Am I going to win??

[Freerider333]

What is the name of your state? Washington

I was pulled over in March of this year for speeding. I know I was speeding, but I don't believe I was going as fast as the State Trooper said. He came around a blind corner, and then turned around and pulled me over. He said that he clocked me going 67 in a 50. I didn't agree or disagree with him, but once he told me what speed he clocked me at, I asked for proof of this. He told me, "The proof is right there (reffering to the ticket)!"

Isn't it my right to see the radar? And if so, since he failed to show me, do I get off?

Another thing, I was looking up the violation code that he issued on the ticket (46.61.460) and that states, "No person shall operate any motor-driven cycle at any time mentioned in RCW 46.37.020 at a speed greater than thirty-five miles per hour unless such motor-driven cycle is equipped with a head lamp or lamps which are adequate to reveal a person or vehicle at a distance of three hundred feet ahead." (Quoted from [url]http://apps.leg.wa.gov/RCW/default.aspx?cite=46.61[/url].) Which has nothing to do with my infraction. However, he did write "SPEEDING" on the ticket.

Any ideas? I'm going to court to fight this offense on July 11th. I don't think there was anyway he has enough time to radar me on that blind turn.

Thanks,

-Free

[moburkes]

Originally Posted by Freerider333

What is the name of your state? Washington

I was pulled over in March of this year for speeding. I know I was speeding, but I don't believe I was going as fast as the State Trooper said. He came around a blind corner, and then turned around and pulled me over. He said that he clocked me going 67 in a 50. I didn't agree or disagree with him, but once he told me what speed he clocked me at, I asked for proof of this. He told me, "The proof is right there (reffering to the ticket)!"

Isn't it my right to see the radar? And if so, since he failed to show me, do I get off?

Another thing, I was looking up the violation code that he issued on the ticket (46.61.460) and that states, "No person shall operate any motor-driven cycle at any time mentioned in RCW 46.37.020 at a speed greater than thirty-five miles per hour unless such motor-driven cycle is equipped with a head lamp or lamps which are adequate to reveal a person or vehicle at a distance of three hundred feet ahead." (Quoted from [url]http://apps.leg.wa.gov/RCW/default.aspx?cite=46.61[/url].) Which has nothing to do with my infraction. However, he did write "SPEEDING" on the ticket.

Any ideas? I'm going to court to fight this offense on July 11th. I don't think there was anyway he has enough time to radar me on that blind turn.

Thanks,

-Free

Is your legal question "AM I GOING TO WIN?" or do you have a different legal question?

[Freerider333]

Originally Posted by moburkes

Is your legal question "AM I GOING TO WIN?" or do you have a different legal question?

My legal question is "Do I have the right to view the radar?" If so, he didn't show me, so shouldn't I win my hearing?

[CdwJava]

Originally Posted by Freerider333

My legal question is "Do I have the right to view the radar?" If so, he didn't show me, so shouldn't I win my hearing?

No. You do NOT have a legal right to see the radar. In fact, it is a very unsafe thing for an officer to do for a variety of reasons. Most officers will not allow drivers to see their radar reading.

Plus, it has no legal bearing because you would have no idea whether it was you or someone he locked in an hour earlier ... or, if the reading was locked in after he observed a higher reading ... there is really little reason to see it.

- Carl

[Freerider333]

Originally Posted by CdwJava

No. You do NOT have a legal right to see the radar. In fact, it is a very unsafe thing for an officer to do for a variety of reasons. Most officers will not allow drivers to see their radar reading.

Plus, it has no legal bearing because you would have no idea whether it was you or someone he locked in an hour earlier ... or, if the reading was locked in after he observed a higher reading ... there is really little reason to see it.

- Carl

Well, how about him writing the wrong violaion number on the ticket? Shouldn't that alone get me off?

[CdwJava]

Originally Posted by Freerider333

Well, how about him writing the wrong violaion number on the ticket? Shouldn't that alone get me off?

What were you driving at the time? If it was a motorcycle or scooter, it looks good to me.

And if not, it might be that his handwritten number is ilegible.

- Carl

[Freerider333]

Originally Posted by CdwJava

What were you driving at the time? If it was a motorcycle or scooter, it looks good to me.

And if not, it might be that his handwritten number is ilegible.

- Carl

I was driving a truck. The number is clearly written.

I don't know...looks like you don't really want to help me.

[moburkes]

Originally Posted by Freerider333

I don't know...looks like you don't really want to help me.

You're kidding, right?

[Freerider333]

Originally Posted by moburkes

You're kidding, right?

Not at all. He's picking apart what I said. I asked a general question. Perhaps Im doomed...but, wow.... answer my post, not just one thing.

Sorry if I've offended anyone. I'm not trying to.

[CdwJava]

Originally Posted by Freerider333

Not at all. He's picking apart what I said. I asked a general question. Perhaps Im doomed...but, wow.... answer my post, not just one thing.

To correctly give you some direction, all the details need to be known. You can't just show up and ask if you have a defense ... how is anyone who was not present supposed to know? We apologize for not being mind readers.

Here was your original question:

Originally Posted by Freerider333
My legal question is "Do I have the right to view the radar?" If so, he didn't show me, so shouldn't I win my hearing?

You received the answers to that one. Additional answers are more difficult without details ... such as the vehicle you were driving and whether or not the written violation might have been misread by you.

In general, if the section cited is incorrect, then it could be dismissed ... UNLESS it is corrected prior to court, the judge or commissioner grants permission to amend at court, or you plead guilty to the offense for some reason (maybe to attend traffic school).

There are no guarantees.

If you want a better chance at winning, speak to a local attorney that specializes in traffic matters.

- Carl

[AHA]

Originally Posted by Freerider333

.looks like you don't really want to help me.

You have admitted that you were speeding and now you are asking for help to get out of paying the consequences for that on a LEGAL advice site????!!!!!! Pathetic!!!!!!!!!!!!

[Freerider333]

Originally Posted by AHA

You have admitted that you were speeding and now you are asking for help to get out of paying the consequences for that on a LEGAL advice site????!!!!!! Pathetic!!!!!!!!!!!!

Not really. To each their own. Thanks for being mature.

by me admitting that I was speeding, it doesn't mean that I was going to speed that was indicated. Besides, if there is a flaw in the system, and I can beat it, then why not?

[seniorjudge]

Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

[url]http://forum.freeadvice.com/showthread.php?p=854687#post854687[/url]

Public defender’s advice

[url]http://newyork.craigslist.org/about/best/sfo/70300494.html[/url]


Other people may give you other advice; stand by.

[AHA]

Originally Posted by Freerider333

Not really. To each their own. Thanks for being mature.

by me admitting that I was speeding, it doesn't mean that I was going to speed that was indicated. Besides, if there is a flaw in the system, and I can beat it, then why not?

You're the immature one, who can't even face the resonsibilities for breaking the law. Here's to hoping you'll get a moron judge, huh?!

[carrollton51]

Any chance he was citing you for something other than speeding to cut you a break? I have seen where they will cite you for a non moving violation, but usually notate the speeding just in case you fight it. Does it actually say 67 in a 50?