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09-05-2007, 02:39 PM
| | Junior Member | | Join Date: Sep 2007
Posts: 2
| | | Officer declares my speed, didn't indicate radar
What is the name of your state? New Hampshire
The officer that pulled me over today declared that I was going 49 in a 30, instead of the usual, "Do you know why I pulled you over today?" I'm fairly certain I wasn't going 49 (I would have been in 5th gear, but was in 4th), but that's not the point.
On my ticket, the officer didn't check the method of determining speed (Aircraft, clock, RADAR).
Is this something worth fighting? The precision of the officer's declaration lead me to believe he was using RADAR, but can that be used in a trial if it's not flagged on the ticket?
Any advice?
Thanks. |
09-05-2007, 02:40 PM
| | Senior Member | | Join Date: Aug 2005 Location: St. Odo of Cluny Parish
Posts: 27,444
| | Quote:
Originally Posted by Xymurgy  What is the name of your state? New Hampshire
The officer that pulled me over today declared that I was going 49 in a 30, instead of the usual, "Do you know why I pulled you over today?" I'm fairly certain I wasn't going 49 (I would have been in 5th gear, but was in 4th), but that's not the point.
On my ticket, the officer didn't check the method of determining speed (Aircraft, clock, RADAR).
Is this something worth fighting? The precision of the officer's declaration lead me to believe he was using RADAR, but can that be used in a trial if it's not flagged on the ticket?
Any advice?
Thanks. |
I don't see anything in your post that would let you off the hook.
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09-05-2007, 03:43 PM
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Originally Posted by Xymurgy W I'm fairly certain I wasn't going 49 (I would have been in 5th gear, but was in 4th), but that's not the point. | Okay I could not help myself... if my car was in 5th gear I would be doing well over 140 and 4th would put me at 120 easily.
Anyway, you could fight this and if the officer says he estimate it you could challenge it pretty easily, if he tries to say radar or something else, you object and say how do you know since there is nothing on the ticket that says it was what exactly he use. Did he list the model or serial number and last Cal date.
Some states have requirements on what minimally required on the citation to make it valid, this could be considered a fatal error. |
09-05-2007, 04:00 PM
| | Junior Member | | Join Date: Sep 2007
Posts: 2
| | Quote:
Originally Posted by Maestro64 Okay I could not help myself... if my car was in 5th gear I would be doing well over 140 and 4th would put me at 120 easily.
Anyway, you could fight this and if the officer says he estimate it you could challenge it pretty easily, if he tries to say radar or something else, you object and say how do you know since there is nothing on the ticket that says it was what exactly he use. Did he list the model or serial number and last Cal date.
Some states have requirements on what minimally required on the citation to make it valid, this could be considered a fatal error. | Maybe I drive standards incorrectly, but I try to keep the tach ~2k on flat road. Or is that a metric joke? Oh, I think I get it now.
But I digress. There is nothing on the ticket about RADAR whatsoever. The reason I'm asking this question is whether or not this is a fatal error (in NH). |
09-05-2007, 04:08 PM
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Posts: 13,281
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Originally Posted by Xymurgy Maybe I drive standards incorrectly, but I try to keep the tach ~2k on flat road. Or is that a metric joke? Oh, I think I get it now.
But I digress. There is nothing on the ticket about RADAR whatsoever. The reason I'm asking this question is whether or not this is a fatal error (in NH). | Maybe he didn't use radar 
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