Appealing a traffic case

[zman]

What is the name of your state? VA

Are there anything I need in appealing court case in VA?

I was stopped by an officer using a Lidar speed detector which had expired certification. In VA, the speed detector devices MUST be certified every six month. The last certification was Jan 10, 2007 and I was ticketed on July 18, 2007. The judge allowed (??).
On top of that, the officer who stopped me was not the same officer wth the one who clocked me and claimed I was speeding.

Do you think I have a chance?

 

[AlanShore]

What is the name of your state? VA

Are there anything I need in appealing court case in VA?

I was stopped by an officer using a Lidar speed detector which had expired certification. In VA, the speed detector devices MUST be certified every six month. The last certification was Jan 10, 2007 and I was ticketed on July 18, 2007. The judge allowed (??).
On top of that, the officer who stopped me was not the same officer wth the one who clocked me and claimed I was speeding.

Do you think I have a chance?

Not really.

 

[seniorjudge]

Not really.

And what do you mean by appealing?

Have you already had a trial?

 

[zman]

In VA, you have the right to appeal the court decision in 10 days.

I want to appeal based on the fact that:

1. the Lidar speed detector is out of its certification period.

2. my argument is that an officer (not the officer who used Lidar) stopped the wrong car (my car). There were for a fact another speeding cars in front of me when one officer was clocking the speed, but the car merged to the left lane hidding behind other cars. The officer who used Lidar speed detector said that he never took his eyes of my car. I say that is impossible. When I saw him after the speeding car merged to the left, he was running to his car, got into his car, and started the car. How could he do that without taking his eyes of my car? On top of that, the other officer who stopped me was another officer who was on motorcycle, who didn't have Lidar speed detector, and who was not in the court to testify.

 

[zman]

Appeal Right

In VA, you have the right to appeal the court decision in 10 days.

I want to appeal based on the fact that:

1. the Lidar speed detector is out of its certification period.

2. my argument is that an officer (not the officer who used Lidar) stopped the wrong car (my car). There were for a fact another speeding cars in front of me when one officer was clocking the speed, but the car merged to the left lane hidding behind other cars. The officer who used Lidar speed detector said that he never took his eyes of my car. I say that is impossible. When I saw him after the speeding car merged to the left, he was running to his car, got into his car, and started the car. How could he do that without taking his eyes of my car? On top of that, the other officer who stopped me was another officer who was on motorcycle, who didn't have Lidar speed detector, and who was not in the court to testify.

 

[seniorjudge]

In VA, you have the right to appeal the court decision in 10 days.

I want to appeal based on the fact that:

1. the Lidar speed detector is out of its certification period.

2. my argument is that an officer (not the officer who used Lidar) stopped the wrong car (my car). There were for a fact another speeding cars in front of me when one officer was clocking the speed, but the car merged to the left lane hidding behind other cars. The officer who used Lidar speed detector said that he never took his eyes of my car. I say that is impossible. When I saw him after the speeding car merged to the left, he was running to his car, got into his car, and started the car. How could he do that without taking his eyes of my car? On top of that, the other officer who stopped me was another officer who was on motorcycle, who didn't have Lidar speed detector, and who was not in the court to testify.

You brought this stuff up at court, right?

If not, you can't introduce new evidence in an appeal.

 

[FlyingRon]

You brought this stuff up at court, right?

If not, you can't introduce new evidence in an appeal.

Actually, you can. Traffic appeals (and anything else from GDC) are heard de novo in the circuit court in Virginia.

He might win on #1.

The #2 claim isn't going to get very far. There's no requirement in VA that the same officer issue the citation. The officer who made the LIDAR measurement testifies as to the car (description/license) and that's all it takes.

 

[zman]

Actually, you can. Traffic appeals (and anything else from GDC) are heard de novo in the circuit court in Virginia.

He might win on #1.

The #2 claim isn't going to get very far. There's no requirement in VA that the same officer issue the citation. The officer who made the LIDAR measurement testifies as to the car (description/license) and that's all it takes.

On #1, how do you think I should approach this?

On #2, one of the speeding car looked like mine (BMW 3 series). This is why I said the officer on motorcycle stopped the wrong car!

 

[zman]

You brought this stuff up at court, right?

If not, you can't introduce new evidence in an appeal.

Yes, everythin was broght up at the court. I was nervous and didn't think fast.

I realized that I should have argued on these points when I was outside the court room. Hence, I requested an appeal.

 

[seniorjudge]

Do the de novo thing...it means you get a new trial just like the old one didn't happen.