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  #1  
Old 05-16-2007, 03:54 PM
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Cvc 40902

What is the name of your state? CA

Situation: I received a speeding ticket. Officer said I was going 'about' 70 when I asked "what I was being pulled over for?" I asked for proof because I truly believed he had eye balled me. He looked at me and said, "um...yeah...okay." He never even ran my license and then came back for me to sign it. I asked for the proof and he kept repeating but stumbling on the words "you can't go to my car..." I said, then how about a calibration ticket?" He just kept on repeating that I could not go to his car.
What's up with that?? I plead not guilty and requested a trial by declaration. Could this save me?What is the name of your state?
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Old 05-16-2007, 09:09 PM
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Quote:
Originally Posted by kittymeow
Situation: I received a speeding ticket. Officer said I was going 'about' 70 when I asked "what I was being pulled over for?" I asked for proof because I truly believed he had eye balled me. He looked at me and said, "um...yeah...okay." He never even ran my license and then came back for me to sign it. I asked for the proof and he kept repeating but stumbling on the words "you can't go to my car..." I said, then how about a calibration ticket?" He just kept on repeating that I could not go to his car.
What's up with that?? I plead not guilty and requested a trial by declaration. Could this save me?What is the name of your state?
There is no law saying he had show you the radar. You can obtain the radar information through discovery prior to trial.

Also, as an FYI, officers trained in the use of radar are trained to make visual estimation and then have it confirmed by the radar. So, yes, he DID eyeball you ... then he apparently hit you with the radar as well. Even if he didn't hit you with radar, his eyeballing may well be good enough for the court if he is radar certified ... or, if you were doing 70 in a zone where the speed limit was 45 or less.

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  #3  
Old 05-17-2007, 09:58 AM
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Quote:
Originally Posted by Curt581 View Post
Please post a link to the California law which grants citizens the right to see or inspect a police radar unit at the time of the traffic stop.

Please post a link to ANY police radar unit manufacturer that produces a radar unit that prints out a Calibration Ticket.

The evidence is lost once the officer leaves the scene - serial number of the unit being used etc. - that is covered under the rules of evidence and chain of custody. Refusal would preclude the use of the evidence in court in anything but a kangeroo kourt.
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  #4  
Old 05-17-2007, 10:07 AM
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Quote:
Originally Posted by kittymeow View Post
What is the name of your state? CA

Situation: I received a speeding ticket. Officer said I was going 'about' 70 when I asked "what I was being pulled over for?" I asked for proof because I truly believed he had eye balled me. He looked at me and said, "um...yeah...okay." He never even ran my license and then came back for me to sign it. I asked for the proof and he kept repeating but stumbling on the words "you can't go to my car..." I said, then how about a calibration ticket?" He just kept on repeating that I could not go to his car.
What's up with that?? I plead not guilty and requested a trial by declaration. Could this save me?What is the name of your state?
At least make him come in and lie under oath on the stand... They need to be NHSTA certified for radar/laser and follow the proper procedure and the highway safety deskbook etc. does not include a "guestimating" technique to speed measurements.
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“[w]hen a statute is clear and unambiguous and the legislative intent is plain, the statute should not be interpreted by the courts, and in such case it is the duty of the courts not to construe but to apply the statute.”

"The right to travel is a part of the liberty of which the citizen cannot be deprived without due process of law under the 5th Amendment." Kent v. Dulles, 357 US 116, 125.
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  #5  
Old 05-17-2007, 10:32 AM
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Quote:
Originally Posted by cepe10 View Post
The evidence is lost once the officer leaves the scene - serial number of the unit being used etc. - that is covered under the rules of evidence and chain of custody. Refusal would preclude the use of the evidence in court in anything but a kangeroo kourt.
Now I know you are making this up as you go along...
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  #6  
Old 05-17-2007, 12:23 PM
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Quote:
Originally Posted by cepe10
The evidence is lost once the officer leaves the scene - serial number of the unit being used etc. - that is covered under the rules of evidence and chain of custody. Refusal would preclude the use of the evidence in court in anything but a kangeroo kourt.
I have yet to ever hear of a driver asking for the serial number, make and model of the radar unit used. They ask to see the reading ... and even THAT can be faked if one wanted to. The number locked in could be friom ANY car - not necessarily the one the driver was in. Plus, there is a possibility that the highest speed was NOT locked in - that actually happens with some frequency.

Like any testimony, the court is free to believe it or not.

There is no right to see the radar.

- Carl
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"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
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  #7  
Old 05-17-2007, 12:27 PM
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Quote:
Originally Posted by cepe10
At least make him come in and lie under oath on the stand... They need to be NHSTA certified for radar/laser and follow the proper procedure and the highway safety deskbook etc. does not include a "guestimating" technique to speed measurements.
Radar certified officers ARE trained in visual estimation, and such estimations DO stand up in court just fine - especially when the speed is greatly in excess of the speed limit where cited for unsafe speed.

- Carl
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A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
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....author unknown
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