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  #1  
Old 01-15-2005, 01:11 PM
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69/45 w/ rear radar- right at sign?


What is the name of your state? OKLAHOMA

Going North on divided 4 lane hwy - in 65 zone, see "reduce speed ahead sign" approx. 200 feet infront and a 45 mph zone sign about 400 feet ahead. At same time see police officer heading opposite direction. Pass "Reduce speed ahead sign" look down and I'm going 67. Start braking as I pass cop - I'm approaching 45mhp zone sign and as I pass it I'm going 48. Cop turns around, pulls me over and states I was going 69 in the 45, said he clocked me with his rear radar and said I was passed the 45mph sign. He is flat out wrong. If he's going 50mph+ in one direction and I'm going 50mph in another and we're separated by a 40 foot median how could he possible know EXACTLY where I was? Is it not true that your given a few feet to slow down once you pass a change in speed sign? I'm planning to fight it, but my main questions have to do with this rear radar and how a cop determines exactly where you are when you pass it. Are they at a fixed angle? Is his only way to determine where I'm at when it registers is to look back? Your help and advice is appreciated.

Patrick B.
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  #2  
Old 01-15-2005, 04:15 PM
seniorjudge
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The radar got you as you went through its beam. It doesn't matter where the radar is located or at what angle it is at on the car because all that matters is that you interrupted the radar beam.

If you contest this, at court, the cop will say he clocked you at such and such speed on the radar AND at the same speed by pacing (i.e., his expert opinion at what you were doing). Thus, he will have two pieces of evidence showing that you were speeding.

Do you have anything that shows that you were NOT speeding?
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  #3  
Old 01-16-2005, 12:36 AM
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69/45 w/ rear radar - right at sign


Do I have anything that shows I was not speeding? Only the truth. As a field rep for a bank I have logged over half a million miles without a ticket the past 8 years. As I entered the 45 zone I was going 48. This cop clocked me in the 65 zone going 69, and is claiming his rear radar got me in the 45mph zone. He is wrong. Do I have no defense to this? I would think for a rear radar the angle would come into play,, a 90 degree angle would clock me as I passed him at the side,, anything more would get me at a certain distance passed him. If we pass each other at the "reduce speed ahead" sign, and I brake fast before I hit the 45, where he is now 300+ or so feet passed me going the other direction, how can he know if I'm in front of the 45 sign or passed it. Also by him saying its his rear radar, what keeps him from lying? for example if he clocked me with his front radar at 69 in a 65 and just said it was his rear radar that got me in the 45 am I just screwed? No BS, I braked drastically when I saw him when I hit the reduce speed sign. By the time I hit 45 mph I was at 48. He's saying 69. Does 500,000 miles without a single ticket work in my favor at all in this he said he said dispute? I have my trip logs showing the 500,000+ miles and the judge has access to my driving proving my perfect record, can this not override the cops opinion of where I was?

Thanks. Patrick B.
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  #4  
Old 01-16-2005, 03:02 AM
NWO NWO is offline
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Id say the best bet would be to try to win it on a technicality. Go through the law with a fine tooth comb, then search through case law for similar cases found in favor of defendant (if any). A free trial subscription to a case law library can be found here:
[url]https://www.fastcase.com/Corporate2/Home.aspx[/url]

That's how I beat my speeding ticket with two cops against me (one was the Chief of Police). Think up a defence (and write it down!)to everything which the cop may say in court, and bring photos of the scene and all the case law. Maybe even bring video tape. Get the cop to scew himself with lies or inacurate memory about the scene first. Try to discredit his testimony. None of it will likely work but you never know. I never got a chance, the prosecutor knew I had them and after unsuccessfully trying to get a plea deal out of me dropped the charges completely.

Last edited by NWO; 01-16-2005 at 03:15 AM.
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Old 01-16-2005, 11:04 AM
seniorjudge
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"...Does 500,000 miles without a single ticket work in my favor at all in this he said he said dispute? I have my trip logs showing the 500,000+ miles and the judge has access to my driving proving my perfect record, can this not override the cops opinion of where I was?..."

No. This is totally irrelevant. Your character, reputation, and habit are not on trial.

There is only one question here: were you speeding?

If the court finds you were speeding you will be fined.
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