Traffic court victories!!!

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[ARCHIVED THREAD] - Traffic court victories!!! (Page 1 of 3)

Posted: 9/8/2010 2:00:29 PM EDT

Let's hear your stories...about all I hear about are failures.

Posted: 9/8/2010 2:03:44 PM EDT

[#1]

My 9500ix does all the talking...

Posted: 9/8/2010 2:06:59 PM EDT

[#2]

I pleaded my case and got out of $1,800 worth of tickets in PRK.

I had a MN drivers license...and because of never having CA DL, I was not expected to know CA law.

This is why Mexican Nationals given traffic tickets in San Diego rarely have to pay fines.

It's too long a story to type-out, but trust me, IGNORANCE of the law in PRK is actually a good excuse if you are not from there.

I suppose the illegal stop (no PC & was not speeding) by the officer had something to do with getting out of them as well, but I think the ignorance thing is funnier.

Actually, the dismissal of charges cost me $10, and I was told to not get another ticket for the next year or my fines would come back. I left the state the next day, and have not been back since.

Posted: 9/8/2010 2:07:14 PM EDT

[#3]

I won 3 exhaust tickets in Orlando about 10 years ago. It was obvious I had an aftermarket exhaust on my turbo Eclipse. The officer said any aftermarket exhaust was illegal and wrote the ticket for such. I took it to court and explained to the judge that Midas and Meineke are all operating illegally since they all sell and install aftermarket exhausts.

Posted: 9/8/2010 2:08:58 PM EDT

[#4]

I always lose in ourt.

Posted: 9/8/2010 2:10:54 PM EDT

[#5]

Twice the cop didn't show up to defend his ticket.

It's pretty common in Michigan.

Posted: 9/8/2010 2:13:10 PM EDT

[#6]

Quoted:
My 9500ix does all the talking...

I have one as well, couldn't be happier. Gave me about 10 miles of warning before a speedtrap on a flat highway in New Mexico a few months ago.

Posted: 9/8/2010 2:15:02 PM EDT

[#7]

I once had a cop ticket me for parking in a 4pm-6pm it is open to traffic lane at 3;58 pm.

I went in with a shortwave set to WWV and my watch and proved the cop had his watch set fast.

The defense spiel was out of Cousin Vinnie when I explained that the case wasn't about the parking ticket, but was about if we could stay with the Atomic Clock or the entire world would have to switch their time to conform with the $20 K-Mart watch of a Pittsburgh police officer.

I set up the radio, listened to the time ticks and explained that the entire planet, the SAT-Nav system, all of the planes in the air and all of the ships at sea were tuned to the atomic clock and that it would cost TRILLIONS to convert ti the policemans watch.

I covered the recharting of the entire planet, the reprogramming of sattelites and went on for a good tenty minutes.

The judge just let me run on and on and laughed himself silly.

The cop representing the people tried three times to drop the charge, but the judge told him to wait intil I was through.

Posted: 9/8/2010 2:18:51 PM EDT

[#8]

Quoted:
I once had a cop ticket me for parking in a 4pm-6pm it is open to traffic lane at 3;58 pm.

I went in with a shortwave set to WWV and my watch and proved the cop had his watch set fast.

The defense spiel was out of Cousin Vinnie when I explained that the case wasn't about the parking ticket, but was about if we could stay with the Atomic Clock or the entire world would have to switch their time to conform with the $20 K-Mart watch of a Pittsburgh police officer.

I set up the radio, listened to the time ticks and explained that the entire planet, the SAT-Nav system, all of the planes in the air and all of the ships at sea were tuned to the atomic clock and that it would cost TRILLIONS to convert ti the policemans watch.

I covered the recharting of the entire planet, the reprogramming of sattelites and went on for a good tenty minutes.

The judge just let me run on and on and laughed himself silly.

The cop representing the people tried three times to drop the charge, but the judge told him to wait intil I was through.

That's the kind of story I was looking for!

Posted: 9/8/2010 2:19:00 PM EDT

[#9]

Quoted:

I always lose in ourt.

Posted: 9/8/2010 2:21:13 PM EDT

[#10]

I proved I was right but the judge just wanted my $$$.

Posted: 9/8/2010 2:27:41 PM EDT

[#11]

Quoted:
I once had a cop ticket me for parking in a 4pm-6pm it is open to traffic lane at 3;58 pm.

I went in with a shortwave set to WWV and my watch and proved the cop had his watch set fast.

The defense spiel was out of Cousin Vinnie when I explained that the case wasn't about the parking ticket, but was about if we could stay with the Atomic Clock or the entire world would have to switch their time to conform with the $20 K-Mart watch of a Pittsburgh police officer.

I set up the radio, listened to the time ticks and explained that the entire planet, the SAT-Nav system, all of the planes in the air and all of the ships at sea were tuned to the atomic clock and that it would cost TRILLIONS to convert ti the policemans watch.

I covered the recharting of the entire planet, the reprogramming of sattelites and went on for a good tenty minutes.

The judge just let me run on and on and laughed himself silly.

The cop representing the people tried three times to drop the charge, but the judge told him to wait intil I was through.

Almost felt sorry for the guy, until I thought about the mindset of someone who can't let 2 minutes slide.

Posted: 9/8/2010 2:30:44 PM EDT

[#12]

100% conviction rate since '91.

Posted: 9/8/2010 2:31:49 PM EDT

[#13]

I beat a completely bogus COC signal charge.
Long and entertaining story that has already been told here.
I also beat a tag charge where the cop cited the wrong statute.

I lost a bogus VASCAR ticket where the cop had used a "shadow" as one of his course points.

I also lost a bogus leaving vehicle unnattended ticket issued by an egg sucking TAC officer.
My car was locked and the parking brake was applied, which is what the law specifies in MD.
My lock cylinder was stripped and you could remove the keys with the motor running.

The cop lied when asked if he observed me enter the locked vehicle with my keys in hand.
So I started questioning him about his observation and search training as a TAC officer.
Did you observe the interior of the vehicle? No.
Did you observe the ignition to determine if there was a key in it? No.
Did you observe whether the parking brake was applied? No.

I had the guy on the run and just then the judge (a former State Trooper and known cop sympathizer) admonished me to "Stop berating the officer!"
Then he stated his disbelief of my stripped lock cylinder and found me guilty.
I had a locksmith friend and I probably should have at least gotten a statement from him on paper to bring to court.

Posted: 9/8/2010 2:32:27 PM EDT

[#14]

Quoted:

I once had a cop ticket me for parking in a 4pm-6pm it is open to traffic lane at 3;58 pm.

I went in with a shortwave set to WWV and my watch and proved the cop had his watch set fast.

The defense spiel was out of Cousin Vinnie when I explained that the case wasn't about the parking ticket, but was about if we could stay with the Atomic Clock or the entire world would have to switch their time to conform with the $20 K-Mart watch of a Pittsburgh police officer.

I set up the radio, listened to the time ticks and explained that the entire planet, the SAT-Nav system, all of the planes in the air and all of the ships at sea were tuned to the atomic clock and that it would cost TRILLIONS to convert ti the policemans watch.

I covered the recharting of the entire planet, the reprogramming of sattelites and went on for a good tenty minutes.

The judge just let me run on and on and laughed himself silly.

The cop representing the people tried three times to drop the charge, but the judge told him to wait intil I was through.

Piccolo, would you PLEASE hurry up and write a damn book??? With plenty of pictures of the Seeing Eye Cat!

Posted: 9/8/2010 2:33:17 PM EDT

[#15]

Quoted:
100% conviction rate since '91.

You'll have to convict me in absentia cause I'll run!

Posted: 9/8/2010 2:33:40 PM EDT

[#16]

Quoted:

100% conviction rate since '91.

Wait. YOU have been convicted 100% of the time or the tickets that you write get a conviction every time??

Posted: 9/8/2010 2:36:34 PM EDT

[#17]

My dad got a ticket for speeding and not wearing a seat belt. This was a few years ago, before the Click It Or Ticket thing got big.

My dad went to court over it. I don't think he went to dispute it, he just might have waited too long to sign it & mail in before the deadline.

He basically got the seat belt part dismissed, and payed the rest there. Not a total get-away, but I was surprised. (I got a $100 seat belt ticket once. That changed my ways)

Maybe the judge was just glad to see someone with a good attitude.

Posted: 9/8/2010 2:36:42 PM EDT

[#18]

Quoted:
Let's hear your stories...about all I hear about are failures.

3 hours of overtime every time i walk in the door..i get a VICTORY every time no matter what the Judge rules... But then again i also dont write bullshit tickets, so i usually dont have too much of a problem winning the case either.

Posted: 9/8/2010 2:37:29 PM EDT

[#19]

Quoted:

Quoted:
100% conviction rate since '91.

Wait. YOU have been convicted 100% of the time or the tickets that you write get a conviction every time??

This.

Posted: 9/8/2010 2:47:28 PM EDT

[#20]

I got a ticket in Texas as I was driving across the state. I don't remember the exact numbers, but I was going nine miles per hour over the daytime speed limit. Only problem was that it was 2am.

When I got back to Arizona I sent a letter to the judge asking if I could deal with the case by mail. My defense was a copy of the Texas driver's handbook that showed a picture of the normal speed limit sign. The caption for that sign was "This indicates the fastest you can drive during the day or night." I stated that the handbook said nothing about a sign marked night and therefor it was not reasonable to ticket a person based off a sign that doesn't exist.

I never heard back from the judge and had no problems when I traded in my AZ license for a TX one a few years ago.

-Mike

Posted: 9/8/2010 2:53:15 PM EDT

[#21]

Quoted:

Quoted:
Let's hear your stories...about all I hear about are failures.

3 hours of overtime every time i walk in the door..i get a VICTORY every time no matter what the Judge rules... But then again i also dont write bullshit tickets, so i usually dont have too much of a problem winning the case either.

Taxes pay you for time you don't actually work?

Posted: 9/8/2010 2:54:51 PM EDT

[#22]

Quoted:

Quoted:
Let's hear your stories...about all I hear about are failures.

3 hours of overtime every time i walk in the door..i get a VICTORY every time no matter what the Judge rules... But then again i also dont write bullshit tickets, so i usually dont have too much of a problem winning the case either.

Taxes pay you for time you don't actually work?

please don't derail the thread

Posted: 9/8/2010 2:55:39 PM EDT

[#23]

Quoted:

Quoted:
Let's hear your stories...about all I hear about are failures.

3 hours of overtime every time i walk in the door..i get a VICTORY every time no matter what the Judge rules... But then again i also dont write bullshit tickets, so i usually dont have too much of a problem winning the case either.

Taxes pay you for time you don't actually work?

please don't derail the thread

I didn't

Posted: 9/8/2010 2:57:38 PM EDT

[#24]

I have never lost in traffic court.

I know a fellow traffic officer who writes up to 600 citations a month. He has never lost in court as well.

Posted: 9/8/2010 2:58:35 PM EDT

[#25]

Quoted:

Quoted:
Let's hear your stories...about all I hear about are failures.

3 hours of overtime every time i walk in the door..i get a VICTORY every time no matter what the Judge rules... But then again i also dont write bullshit tickets, so i usually dont have too much of a problem winning the case either.

Taxes pay you for time you don't actually work?

please don't derail the thread

I didn't

Posted: 9/8/2010 2:59:07 PM EDT

[#26]

Quoted:

Quoted:

100% conviction rate since '91.

Wait. YOU have been convicted 100% of the time or the tickets that you write get a conviction every time??

This.

Ok. I mean, it could read either way.

Posted: 9/8/2010 3:04:09 PM EDT

[#27]

Quoted:

Quoted:
Let's hear your stories...about all I hear about are failures.

3 hours of overtime every time i walk in the door..i get a VICTORY every time no matter what the Judge rules... But then again i also dont write bullshit tickets, so i usually dont have too much of a problem winning the case either.

Taxes pay you for time you don't actually work?

Actually it pretty much works out. An hour each way for my commute, case prep, signing out evidence and reports, going to the court, sitting around waiting for the case, putting everything back, then driving home. Since I work midnights, and court is during the day, EVERY court appearance is OT. Sometimes it takes 5 minutes..sometimes it takes 10 hours..but my max is 5, so i eat everything after that..

Posted: 9/8/2010 3:04:22 PM EDT

[#28]

The only time I've ever "won" was when I didn't waive my right to a speedy trial and the officer was on vacation and couldn't come.

Beyond that, I take 100% of my tickets to court. I usually end up paying about the same, or a bit more in fines. But I always walk out with a plea bargain for reduced charges. Always.

Usually the best I can do is to get the pros to knock it down to a no-point speed,or to knock a 20 over down to a 10 over. Think I've gotten down to an equipment (non-moving) violation maybe twice in the past 10 years. Local court, I just go in myself because I know how the court is ran and I know that it's clogged as hell and the pros will offer a deal to get me out of there quicker.

Non-local courts, I hire an attorney in the area to deal with it.

Posted: 9/8/2010 3:07:55 PM EDT

[#29]

Quoted:
100% conviction rate since '91.

I know we've discussed this before, you and I. I still maintain that must be some kind of Kangaroo court, or just folks must not be that educated about their rights and due process in that neck of the woods. It just isn't that hard around here to beat a speeding ticket.

Posted: 9/8/2010 3:17:39 PM EDT

[#30]

Quoted:

Quoted:
100% conviction rate since '91.

I know we've discussed this before, you and I. I still maintain that must be some kind of Kangaroo court, or just folks must not be that educated about their rights and due process in that neck of the woods. It just isn't that hard around here to beat a speeding ticket.

Two different counties now. Around 16 months in the new county, still 100% conviction rate.

I don't write speeding tickets on main roads unless they are 20+.

Posted: 9/8/2010 3:22:31 PM EDT

[#31]

Quoted:

Quoted:
100% conviction rate since '91.

I know we've discussed this before, you and I. I still maintain that must be some kind of Kangaroo court, or just folks must not be that educated about their rights and due process in that neck of the woods. It just isn't that hard around here to beat a speeding ticket.

Two different counties now. Around 16 months in the new county, still 100% conviction rate.

I don't write speeding tickets on main roads unless they are 20+.

That right there could make the difference, at least for me. At that speed, measuring device or not, any sane judge will trust the LEO to even visually estimate that the speeder was flying. In my opinion, if you are going 20 over, you probably are that stupid and need the ticket anyway.

Posted: 9/8/2010 3:27:10 PM EDT

[#32]

Quoted:

Quoted:
100% conviction rate since '91.

I know we've discussed this before, you and I. I still maintain that must be some kind of Kangaroo court, or just folks must not be that educated about their rights and due process in that neck of the woods. It just isn't that hard around here to beat a speeding ticket.

Either that or somewhere along the line he put his left hand on his right ear and his right hand on his left ear and pulled his head out of his ass early along in his career and decided to use common sense unlike the Barney Fife I wrote about in the above post.

I once got stopped for running a stop sign and politely told the officer I had stopped befind the car ahead of me that stopped. I pointed out that I couldn't go through him and every third car has to 'stop twice'.

He looked at me.

"Pic," he said. "I couldn't see from where I was if you did or didn't. I'll take you at your word. I have never had a ticket thrown out and I'd hate to have you be the first. When I write a ticket, I have the driver cold and dead to rights."

He voided the ticket even though it was a hassle and I guess he had to explain why.

Smart cop.

Betcha Bama Shooter's the same way.

Posted: 9/8/2010 3:28:26 PM EDT

[#33]

Quoted:

Quoted:
100% conviction rate since '91.

I know we've discussed this before, you and I. I still maintain that must be some kind of Kangaroo court, or just folks must not be that educated about their rights and due process in that neck of the woods. It just isn't that hard around here to beat a speeding ticket.

Two different counties now. Around 16 months in the new county, still 100% conviction rate.

I don't write speeding tickets on main roads unless they are 20+.

That right there could make the difference, at least for me. At that speed, measuring device or not, any sane judge will trust the LEO to even visually estimate that the speeder was flying. In my opinion, if you are going 20 over, you probably are that stupid and need the ticket anyway.

I had one running a stop sign ticket almost go to a jury trial. Pleaded guilty.

Posted: 9/8/2010 3:32:22 PM EDT

[#34]

Quoted:

Quoted:
100% conviction rate since '91.

I know we've discussed this before, you and I. I still maintain that must be some kind of Kangaroo court, or just folks must not be that educated about their rights and due process in that neck of the woods. It just isn't that hard around here to beat a speeding ticket.

Two different counties now. Around 16 months in the new county, still 100% conviction rate.

I don't write speeding tickets on main roads unless they are 20+.

That right there could make the difference, at least for me. At that speed, measuring device or not, any sane judge will trust the LEO to even visually estimate that the speeder was flying. In my opinion, if you are going 20 over, you probably are that stupid and need the ticket anyway.

I know I'm in the minority here, but I don't see how you can reach "Beyond a reasonable doubt" in a he said he said situation. Since you can have a cop say "He was doing 95 mph" and that is taken as gospel to me the entire process is a sham.

Posted: 9/8/2010 3:36:07 PM EDT

[#35]

Quoted:

I know I'm in the minority here, but I don't see how you can reach "Beyond a reasonable doubt" in a he said he said situation. Since you can have a cop say "He was doing 95 mph" and that is taken as gospel to me the entire process is a sham.

This is why a cop will write a guy driving at an ESTIMATED 95 by writing it as an AT LEAST 75.

Posted: 9/8/2010 3:40:48 PM EDT

[#36]

Quoted:

Quoted:

I know I'm in the minority here, but I don't see how you can reach "Beyond a reasonable doubt" in a he said he said situation. Since you can have a cop say "He was doing 95 mph" and that is taken as gospel to me the entire process is a sham.

This is why a cop will write a guy driving at an ESTIMATED 95 by writing it as an AT LEAST 75.

That's fine, however it is still his word against the defendant. One of them is supposed to be innocent until proven guilty beyond a reasonable doubt.

Posted: 9/8/2010 3:46:41 PM EDT

[#37]

Years ago a long standing client of a law firm I worked for came in with a traffic ticket from up in the mountains. I was out of the office so the next junior attorney was handed the assignment. He writes a nice letter to the District Attorney asking for a reduction, explaining what a salt of the earth this gentlemen who got the ticket is, and gets back his letter with "plead to the ticket or ask for a trial' written on the bottom.

Being an extremely pleasant gentleman my buddy calls the district attorney and asks if he has done something to cause offense, or is there some other reason that such a hard line is being taken, points out that this gentleman has an exemplary driving record, he still coaches little league even though his boys are now grown and off to college and is a devote Republican contributor etc. He gets in response a surly "Look pal, let's face facts, you're in some big law firm down in (big city) three hours from here and I've never met, never will and don't need to do you any favors, I know you aren't going to bother coming up here to fight this ticket, and even if you did I know the judges and who are the going to believe, the cop who lives here or your client from Big City? They know they aren't going to see you or him again either. So plead to it or come up here and I'll teach you a lesson."

Now my buddy the gentleman lawyer could be mistaken, at first glance for a younger Mr Rogers, complete with sweater vest and NPR mug. He never yells or threatens and is one of the most polite people I know. However being quiet, polite and wearing sweater vests does not mean you take shit from people, which for some reason some people do not understand.

He thanked the DA for talking to him and said he would talk to his client. He called the client, told him what the DA said asked if he was willing to drive up there for the trial. The client was pissed but said "I only paid a $ 100 to you guys for this, I can't afford to pay you to go up there and back and try this." "A hundred dollars will be fine" he was told.

Now for the naive among you, generally speaking a lot of rural traffic court judges are little more than pawns of the police and prosecutor. Often (particularly back then) they were not lawyers and were provided no training, it was not unusual for them to ask the prosecutors what to do with each case, and even to get advice from them on what to do with civil cases. Of course that is all unethical, nevertheless that is how it was and sometimes still is. Going up in a rural isolated area to tangle with the local police department and the elected district attorney (there were no assistant district attorneys, he was the only one because the population is so small) was generally about as smart a gamble as me flicking Mike Tyson's ears while he is doing a line of cocaine.

All I know is the next day after the trial I asked "How did it go?" and he said "Ticket was dismissed."

Posted: 9/8/2010 3:52:34 PM EDT

[#38]

Quoted:

Quoted:

I know I'm in the minority here, but I don't see how you can reach "Beyond a reasonable doubt" in a he said he said situation. Since you can have a cop say "He was doing 95 mph" and that is taken as gospel to me the entire process is a sham.

This is why a cop will write a guy driving at an ESTIMATED 95 by writing it as an AT LEAST 75.

That's fine, however it is still his word against the defendant. One of them is supposed to be innocent until proven guilty beyond a reasonable doubt.

The problem is that the LEO is considered an officer of the court, and his word is pretty much taken as gospel, for right or wrong. If you come to court to fight a ticket, you better have something up your sleeve besides, "its his word against mine." You gotta have some type of case prepared around the existence (or lack of existence) of documentation supporting the validity of the measuring method.

In this case however, we are talking about where a device is not even needed, i.e. the perp was driving so fast, in the estimation of the arresting officer he was driving at an unsafe speed for traffic conditions and an stop was warranted based on that alone. HARD to beat that kind of ticket. Harder still when they even have a speed measuring device to back it up, proper documentation or not, since the allowable margin for error would be so high in that kind of case.

Posted: 9/8/2010 3:57:11 PM EDT

[#39]

No vitories here, should have fought one though. Would have been fun asking the Highway Patrolman why he's driving a taxpayer funded car on a gravel road 3 miles away from a highway.

Posted Via AR15.Com Mobile

Posted: 9/8/2010 4:07:56 PM EDT

[#40]

Quoted:
The problem is that the LEO is considered an officer of the court, and his word is pretty much taken as gospel, for right or wrong. If you come to court to fight a ticket, you better have something up your sleeve besides, "its his word against mine." You gotta have some type of case prepared around the existence (or lack of existence) of documentation supporting the validity of the measuring method.

I am well aware that the deck is stacked against the person that has the presumption of innocence. That is the problem in a nutshell.

Quoted:
In this case however, we are talking about where a device is not even needed, i.e. the perp was driving so fast, in the estimation of the arresting officer he was driving at an unsafe speed for traffic conditions and an stop was warranted based on that alone. HARD to beat that kind of ticket. Harder still when they even have a speed measuring device to back it up, proper documentation or not, since the allowable margin for error would be so high in that kind of case.

It is only hard because the courts will take the word of a co-worker over the employer.

Posted: 9/8/2010 4:11:55 PM EDT

[#41]

Quoted:
I once had a cop ticket me for parking in a 4pm-6pm it is open to traffic lane at 3;58 pm.

I went in with a shortwave set to WWV and my watch and proved the cop had his watch set fast.

The defense spiel was out of Cousin Vinnie when I explained that the case wasn't about the parking ticket, but was about if we could stay with the Atomic Clock or the entire world would have to switch their time to conform with the $20 K-Mart watch of a Pittsburgh police officer.

I set up the radio, listened to the time ticks and explained that the entire planet, the SAT-Nav system, all of the planes in the air and all of the ships at sea were tuned to the atomic clock and that it would cost TRILLIONS to convert ti the policemans watch.

I covered the recharting of the entire planet, the reprogramming of sattelites and went on for a good tenty minutes.

The judge just let me run on and on and laughed himself silly.

The cop representing the people tried three times to drop the charge, but the judge told him to wait intil I was through.

This one wins all internets available.

Posted: 9/8/2010 4:12:05 PM EDT

[#42]

Pleaded insanity to a speeding ticket in Chickasha OK...I got off with court costs

Posted: 9/8/2010 5:15:46 PM EDT

[#43]

Quoted:

Quoted:

I know I'm in the minority here, but I don't see how you can reach "Beyond a reasonable doubt" in a he said he said situation. Since you can have a cop say "He was doing 95 mph" and that is taken as gospel to me the entire process is a sham.

This is why a cop will write a guy driving at an ESTIMATED 95 by writing it as an AT LEAST 75.

That's fine, however it is still his word against the defendant. One of them is supposed to be innocent until proven guilty beyond a reasonable doubt.

The problem is that the LEO is considered an officer of the court, and his word is pretty much taken as gospel, for right or wrong. If you come to court to fight a ticket, you better have something up your sleeve besides, "its his word against mine." You gotta have some type of case prepared around the existence (or lack of existence) of documentation supporting the validity of the measuring method.

In this case however, we are talking about where a device is not even needed, i.e. the perp was driving so fast, in the estimation of the arresting officer he was driving at an unsafe speed for traffic conditions and an stop was warranted based on that alone. HARD to beat that kind of ticket. Harder still when they even have a speed measuring device to back it up, proper documentation or not, since the allowable margin for error would be so high in that kind of case.

It's even harder when you have an LEO who documents everything.

Did you calibrate at the start of shift, current docs on the unit, current certs, calibrate at end of shift, etc..........a known history before the court....

Posted: 9/8/2010 6:14:25 PM EDT

[#44]

Quoted:

Quoted:

I know I'm in the minority here, but I don't see how you can reach "Beyond a reasonable doubt" in a he said he said situation. Since you can have a cop say "He was doing 95 mph" and that is taken as gospel to me the entire process is a sham.

This is why a cop will write a guy driving at an ESTIMATED 95 by writing it as an AT LEAST 75.

That's fine, however it is still his word against the defendant. One of them is supposed to be innocent until proven guilty beyond a reasonable doubt.

The problem is that the LEO is considered an officer of the court, and his word is pretty much taken as gospel, for right or wrong. If you come to court to fight a ticket, you better have something up your sleeve besides, "its his word against mine." You gotta have some type of case prepared around the existence (or lack of existence) of documentation supporting the validity of the measuring method.

In this case however, we are talking about where a device is not even needed, i.e. the perp was driving so fast, in the estimation of the arresting officer he was driving at an unsafe speed for traffic conditions and an stop was warranted based on that alone. HARD to beat that kind of ticket. Harder still when they even have a speed measuring device to back it up, proper documentation or not, since the allowable margin for error would be so high in that kind of case.

It's even harder when you have an LEO who documents everything.

Did you calibrate at the start of shift, current docs on the unit, current certs, calibrate at end of shift, etc..........a known history before the court....

And that's why its so easy here to get one dismissed. The LEO's and courts here don't keep their paperwork in order and don't file anything on time. About 95% of the time you petition the court with a request for discovery, and you hear crickets from the PA. If they do respond the paperwork is not up to snuff and full of holes. Come the day of the hearing, if they have not already dismissed it themselves, a simple request for dismissal will get it thrown.

My record doesn't go as far back as yours, but I have gotten 4 tickets in 3 years, and all have been dismissed. And, yes, I have slowed down.

Posted: 9/8/2010 6:22:24 PM EDT

[#45]

I had one dismissed because the judge didn't show.

Posted: 9/8/2010 6:25:00 PM EDT

[#46]

The state police here use sort of a fax paper that prints out hte ticket and supporting deposition in the patrol car, but after awhile it fades and becomes unreadable. Saw a Trooper fumbling around trying to get his story straight when his paperwork had turned into invisible ink one night, seems stupid that they can't do something as simple as print a ticket out of the patrol car that will last

Posted: 9/8/2010 6:27:40 PM EDT

[#47]

Convicted the Guy on DUI

Oh you mean ours

Actually I got one dismissed

Forgot to renew the Inspection sticker
Cop did all the right things because it was out for over a month
I kept cussing myself under my breath while he did the checks
Last thing he says is
You know you can get it inspected and get the ticket dismissed
I said sweet and I love your car
Firebird
Took it and got it inspected
Told the guy I need a recipt because I got a ticket
Graps the 2$ WalMart pad and write State Inspoection Passed
I said do you have a stamp
No

Took it and the truck to get it dismissed
Admin Lady looks at it and says the Judge will need to look
I could tell the scam had been run SO many times here
Judge looks at it and ask the question I had been waiting for
Do you have the truck here
He got an unusually reply
Yes your honor
His eye actually opened up as he looked at me
Can I go look at it
Yes your Honor
As we walked at he said this is not much of a recipt to get the ticket dismissed
I said yes your Honor but its what they gave me thats why I brought the truck
10$ later I was good to go

Posted: 9/8/2010 6:58:12 PM EDT

[#48]

Not me but one I got to see the start of anyway...

This was my first case on jury duty, we had a guy on trial for DWI... I had never heard of anyone having a jury trial for DWI so I was like WTF???

I didn't get picked for the jury so I missed out on that excitement but I did find out later that he was found not guilty.

His defense was that he was texting and not driving drunk, texting and driving was not illegal at the time.

The state trooper that stopped him had only been in law enforcement for about a month at the time,
He was given a field sobriety test which the defendant thought he passed,
The defendant refused a breathalizer test because he thought he had passed the field test,
When the state trooper did the field test, only the first few seconds of the test was on the dash camera.

So there was no evidence of him being intoxicated on tape from the field sobriety test and there was no evidence because he refused the breathalizer.

I'm pretty sure that his license was suspended for refusing the breathalizer and was out quite a bit of money on the lawyer, but he dosen't have this DWI on his record.

Posted: 9/8/2010 7:05:52 PM EDT

[#49]

My wife went in, looked cute, and walked out scot free. God bless 'er, as bad as she drives I don't think she's ever paid a ticket.

Posted: 9/8/2010 7:22:18 PM EDT

[#50]

I had a Univ. cop radar me from a totally crap position and yank me... I was driving a sports car, had a detector, wasn't speeding, and they proceeded to try and toss my car for drugs, I wasn't attending the Univ.

I went out with my GF and took pictures of the entire area, she was a Photog major... And as luck would have it, one of my closest friends was in the AF and his MOS (is that the correct AF term?) had to do with radar. He, no shit, gave a 30min lecture on how radar worked and how the LE was full of shit, in traffic court.

I had Kinko's blow up's.

I beat the ticket, but broke even on the blow ups.

[ARCHIVED THREAD] - Traffic court victories!!! (Page 1 of 3)

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