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  #1  
Old 01-10-2003, 01:03 PM
dimmie
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Pulled over for speeding


What is the name of your state? Tennessee

i have several questions. first, does this (the rule that an officer doesn't have to show you his radar/laser gun) apply everywhere, including where i was stopped, Lavergne, TN? what if you knew you weren't going the speed the officer claims? when i asked him if his radar showed that i was driving 56 in a 40 zone, he refused to say whether it did or not. instead he argued "how fast do you think you were going?" i told him i wasn't sure but definitely not even 50 miles an hour. he then said "well you were going 56 miles per hour because I SAY you were going 56 miles per hour". this doesn't sit right with me. is the time and speed saved on these radar/laser guns the officers use? what can i do, now?
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  #2  
Old 01-10-2003, 01:57 PM
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It was a federal court that decided radar guns do not have to be shown. That means there is no requirement anywhere in the US to show the gun. The radar gun is only a tool for an officer to use in traffic enforcement. It does not save the speed. Radar guns send out pulses every one to three seconds, if there is any change in speed of the car being radared, it will show. The officer may have zapped you for 10 seconds and got 10 different numbers, he selects the one he wants to use and the citation is written. The only challenge you can make to the radar gun is whether it has a valid certification (usually certified once a year) and was tested (with a tuning fork) prior to use on that day. You can ask for copies of the certification report for the radar gun and the officers traffic stop report to check for any discrepancies. Most police officers, besides testing the radar gun prior to the start of their shift, will test it after each stop that results in a citation and those test results will also be on the officers report. There could also be local issues or laws that could help your cause, I would suggest you contact a local attorney familiar with your local laws for advice.
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Old 01-11-2003, 10:45 AM
Kaz the Minotau
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How do you know that you weren't going over 50? What certified speed timing devices did you use to test your speed?
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  #4  
Old 01-15-2003, 01:22 PM
dimmie
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Thank you racer72 for your reply. I appreciate it.

As for Kaz, in case you are confused, this forum is for advice. You didn't have any to give so you shouldn't have even replied.

How do you know that I wasn't driving under 50mph? I've been driving for over 14 years now, in 7 different states without a single violation. I find it highly suspect that the officer was never able to admit that he was in possession of a (certified) radar gun that showed that I was actually driving 56mph. Why did he choose to argue with me instead? Perhaps it was because he knew he was lying. Afterall, he's only human and is bound to make errors or have certain prejudices against certain drivers. I didn't mention this before, but after this all happened, he allowed another driver to not only speed by him, but to catch up to me, and then tailgate me all the way to the next traffic light. When I pulled back onto the highway, that other car had been nowhere in sight. I had my cruise control set at 40mph. So, how was the other driver able to catch up to me? I also didn't mention that I was driving in a county where most of the people "don't look like me". Unless you are deficient of mind, you know exactly what I mean by this.

In any case, the officer pulled me over. He then charged me. The burden of proof falls to him. I absolutely am in no need of such devices, certified or otherwise.
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  #5  
Old 01-15-2003, 04:18 PM
Mike101
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I once worked with an officer who would stop a car that he felt was speeding and then ask the driver how fast they thought they were going. When the driver answered the officer added 2 miles an hour figuring the people let off the gas when they saw him and slowed down at least that much. The people who wouldn't answer he would write a warning. He is no longer a police officer.
If an officer is secure in what they are saying there will be no reason to argue with you.
Fight it in court. No time and speed are not saved.
Does your citation state what speed measuring instrument was used?
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  #6  
Old 01-16-2003, 02:41 AM
Kaz the Minotau
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Lucky for you I'm not confused or deficient of mind. I just asked (2) simple questions...calm down. Here in PA we can't cite someone for speeding unless we know the exact speed. Why would an officer use a radar unit that isn't properly calibrated/tested knowing that they would loose in court? Or why would an officer make up a totally false statement knowing that he could be charged criminally? I have yet to figure out how to stop 2 vehicles at once. Maybe he was talking on the phone, picking his nose, or writing something when the other car went by. Let us know if you win or loose. Have a nice day!
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