how would you handle a speeding ticket if you KNOW the radar gun was wrong?

[jd254]

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

I drive a Prius. I was barely doing 33 up this hill. (35mph zome btw) Prius arent known for great hill climbers... it does pick up speed quickly down a hill though.

onec I reached the top of the hill and over, the car quickly accelerated as it goes down a swervy hill. Naturally, I applied the brakes to slowly lower my speed. It was 39mph (I will be saying 30's in court to avoid admitting to anything).

A police officer in his marked vehicle goes around the turn (the first officer clocked me at 43, the second police officer later informed me)

the second police officer in his unmarked vehicle passed me 3 seconds later and clocks me at 47?!?!?!?

I was applying the brakes the entire time, and I applied even more when the first officer passed me. How did my speed increase?

this isn't fair! one moment I'm going 33 and the next I'm doing 47 as I'm braking?

Equipment Operator's Name: "CAR 4 MOV"
Operator ID N.: "F/A" i think that's what he wrote
Unit Code: 0.3

what should I do?

 

[Gail in Georgia]

So your contention is that not one but two radar guns were wrong?

And you can prove this how???

Gail

 

[startedone]

So your contention is that not one but two radar guns were wrong?

And you can prove this how???

Gail

You think 2 cops are going to go to the trial? No. Only the one who issued will go.

The OP has a speeding ticket defense to prepare. If they so choose to contest it. They have not indicated that they plan to go this route.

 

[jd254]

So your contention is that not one but two radar guns were wrong?

And you can prove this how???

Gail

I was riding my brakes going under 40 before I was even aware of any other car... I only slowed down further once I saw the police vehicle.

you don't seem to believe what I'm saying... I can't do anything about that.

How can I prove anything?

 

[startedone]

I was riding my brakes going under 40 before I was even aware of any other car... I only slowed down further once I saw the police vehicle.

you don't seem to believe what I'm saying... I can't do anything about that.

How can I prove anything?

YOU don't have to prove anything..the state does. You going to contest?

 

[Silverplum]

YOU don't have to prove anything..the state does. You going to contest?

And what does the State use to prove their case?

 

[jd254]

YOU don't have to prove anything..the state does. You going to contest?

I would like to. Any advice?

I've been driving like a grandma for 5 years and all my points are now zero... there's no way I'm pleading guilty for speeding while I was riding my brakes in a Prius....

 

[xylene]

Hire a traffic ticket defense firm.

Your pro se assertion that you were "goin' 30-ish..." vs the state's evidence = You lose.

 

[jd254]

Hire a traffic ticket defense firm.

Your pro se assertion that you were "goin' 30-ish..." vs the state's evidence = You lose.

I know I was going 39... if I say that, they will give me a ticket for going 39 mph in a 35mph zone. What would you recommend I say?

 

[xylene]

I know I was going 39... if I say that, they will give me a ticket for going 39 mph in a 35mph zone. What would you recommend I say?

Why would they do that?

You are trying the "I'm guilty and I admit it but I'm not as guilty as you say" defense.

It doesn't work like that.

 

[antrc170]

The police are going to present as evidence against you

A)The issuing officers testimony to your speed via the reading he/she observed from the radar unit.

B)Radar calibrations for the unit used to check your speed.

Unless you can show that one of those two things is wrong, you'll lose.

Some things that may help your case, but are not guaranteed:

A)If the officer fails to testify that the unit was tested before/after shift to test for accuracy, you can ask the judge to dismiss the case on the grounds the state failed to provide evidence of a working radar unit.

B)Ask the officer for calibration records for the unit used. Most states require certifications of the tuning forks (or other instruments) every 6 months. If they are out of date or the officer doesn't have them, you can ask for a dismissal on that grounds.

 

[jd254]

Why would they do that?

You are trying the "I'm guilty and I admit it but I'm not as guilty as you say" defense.

It doesn't work like that.

I know it doesnt. I'm not going into the debate with you of whether a person is truly "speeding" if they are going 4 miles over the limit.

I'm more concern with the 47.

 

[jd254]

The police are going to present as evidence against you

A)The issuing officers testimony to your speed via the reading he/she observed from the radar unit.

B)Radar calibrations for the unit used to check your speed.

Unless you can show that one of those two things is wrong, you'll lose.

Some things that may help your case, but are not guaranteed:

A)If the officer fails to testify that the unit was tested before/after shift to test for accuracy, you can ask the judge to dismiss the case on the grounds the state failed to provide evidence of a working radar unit.

B)Ask the officer for calibration records for the unit used. Most states require certifications of the tuning forks (or other instruments) every 6 months. If they are out of date or the officer doesn't have them, you can ask for a dismissal on that grounds.

thank you. I will reference this if all else fails. I decided I will write a letter to the police officer and try to talk to him today if he's still on duty.

 

[xylene]

I'm not going into the debate with you of whether a person is truly "speeding" if they are going 4 miles over the limit.

There is no debate. A person is speeding as a matter of law (in most states I am familiar with) if they are traveling even 1mph over the speed limit.

People can and do receive +1mph tickets and can and do lose in court for them.

I truly doubt that you can handle going pro se, if your strategy is to admit you are speeding.

That is why I suggested getting a traffic ticket lawyer. Pay an expert now and avoid or mitigate the costs of a ticket.

 

[jd254]

There is no debate. A person is speeding as a matter of law (in most states I am familiar with) if they are traveling even 1mph over the speed limit.

People can and do receive +1mph tickets and can and do lose in court for them.

I truly doubt that you can handle going pro se, if your strategy is to admit you are speeding.

That is why I suggested getting a traffic ticket lawyer. Pay an expert now and avoid or mitigate the costs of a ticket.

i know this. I said truly "speeding" since speeding usually mean driving too fast. too fast is a relative term, but the law defined it as 35mph so that is what I must follow. outside the law, I feel going 1 or 4 mph over the limit is not truly speeding. I don't think I was going too fast. I think my speed was reasonable, even with being 4 mph over the limit. I was only pulled over today because today, EVERYONE is getting pulled over. My sister just informed me she noticed 6 other people getting pulled over. As you can see, the officers motives aren't so clear. They are not trying to stop reckless, careless, dangerous drivers. Any other day, the officer wouldn't take a second look at my speed because as I said, it was reasonable.

my strategy is to not admit I was speeding. my strategy is to try to plead with the officer before the court date. If that doesnt work, I will tell the judge I happened to be going down a hill which caused the vehicle to pick up more speed than I preferred, and I was decelerating the entire time.

I also want to convey that I was watching my speedo and it was at a reasonable speed, without saying 39. You say I cannot do this. so I won't.

what more can a traffic lawyer do but ask for a better sentencing?