"Caught Speeding": Officers Chatting, Big Truck Coming the other way

[Greylock52]

What is the name of your state (only U.S. law)? NY

On a county road, coming into a 35 zone from a 45 zone (and I was probably doing 50 in the 45 and slowing), I crested a hill and saw an 18-wheeler coming the other way, going very fast. At the same time my radar detector went off and for an instant, before the truck blocked the view, I saw two police cars facing opposite directions on the opposite of the road, with one of the cars partially hidden by some shrubs. I remember thinking, "he's gonna get it." I could see the two officers chatting away. I slowed down even more and was doing less than 35 and drove on. 30 seconds later I got pulled over and was told I was getting a ticket for doing 57! I argued a little, and the officer said he was cutting me a break and that the other officer had clocked me at 58. I would not be surprised if the truck going the other direction was going that fast. The other officer was situated so that he could not have hit me with radar until I has heading away from him, and by then I was going under 35.

The officer is a town officer.

A friend of mine was only a minute ahead of me. He saw the officers chatting away as well. I believe that while the radar did not lie, the vehicle tracking situation here is in question. Is there anything I can do?

Thanks,

 

[CdwJava]

You can make this argument at trial if need be. It seems a reasonable conclusion. But, the court may decide with the officer ... ya just don't know.

Get all the info you can on the radars in discovery, or hire an attorney to make the case for you.

- carl

 

[Greylock52]

what kind of information on the radar would I be looking for in discovery?

How do I know what the break-even point on the hiring of an attorney would be? I can pay for a ticket. It is the insurance increase that I want to avoid.

 

[CdwJava]

what kind of information on the radar would I be looking for in discovery?

How do I know what the break-even point on the hiring of an attorney would be? I can pay for a ticket. It is the insurance increase that I want to avoid.

I really don't know what the issues in your state might be. At the least, you would want to know the make and model of the radars used, and obtain a copy of the maintenance and calibration records. The make and model might tell you whether the radar is handheld or used in single or dual antenna mode (that means that it is affixed to the vehicle and can detect cars coming or going in one or two directions - depending on the model and the configuration). If it was a single directional radar configuration, then it would depend on which car hit you with the radar and where they hit you ... it could add to the possibility of a reading from the truck and not you.

Your best bet might be to consul an attorney. If your state is similar to mine, there are relatively low cost attorneys that specialize in traffic matters who could be of assistance.

- Carl