HOME LAW INSURANCE

Search      

Go Back   FreeAdvice Legal Forum > TRAFFIC LAW > Speeding and Other Moving Violations
Register FAQ Members List Calendar Search Today's Posts Mark Forums Read



               


Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 02-21-2007, 09:31 AM
Junior Member
 
Join Date: Feb 2007
Posts: 4

Help with Speeding ticket in Alabama


What is the name of your state? Alabama
i got pulled over by a city police this morning. he was a real smart ass. i asked him why i was being pulled over and he said speeding. he then proceeded to tell me that he had watched me for the past 2 mornings come down thru there speeding. ironic, i was at work the morning before at 6AM. anyway, he wrote the ticket. i asked him how he determined my speed. he said radar gun. i asked to see it. he told me no. i asked why, he said he didn't have to let me see it. he also said it was a safety concern for me being in his car. State troopers in alabama put you in there car while writing a ticket. anywho, what are my best chances of fighting and winning?

Thanks.
Reply With Quote
  #2  
Old 02-21-2007, 09:42 AM
Member
 
Join Date: Feb 2007
Posts: 456
Send a message via AIM to AlanShore
Quote:
Originally Posted by scotthawks View Post
i got pulled over by a city police this morning. he was a real smart ass.
You were a smart ass too.

Quote:
Originally Posted by scotthawks View Post
i asked him why i was being pulled over and he said speeding. he then proceeded to tell me that he had watched me for the past 2 mornings come down thru there speeding. ironic, i was at work the morning before at 6AM. anyway, he wrote the ticket.
You were speeding this morning, and got a ticket that morning. Previous mornings are irrelevant. He probably just was implying he saw you speeding on previous occasions.

Quote:
Originally Posted by scotthawks View Post
i asked him how he determined my speed. he said radar gun. i asked to see it. he told me no.
You have absolutely no right at all to see the radar gun, nor does he have any reason to show it to you.

Quote:
Originally Posted by scotthawks View Post
i asked why, he said he didn't have to let me see it. he also said it was a safety concern for me being in his car.
Good job. Pissed the cop off. It is a saftey concern for him to let you in the car. Never question a cop like that.

Quote:
Originally Posted by scotthawks View Post
State troopers in alabama put you in there car while writing a ticket.
I never heard of that.

Quote:
Originally Posted by scotthawks View Post
anywho, what are my best chances of fighting and winning?
Hiring a lawyer. With out that you will lose. Any chances you may have had at getting a reduction were probably lost when you pissed the cop off.
__________________
''It's as simple as this. You don't get on the stand and say, 'I'm sorry for not doing the right thing.' You testify, 'I did the right thing!' That's how you win lawsuits. You're right! Even when you're wrong.''-Denny Crane
Reply With Quote
  #3  
Old 02-21-2007, 09:52 AM
Junior Member
 
Join Date: Feb 2007
Posts: 4
FYI, i was not being a smart ass!! an why doesn't he have to show me, or at least have some sort of proof the he actually did clock me speeding? as for the state trooper, i got a ticket about 3 years ago from one, and that's exactly what he did, put me in the front seat beside him while he wrote the ticket. and why the hell shouldn't i question a cop about something?? is he beyond fault or mistakes?? i think not. i have the right to ask questions just as he does. anyway, not the point. is there a law or statute that says he does or doesn't have to show me the radar? if not, where might it be implied that he doesn't? just trying to find out the facts about what my rights are.

Thanks.
Reply With Quote
  #4  
Old 02-21-2007, 10:39 AM
Member
 
Join Date: Jul 2006
Location: MD, WV - formerly WA, UT, AL, MS and OR
Posts: 563
There is nothing clear cut on that in AL. FWIW, he could hold the reading from other vehicles to use on you... Bringing it up under your questioning would go toward the competancy of the witness. I.e what purpose did he have in hiding the reading from you, being evasive, etc. Example: if he were truly acting in his capacity as a public servant who is paid by the citizens of AL and was trying to make accurate measurements then he should be glad to have you confirm the reading... Not having it could mean a lot of things - he didn't have tracking history, he didn't hold the measurement, who knows.... Calibration of the unit is always a better avenue of attack.
__________________
_____________________________________________________
“[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.
Reply With Quote
  #5  
Old 02-21-2007, 11:39 AM
Junior Member
 
Join Date: Feb 2007
Posts: 4
trying to find law regarding calibration of radar gun units in AL, but to no avail. any ideas where I might find this, or what it is??
Reply With Quote
  #6  
Old 02-21-2007, 11:48 AM
Senior Member
 
Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 27,482
Quote:
Originally Posted by scotthawks View Post
trying to find law regarding calibration of radar gun units in AL, but to no avail. any ideas where I might find this, or what it is??
Google is your friend.
__________________
My signature is not working.
Reply With Quote
  #7  
Old 02-21-2007, 11:50 AM
Senior Member
 
Join Date: Jan 2001
Location: Washington state
Posts: 10,653
The place to question the officer is the court room, not the side of the road.
__________________
If you ask a question you don't want an answer to, expect an answer you don't want to hear.

No private messages, I do not reply to them.
Reply With Quote
  #8  
Old 02-21-2007, 11:54 AM
Senior Member
 
Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 27,482
Quote:
Originally Posted by racer72 View Post
The place to question the officer is the court room, not the side of the road.
True.

Add discovery to your list of stuff to Google.
__________________
My signature is not working.
Reply With Quote
  #9  
Old 02-21-2007, 01:15 PM
Junior Member
 
Join Date: Feb 2007
Posts: 4
Probably right, courtroom is the better place to question. anyway, thanks to everyone for your help. i'm sure i'll be back to this forum soon.

Thanks!!
Reply With Quote
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump



Find a Lawyer
Step 1:
Step 2:
 
Find a Lawyer
Post Your Case
Post your case and have it reviewed by a highly respected attorney. NO Cost, NO obligation, NO Fees! Get started now »
Get Legal Forms
Download 36,000+ forms »


All times are GMT -5. The time now is 11:15 PM.

Contact Us - FreeAdvice - Archive - Privacy Statement - Top                                        


IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.