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Speeding Citation (Traffic Law)

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• Fri, 28 Jul 2006 03:19:00 GMT(1)
• As soon as the patrol officer flips on his lights, and possibly before if he hits record, it will include your speed in the corner of the tape. You can always ask to see the tape. You have that right. Talk to his senior officer. Otherwise, sorry to disappoint, but it does come down to his word against yours, and to be honest, unless the officer has ruined his reputation before hand...it's usually the officer that gets believed.
• Fri, 28 Jul 2006 10:43:00 GMT(2)
• If the internal electronics test is the only thing the officer will testify to then the ticket must be dismissed based on the case law see below.
  FYI most LEO's (law enforcement officers) won't have the calibration records for the unit based on the tuning forks or other external testing. also they would have to have the calibration of the tuning forks themselves and records to show when those calibrations occured. tuning forks can become damaged etc. and have to be send in periodically.
  so here's a tip give the judge the case loaw and say you would like your case to be judged on the case law. ask the officer if he has the calbration records for the unit and the tuning forks. if he doesn't and asks for a continuance - OBJECT the case is today the officer knows or should know what evidence he needs to bring (Duh!, he is the one who filed the charges.) ask for immediate dismissal.
  if you have even a semi-ethical judge you should do ok - or else you will have a great appeal case in circuit court.
  if there is no prosecutor and the judge acts as one that is another problem - hint (if he objects to you questioning of the LEO or doesn't allow you to speak he is acting as a prosecutor. your on you own to object to him acting as prosecutor because the state is to cheap to rpovide one or to wait and get the appeal
  191 N.W.2d 428
  291 Minn. 353
  STATE of Minnesota, Respondent,
  v.
  David Arnold GERDES, Appellant.
  No. 42514.
  Supreme Court of Minnesota.
  Oct. 29, 1971.
  Syllabus by the Court
  1. Courts may take judicial notice of the underlying principles and reliability of properly tested and operated radar devices for determining the speed of motor vehicles without requiring expert testimony concerning the theory and mechanics of a particular unit.
  2. Where the only means of testing the accuracy of a radar device is an internal mechanism which is an integral part of
  Page 429
  the unit, and there is no evidence other than the radar reading that a motorist was driving at a speed in excess of the limit, his conviction cannot be sustained.
• Thu, 27 Jul 2006 12:22:00 GMT(3)

• Quote:

  Originally Posted by duggery

  I was hoping there was some way to defend myself in court against this alleged violation. Q: Can anyone offer some advice other than "hire an attorney?" It would be much appreciated.
  Thanks.

  
  

  Quote:

  Originally Posted by duggery

  Minnesota.
  I was cited by a state patrol officer for travelling seventy-two miles per hour in a fifty-five mph zone. I was not going seventy-two but rather sixty-one mph. This is a brand new car and has absolutely no chance of speedometer fault.
  The officer did not inform me that he was citing me for speeding until he returned from his cruiser with a citation and my license in hand. Upon being handed the citation I contested it. A: He told me that I would have to appear in court if I wish to fight it.
  I have no prior moving violations. My record is unblemished. I have no idea how to fight this citation because it would simply be my word against the officers'.
  What is my recourse?

  Whoever the judge believes will win. Since you have absolutely NO evidence, you won't be the one the judge believes.
• Wed, 26 Jul 2006 14:05:00 GMT(4)
• Hire an attorney. A local attorney knows the local judges and prosecutors and knows best on how to get a ticket reduced or dismissed.
• Fri, 28 Jul 2006 09:17:00 GMT(5)

• Quote:

  Originally Posted by comet3

  As soon as the patrol officer flips on his lights, and possibly before if he hits record, it will include your speed in the corner of the tape. You can always ask to see the tape. You have that right. Talk to his senior officer.

  Talk to his senior officer? About what? The police are likely not going to be very helpful in release video that will prove the officer wrong. If you would like to request any such evidence, it would need to be done in the courtroom via Discovery, and I still don't think you're ever gonna see the video.
• Thu, 27 Jul 2006 12:17:00 GMT(6)
• I was hoping there was some way to defend myself in court against this alleged violation. Can anyone offer some advice other than "hire an attorney?" It would be much appreciated.
  Thanks.
• Thu, 27 Jul 2006 13:39:00 GMT(7)
• No one will know until you go to court and ask.
• Fri, 28 Jul 2006 02:13:00 GMT(8)

• Quote:

  Originally Posted by seniorjudge

  Whoever the judge believes will win. Since you have absolutely NO evidence, you won't be the one the judge believes.

  It is a rare occasion, indeed, when there is any evidence in speeding (and most other traffic) cases. There is just testimony....he said/she said....the word of a cop and a sleeze who's trying to get out of paying a fine. Video sometimes serves as evidence, of course, but that is rare. Gotta take a cops word for what his radar gun was pointing at and that he read it right....and that he was not just flat out wrong and stressed out. Fact is, presumption of guilt permiates traffic court proceedure. That's just the way it is. Thus, you are correct, and it is unfortunate. Cop says he was going 72; guy says 61. Let's stick him with 66-1/2, split the difference and make everybody happy.
• Thu, 27 Jul 2006 12:37:00 GMT(9)

• Quote:

  Originally Posted by seniorjudge

  Whoever the judge believes will win. Since you have absolutely NO evidence, you won't be the one the judge believes.

  I fully understand this, however, if I am not truely guilty of this then there must be something I can do to atleast prevent this from blemishing my record. In a traffic court I presume that I am guilty until the time I am proven innocent.
  Is there any information I can seek that will help me in proving that I was not infact travelling at the speed that the officer alleges? If I have no proof then there is obviously no point in hiring an attorney.
  If I appear in court and plead not guilty is there anyway I can square this away with the prosecutor and prevent it from going before the court?
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Traffic Law Open Questions

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