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police was Lying

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beaumont2001GT

Guest
What is the name of your state?Texas

I was on my way home last tuesday when I got pulled over. I had my cruise control a hair under 50. I normally go about 5 over the limit to flow with traffic. The cop was in a grocery store parking lot on my left, I saw him and did not think twice about it. I had my radar on (Bell 985 Vector) and I was not getting ony radar from his patrol car. All of a sudden he jerks out and pulls me over. I figured he was going to ticket me for having no front license plate, so i did not say anything. When he came over to talk to me, he said that he radared my at 58 mph. I was pretty upset when I heard this. I looked at him and said you and I both know you never clocked me with your radar, you did not clock the guy behind me, or anyone, i told him his radar was not even on. it was not possible, my detecter goes crazy when my car is locked in. I keep in on the most sensitive setting (Highway setting) and it has always worked. When I told him this, he smiled and told my that he paced me. He changed his story. Both scenarios where impossible, from the point where he pulled out, to the point where I pulled over measured approximately 75 yards. He never even had a chance to get his car up to 30 mph because I had to stop at the light. When he pulled out, I was already under 35 mph because of the light ahead. I am going to have to fight this one out of principle, I mean I have had my share of tickets, some I thought were nit picky, but they were all legitimate catches. I was in the wrong and paid the penelty. But, this experience has really made me furious. If a cop can just make up ticket and pin it on you, i refuse to bend over and accept that. If he would have ticketed me for 50 in a 45, I would have told him what I though of him and his ticket, but would have accepted it. I went to court today and got a trail by jury, I figured it would be more unbiased. I talked to a judge who was very nice. He mentioned that there should be video of the pullover. I feel that would be great, because it would show him change his story from radar to pace. Any idea or stategies would be greatly appreciated. I just feel bad about having to take hard working peoples time to sit on a jury to listen to my case about a stupid ticket.
 


lwpat

Senior Member
If you intend on taking this ticket to court you need to spend some time in preparation so you don't come off as a complete idiot.

Check with the clerk of court to see when some other trials are scheduled and arrange to attend. This will allow you to become familar with court procedure.

Texas allows for discovery at the traffic court level so you need to request all of the officer's notes and the videotape. If your post is correct then you can bet that the tape will not exist. Possibly you can find out if his cruiser is equipped with a camera and if he normally records his stops or if there is any departmental procedure. The request must be in the proper format and properly served.

Take pictures of the area so you can explain where the officer was parked and the proximity of the light.

Prepare your questions in writing so you won't forget anything. When on the stand remember that you are talking to the jury, not to the officer/prosecutor. Make eye contact with them and take your time.

Good luck
 

CdwJava

Senior Member
Its also possible that your radar detector either (a) did not detect the band use of the particular radar, or, the officer used a Lidar (laser) and not a radar unit at all.

Radar detectors are NOT infallible. And, they frequently go off AFTER the radar has hit the target.

Carl
 

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