Officer lying about LIDAR?

[banjobanjo]

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

I received a bogus speeding ticket for doing 65 in a work-zone marked 50 mph while heading south on I-91. The weird thing is that I was pulled over miles south of any work area. I contested the ticket at my hearing, but the court found me guilty before I could substantiate a defense or even call in my witness (even though they knew she was there; they sent her out of the courtroom seconds prior). Immediately afterward, the clerk said "sorry, you'll have to appeal."

So I'm preparing for the appeal, and have received a copy of the court transcript. The officer claimed to have measured my speed by LIDAR at mile 10 of the highway. I was going south, and entered I-91 about 2 miles south of mile 10. I wasn't even on the highway at the point where I was supposedly captured on LIDAR.

Is this enough of a defense to have this bogus ticket thrown out? I do have a passenger witness, and also I can show that the route from my home to my destination doesn't come anywhere near to crossing the point at which I was supposedly LIDARed. Does that help?

 

[wrongsometimes]

the officer will testify to where he caught you ... you can testify its wrong ... who will win that argument?

 

[banjobanjo]

it doesn't matter if I have a witness?

 

[wrongsometimes]

it doesn't matter if I have a witness?

If the witness knows you then the judge will see them as not being impartial. Plus, judge may see it as "so what".

But LIDAR tickets are not impossible to win...

 

[HighwayMan]

I received a bogus speeding ticket...

So what was so bogus about it? Were you speeding?

The weird thing is that I was pulled over miles south of any work area.

Doesn't matter where you were pulled over. That's just not relevant.

Is this enough of a defense to have this bogus ticket thrown out?

No.

 

[wrongsometimes]

Sorry, you lost your trial. Are appealing to an appellate court? Or is this a new trial before a judge in the lower court?

 

[FlyingRon]

Your initial hearing on a Vermont violation was most likely at the judicial bureau and the rubber stamping clown you appeared before is not a judge but just the hearing officer. You need to promptly apply the appeal in the normal District Court. You'll need to make a $100 filing fee on that one. You need to decide if you really have any defense. Nothing you've stated is a slam dunk on your side.

 

[wrongsometimes]

Your initial hearing on a Vermont violation was most likely at the judicial bureau and the rubber stamping clown you appeared before is not a judge but just the hearing officer. You need to promptly apply the appeal in the normal District Court. You'll need to make a $100 filing fee on that one. You need to decide if you really have any defense. Nothing you've stated is a slam dunk on your side.

In VT, this "appeal" .. is a de novo trial? My state is somewhat similar with a rubber stamp "guilty" in the first hearing ... I don't even waste my time with arguing, just saying I'm not guilty...and file for the de novo trial.