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Dispositional Conference

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DAS

Junior Member
What is the name of your state? SD

Okay everyone please let me know good or bad.
I was stopped for speeding - going 63 in a 50mph. zone. I was heading into town downhill 8% grade as I was approaching and knowing this is a very dangerous curve. (several people have died because its a cliffside). I had my husband and 16 year old son with me. Bright, hot, dry afternoon. No sun in eyes. I hit those warning bumps in the road and applied my brakes checked my speed because I don't like to do more that 40 around this curve. Coming up hill in the opposite direction is the Police, he rounds the curve hits his brakes (see car front nose going down) and he slightly swerves to the shoulder and comes back on. I didn't think for a second it was me thought he had an emergency call and had to get back into town. I can't see him anymore because I'm around the curve, but yes here he is and follows me downhill approx. 4 blocks and then pulls me over. Comes to the window asks for DL, insurance. I give it to him. Husband says whats wrong. The officer doesn't reply he goes to his vehicle and when he comes back says good your Insurance is current. You were going 63 mph. I shook my head no, My husband says noway.
After that the Officer says I will reduce your ticket to 60 in 50 mph this will save you $80.00I didn't say anything, end of meeting, reviewing my ticket it states he got me with radar. I go to fight my ticket, first time ever, I hadn't had a ticket in 10 years which I paid and before that 17 years. So I plead not guilty now here is where I realized that you either plead guilty, fined, sentenced if applies and go home. Not guilty you get another date for a Dispositional Conference. Not knowing what this was I took myself back there with my family and we sit through one. 3 prosecutors called the offenders up, chat, some go home some stay. The ones that stay go before the Judge etc these were DUI, driving with no insurance, on suspended license I saw no speeding issues but maybe that day there weren't any, I don't know couldn't here the prosecutors and their conversations. I wish I would have gone after one of the 4 who walked out (15 people total there) and questioned them but I didn't know. So any advice on what to say and not to say in a Dispositional Conference.
 


The Occultist

Senior Member
Well...if you were driving around a curve, and he was driving opposite direction of the same curve, then I highly doubt the officer observed you for a long enough distance to get any sort of accurate reading. Obviously, it would depend on just how much of a curve it was, and which way the curve formed. If the curve formed in such a way that you could see the LEO the whole time, then he might have something. I'm guessing, however, that from your perspective that the road was curving to the right, so the officer couldn't have observed you until immediately as he was passing you, which is not enough distance (most of the time, a minimum observation distance is 1/8 of a mile, meaning the officer has to watch you drive at that speed for a minimum of 1/8 of a mile to assert that he has an accurate reading). You should research what such a minimum distance might be for your state and see if you can get anywhere with that.
 

DAS

Junior Member
Dispositional conference/Bench Warrant

Thank you for your advice. My husband and I did go back when I had to appear for my Dispositional conference and took measurements. Fortunately there are road markers that were blazed into our minds when this occured. such as I just past the set of mail boxes (looked at the for sale sign there, I used to be a realtor) and there was a marker indicating where someone had died in that spot across the road I always look at that spot because we knew him. I always see the cross and flowers I know where the officer was in comparision to that.
I went to this Dispositional conference believing as I had seen when I visited one that a plea bargain is usually discussed. It wasn't with me, the prosecutor asked me what do I what to do? I didn't know what she meant being I have never been in this situation before and asked her. She replied I have two options, guilty or not guilty -( I thought that was what I did at the first hearing). Not guilty & she walked over with me gave me a new trial date with the court clerk in there and gave me instructions on how to look for where my trial will be heard and it's informal but to make sure I'm there 20 minutes before Court.
After the Conference I left and came home. Today, I was toldy by a friend I needed to stay and go before the Judge and a bench warrant was probably issued to me. So now who do I call to find this out. I appeared there, she called my name out. I got a new date. The only people I saw go before the Judge was plea bargains.
Any thoughts-anyone?
 
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DAS

Junior Member
Ticket info

Once again thank you. I feel stupid that I should know these things. Its that simple, okay.
I do have a question for anyone who reads this. Can you tell me why you have to give your occupation on a ticket? Does it have any effect on how they treat you? I will tell you that I am a homemaker thats what the office put down since I told him I am a stay at home mom. Just curious
Thanks
 
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cepe10

Member
Moving radar w/ the patrol vehicle and the target vehicle both moving is a much more difficult measurement. the patrol car also has to have a calibrated speedometer in addition to the calibration for the radar unit itself and the tuning forks...

on a curve it is impossible to get the proper tracking distance to get a measurement with any confidence.

you have witnesses which will certainly help you case as well.

occupation on the ticket??? sounds unconstitional to me - occupation would only pertain to CDL if at all...
 

DAS

Junior Member
Where do I go?

Hello,
Thank you.
I do have witnesses and of course they are coming with me to court . I also have done measurements and Earth Google and found the exact location of the curve and I'm taking it from there. Now as to this information that could be unconstitional. Any direction as to where I can find out if this information is unconstitional. Where do I begin to search?
Thanks again
 

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