Radar speeding ticket

[Susancnw]

What is the name of your state? CO

I would like to fight a radar speeding ticket. The speed limit IS posted - and I believe it is about a mile before the camera. There is not notice that speed is checked by camera (not sure if that is a CO requirement). I actually did not recall there was a speed limit in that area and remember wondering about it sometime around that period. After I received the ticket, I did finally find it.)

I believe I have some valid questions that I can use to argue with, but I do understand that it depends on the judge.

1. As this is a radar ticket, I am not allowed to confront my actual accuser, but instead I am being accused and confronted via proxy in the form of the city of FC. Is that constitutional? (This is my biggest problem with camera tickets. I am not allowed to be confronted by my actual accuser.
2. When was last maintenance done on this camera?
3. Was the maintenance performed by a certified, licensed speed radar engineer?

What else do I need to do?

Thanks,

S

 

[Zigner]

Were you speeding?

 

[Susancnw]

Yep - I'd have to look at it again, but around 10 MPH over - from what I've read though, I think that is within the margin of error - and it was on a curve so how accurate would that be?

Believe me, I am researching it - and I honestly had never seen the speed limit sign. It was a new route for me and maybe the 4th or 5th time I'd gone that way.

 

[efflandt]

On a curve you would actually be going faster than the radar would indicate. Ie, it indicates how fast you are approaching the radar, but you are taking a long path (the arc), so you are actually going faster than it sees.

 

[Hey There]

Bits of information from the internet

3-18-08

Susancnw

I would like to fight a radar speeding ticket

Regarding Discovery for traffic infractions in Colorado.
15.1 Discovery shall not be available prior to final hearing.
15.2 At the time of final hearing, the defendant is entitled to inspect all documents prepared by the officer which the officer intends to use in the presentation of evidence
***************
Information on Colorado Court Rules can be found by typing in CO. Discovery Rules for traffic infractions in Google Search Window and clicking on the following two websites.
1. Colorado Traffic Infraction vs. Crime - Colorado Springs Attorney ... The first part refers to traffic infractions
2.Colorado Speeding Ticket Defense - Colorado Springs Attorney (All Speeding Info)
No right to jury trial,or trial by declaration for traffic infractions in Co.
******************
A website written for California drivers cited for Red Light Camera violations has a list of questions to ask the officer in court some of which might apply to a camera radar speeding violation.
Google Search Red Light Camera Defence
Click on Strategy
*********************
Terrain error . Radar always reads in a straight line. Radar cannot read around a turn as reported in the website Speeding Ticket--Fighting or Plea Bargaining which lists 12 more ways radar can give a false reading.

A driver always has the right to enter a not guilty plea. When the driver does this, the driver is asking the court to prove the charges against him or dismiss the case.

Best Regards,
Hey There

 

[Susancnw]

Thanks so much. I can usually find stuff, but I was not using the correct phrasing I guess. I'm just annoyed that a camera can be set out for unlimited amounts of time, no real maintenance, etc and then we pay the tickets w/o a real accuser and I am sorry, people of the State of CO is NOT an accuser.

 

[Susancnw]

Really?

Then why are criminal complaints titled "People of the State of Colorado vs John Smith, Defendant" ?

My understanding in speeding tickets that it negates the necessity for actually having an officer write the ticket.

I'm also trying to find into on a CO definition of speed trap. I think it was a van-mounted radar, which means it is not always there. Unless it is recalibrated every time that it is moved, then I do not see how it can be guaranteed to be accurate. And it would have to be recalibrated by a certified tech each time it was moved, which seems it would be less than cost-effective.

 

[Susancnw]

More information

I just found out this AM that the person who issues the red camera speeding tickets is not a city/state LEO but is a sub-contractor. Trying to find out if he subs for the city or PD itself. What will this do?

 

[racer72]

this is a radar ticket, I am not allowed to confront my actual accuser

and then we pay the tickets w/o a real accuser

Please state where you obtained this information. There is no constitiution right to face one's accuser. The closest is the following:

To be confronted with the witnesses against one.

This gives you the right to question those that bear witness to the offense, you are given the power of the court through the subpeona process to compel those individuals to appear in court. Subpeona everyone in the state from the Governor on down and question away.

 

[Susancnw]

Thanks much.

But I don't trust the governor**************......

 

[DaveInPhx]

Yep - I'd have to look at it again, but around 10 MPH over

bzzzzzzzt Wrong answer. The correct answer is "I don't believe I was traveling at the speed reported by the officer/photo radar unit." If you're going to fight this ticket, you need to adopt this mentality. Otherwise, you acknowledge you were violating the law in which case just go ahead and send in your fine.

 

[Susancnw]

Yes, sir!

From what everyone I talk in CO tells me, I will not win. However, I have a varied legal background, and I am mostly curious about the reasoning and the whys behind the law...I am hoping that I get a judge who won't be annoyed at 'educating' me on the topic. Call it a genuine curiosity to the way the law works (extensive family background in law/legal on both sides). If I can get a judge to actually explain to me the background on it...I'd consider that a sort of win. And if my questioning makes THEM think again, then that is a definite win to clarify the situation.

I'm not a person to just send in my money w/o explanation. I understand that life is not fair, and I don't expect it to be. BUT, I do expect a reasoned and sensible explanation for the way that it works and the reasons. Part of my problem with CO's DMV period is the fact that it is directly connected to the Dept of Revenue. That is who you write out checks to for tickets, for car tags or licensing of any sort. WHich tells me the state sees this strictly as a money cow and is up front about it.

 

[DaveInPhx]

Yes, sir!

From what everyone I talk in CO tells me, I will not win. However, I have a varied legal background, and I am mostly curious about the reasoning and the whys behind the law...I am hoping that I get a judge who won't be annoyed at 'educating' me on the topic. Call it a genuine curiosity to the way the law works (extensive family background in law/legal on both sides). If I can get a judge to actually explain to me the background on it...I'd consider that a sort of win. And if my questioning makes THEM think again, then that is a definite win to clarify the situation.

I'm not a person to just send in my money w/o explanation. I understand that life is not fair, and I don't expect it to be. BUT, I do expect a reasoned and sensible explanation for the way that it works and the reasons. Part of my problem with CO's DMV period is the fact that it is directly connected to the Dept of Revenue. That is who you write out checks to for tickets, for car tags or licensing of any sort. WHich tells me the state sees this strictly as a money cow and is up front about it.

My position is if you know you were speeding, pay the fine. If you don't know for sure and you're relying on the photo radar reading to tell you you were speeding, you should question it. The answer you gave when asked if you were speeding indicated that independent of the photo radar citation, you weren't sure you were speeding.

There is no doubt that this method of issuing tickets generates revenue with very low overhead. If you're looking for a judge to admit that to you, however, you're in for disappointment and you run the risk of annoying the judge if you ask for an explanation of the law.

 

[Susancnw]

My position is if you know you were speeding, pay the fine. If you don't know for sure and you're relying on the photo radar reading to tell you you were speeding, you should question it. The answer you gave when asked if you were speeding indicated that independent of the photo radar citation, you weren't sure you were speeding.

There is no doubt that this method of issuing tickets generates revenue with very low overhead. If you're looking for a judge to admit that to you, however, you're in for disappointment and you run the risk of annoying the judge if you ask for an explanation of the law.

I honestly don't know. I do wish that law enforcement (LEOs, Judges, etc) would be willing to explain a bit - I'm not an idiot, but I do wish to understand the whole thing...and thanks!