
[url]http://ar15.com/forums/topic.html?id=79881[/url] Basically an officer was 200-300 ft in front of me and decided to slow down and pull me over. He claimed radar(which the ticket states) yet my radar detector never went off, and it is a very good one. I told him this and then he changed his story saying he used his speedometer. He then preceeded to pick an arbitrary number for my speed then rounded it up for my ticket! I want to file a motion of discovery, how do I do this and any other advice? I know if speeding you should take the heat, but this guy lied to me and added speed to increase the points on the ticket. and yes I was very nice. Thanks for any help.
Link Posted: 12/20/2001 8:34:15 AM EST
What was the speed limit? What was the speed you were going before the officer slowed down and stopped you? What was the speed you were cited for?
Link Posted: 12/20/2001 10:08:50 AM EST
[Last Edit: 12/20/2001 10:01:47 AM EST by jadams951]
Never heard of a motion of discovery on a traffic violation. If you are innocent then fight it.
Link Posted: 12/20/2001 10:22:16 AM EST
Originally Posted By Dave_G: What was the speed limit? What was the speed you were going before the officer slowed down and stopped you? What was the speed you were cited for?
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The limits were changing - ticket says 55 I was going at probably 60 first and the officer was riding me big time. so i got over and let him pass. He passed then slowly started speeding up so I did too. I am not sure how fast I was going, wasn't paying attention. I asked him why he was going that fast and he said he didn't have to follow the law and does this to people all the time. He said I was going 71-73. Didn't even look a the ticket until today.. says 75.
Link Posted: 12/20/2001 10:23:38 AM EST
Originally Posted By jadams951: Never heard of a motion of discovery on a traffic violation. If you are innocent then fight it.
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Thanks- I am going to take it to coourt but i know in FL yoiu can file for a request/motion for discovery and the officer has to bring in all sorts of stuff you request like speedo records, radar training cert, etc.
Link Posted: 12/20/2001 1:14:35 PM EST
If what you're telling us is true then something is not right, for sure. Is it possible that he had multi directional radar? A lot of the new systems are multi directional and have rear anteannas. If you are not guilty then I encourage you to go to court. Too many people don't bother with court anymore when they should.
Link Posted: 12/20/2001 4:16:57 PM EST
Originally Posted By thee12nv:
Originally Posted By jadams951: Never heard of a motion of discovery on a traffic violation. If you are innocent then fight it.
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Thanks- I am going to take it to coourt but i know in FL yoiu can file for a request/motion for discovery and the officer has to bring in all sorts of stuff you request like speedo records, radar training cert, etc.
View Quote
Speedo records...don't you think you're getting a little personal!!!!
Link Posted: 12/20/2001 4:32:02 PM EST
Link Posted: 12/20/2001 4:58:37 PM EST
You say he was riding you "Bigtime". I had an officer in a plain white wrapper do this to me a couple of years ago. He refused to pass me, and I know he was trying to get me to speed up so that he could give me a ticket. The only thing I could see in my rear view mirror was his windshield. About that time "I thought I saw Mary's pet schnauzer preparing to dart into traffic", so I applied my brakes VIGOROUSLY. When I drove back by the tow truck was pulling him out of the ditch. He might have been a prick with a badge, but like an earlier post so eloquently stated, "If you wanna play, then your gonna pay".
Link Posted: 12/20/2001 6:37:24 PM EST
I always wondered about that. When I have been pulled over they get so close to you. What if you freaked when you looked in your mirror, slammed on your brakes and he rear ended you? I almost did one time luckily he didn't hit me, but what if he did?
Link Posted: 12/20/2001 7:00:45 PM EST
One, If the speed limit was 55 and you sped up from 60 but have no idea what you maxed out at, then you might convince the judge that you were only going 65 or 70 in a 55 instead of 75. The best you might do is cut the fine down a bit. Then again, I once was paying my $22 fine for 67 in a 55 in Van Horn, Texas when a "hippie type" from California had his trial. The officer that stopped him testified, then the judge asked him for his side and he committed a cardinal sin. "That officer is lying!" the moron practically shouted. "NOBODY CALLS ONE OF MY OFFICERS A LIAR! That will cost you $500 or ten days!" Calling an officer a liar in open court is a foolish thing unless you can prove it, especially when you don't even have a clue how fast you were going. Take it as a lesson learned and take traffic school if available in your state and you qualify.
Link Posted: 12/20/2001 7:11:15 PM EST
Rabbit, I was watching an idiot doing 75 in a 55 followed about 30 feet back by another idiot. I was mentally flipping a coin to help me decide who was going to get a citation when the lead doofus slammed on his brakes for no apparent reason, just as doofus #2 started a lane change to go around. Doofus #2 hit Doofus #1 and spun him into the center divider barrier. Both stopped; both were cited; Doofus #1 got the PCF (primary at fault) and Doofus #2 got "Other Associated Factor" (also at fault). Think about it.
Link Posted: 12/20/2001 7:21:17 PM EST
Speeding tickets are revenue generators so judges don't like to find you not guilty - defeats the purpose! They will ALWAYS believe the cop over you even if they think he is lying to defend the revenue action. If you want to win, its gotta be a slam dunk or you are wasting your time. Sometimes a lawyer can help - that IS what they do! Depends on how badly you want to win! The cop running over the limit to suck you in SHOULD be considered entrapment but I doubt you can get much sympathy from the revenue judge. And they wonder why we don't respect them! Have done the brake check a couiple times myself. Have always wondered if I could write a citizen's complaint against the guy for tailgaiting me - sure is tempting!
Link Posted: 12/20/2001 8:07:01 PM EST
He does not need radar to issue a speeding ticket, not in my state anyway. We do use radar, but "pacing" is also done to monitor speed. Speedometers in highway patrol cars are calibrated every six months to do "pacing", in which the patrol car is positioned to either side of a moving car, lining up the rear bumper to the front bumper of the patrol car. The pace is monitored for about a half mile or so, not exactly sure. I'am not sure if this is the case with you but.......
Link Posted: 12/20/2001 9:04:05 PM EST
If you were in fact speeding then be a man and pay the freight. Don't waste the tax payers money trying to get out of the punishment that you deserve.
Link Posted: 12/20/2001 11:00:28 PM EST
Mouse, Whenever I paced a violator, just before I would light them up, I would do a fore and aft check for safety and for other vehicles ahead pulling away or behind, overtaking me. I usually took the faster speed and gave the one I was pacing a white door warning. If somebody thinks it's OK to keep pace with a police car going faster than the speed limit, then they need an education. Nobody is being entrapped. They are being caught trying to get away with something. As for slam dunks, most traffic trials are just that because most people don't understand what is required for them to win. They argue the wrong point or they get mad and rant or they cop to a lower speed than that which they were cited for, but still over the limit. If you don't like the fact that traffic fines generate revenue, then don't break the law. It's that simple.
Link Posted: 12/21/2001 4:05:27 AM EST
Link Posted: 12/21/2001 4:30:47 PM EST
Bottom line - if your speeding, then your breaking the law. The same law that applies to the civilian and JBT alike. That cop that is doing 70 mph without his lights is breaking the law just like you are. Nobody is above the law. I saw a sherrif's deputy running @ about that speed, and I "followed" just close enough to get his tag number and keep him in sight while I called the state patrol on my cell phone. I let them know that I would be filing a complaint and did so with the sherrif. The officer got a reprimand. There are a lot of good cops out there, but sometimes even the police need policing. And by the way DaveG, I've thought about it...and me and my lawyer would see you in court.
Link Posted: 12/21/2001 5:47:53 PM EST
Rabbit9, Was it really necessary to turn a civil request for information into cop-bashing? Locked for now.
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