Recieved a speeding ticket! Possible entrapment

[nicholasp]

I was driving in Oklahoma. I passed 2 cops that had people pulled over. Then about a mile up the road I saw another cop that had someone pulled over also. I wasd doing 80 in a 60 and slowed down when I saw the first 2 cops. The third cop I had passed pulled me over. I asked to see the radar gun and he told me to turn around go back 2 exits and look on the service road. I did just that. When I got there the cops where hiding behind the Jersey Barriers on the highway barely able to see over them radaring people. They had a line of 4 cars getting ready to pull people over. I asked them to see the gun and they told me they did not have my speed on the gun. But the way they were radaring people looked like entrapment, they also pulled me over about 2 miles away from the spot they were radaring people. PLEASE HELP! I can't afford this ticket, anyone with a little Oklahoma law knowledge please drop me a line. I also took pictures of how the cops were radaring with my camera phone.

 

[I AM ALWAYS LIABLE]

I was driving in Oklahoma. I passed 2 cops that had people pulled over. Then about a mile up the road I saw another cop that had someone pulled over also. I wasd doing 80 in a 60 and slowed down when I saw the first 2 cops. The third cop I had passed pulled me over. I asked to see the radar gun and he told me to turn around go back 2 exits and look on the service road. I did just that. When I got there the cops where hiding behind the Jersey Barriers on the highway barely able to see over them radaring people. They had a line of 4 cars getting ready to pull people over. I asked them to see the gun and they told me they did not have my speed on the gun. But the way they were radaring people looked like entrapment, they also pulled me over about 2 miles away from the spot they were radaring people. PLEASE HELP! I can't afford this ticket, anyone with a little Oklahoma law knowledge please drop me a line. I also took pictures of how the cops were radaring with my camera phone.

My response:

You're just going to have to get a job and "afford it". It's not "entrapment". Did the police entice you to speed? Did they tell you to speed? Did someone from the State hold a gun to your head? No!

You did this all to yourself, and there's nothing that the cops did wrong.

IAAL

 

[seniorjudge]

Trapped? Definitely.

Entrapped? Not even close.


Definitions of Entrapment on the Web:

The inducement, by law enforcement officers or their agents, of another person to commit a crime for the purposes of bringing charges for the commission of that artificially-provoked crime. This technique, because it involves abetting the commission of a crime, which is itself a crime, is severely curtailed under the constitutional law of many states.
www.duhaime.org/dictionary/dict-e.htm

The act of officers or agents of a government in inducing a person to commit a crime otherwise not contemplated for the purpose of instituting a criminal prosecution against that person.
www.montgomerycountymd.gov/mc/judicial/circuit/glossary/glossary.html

The act of officers or agents of a government in inducing a person to commit a crime not contemplated by him, for the purpose of instituting a criminal prosecution against him.
www.unt.edu/cjus/Course_Pages/glossary.htm

A defense to criminal charges alleging that agents of the government induced a person to commit a crime he or she otherwise would not have committed.
www.nacmnet.org/Glossary.html

A situation in where personnel are unexpectedly caught in fire behavior-related, life threatening position where planned escape routes or safety zones are absent, inadequate, or compromised. An entrapment may or may not include deployment of a fire shelter for its intended purpose. These situations may or may not result in injury. They include near misses.
www.erh.noaa.gov/er/gyx/firewx_definitions.html

A situation where personnel are unexpectedly caught in a fire behavior-related, life-threatening position where planned escape routes or safety zones are absent, inadequate, or compromised. An entrapment may or may not include deployment of a fire shelter for its intended purpose. These situations may or may not result in injury. They include "near misses."
www.fourcornersforests.org/wildlandterms.shtm

The act of inducing a person to commit a crime so that a criminal charge will be brought against him.
www.seniormag.com/legal/glossary/e.htm

A situation where personnel are unexpectedly caught in a fire behavior-related, life-threatening position where planned escape routes or safety zones are absent, inadequate, or compromised. An entrapment may or may not include deployment of a fire shelter for its intended purpose. These situations may or may not result in injury.
www.fs.fed.us/r2/fio/dict.htm

The inducement, by law enforcement officers or their agents, of another person to commit a crime for the purposes of bringing charges for the commission of that artificially provoked crime. This technique, because it involves abetting the commission of a crime, which is itself a crime, is severely curtailed under the constitutional law of many states. Strictly speaking it is not a plea available in UK courts, where 'agent provocateur' is the equivalent.
www.sixthform.info/law/03_dictionary/dict_e.htm

the act of officers or agents of a government inducing a person to commit a crime not contemplated by the accused for the purpose of instituting a criminal prosecution against him or her.
www.alacourt.org/Publications/Glossary/e.htm

The deliberate use of apparent security weaknesses with the specific purpose of detecting those who are likely to exploit any genuine weaknesses.
www.itsecurity.com/es.htm

when a victim is physical trapped by something in a vehicle or other type of accident. The victim must be removed by mechanical means such as tools, saws, or the Jaws of Life.
www.rescue5.com/glossary.htm

1. In criminal law, an affirmative defense created either by statute or by court decision in the given jurisdiction that excuses a defendant from criminal liability for crimes induced by trickery on the part of law enforcement officers or other agents of the government. BACK TO TOP
www.data-quik.com/definitions/e.htm

– This means that the police induced someone to commit a crime that they might not have otherwise committed.
www.swheath.com/doc/polsc215chapter8.htm

The deliberate use of apparent security weakness with the specific purpose of detecting those who are likely to exploit and genuine weakness.
www.beyondsecurity.info/others/glossary/e_h.htm

a defense that claims the defendant would not have broken the law if not tricked into doing it by law enforcement officials
www.cogsci.princeton.edu/cgi-bin/webwn

 

[poppakeith]

Nicholasp,

Not "entrapment". You may be refering to "speed trap". There are such things, and this one, on the surface, has that feel to it, but the prohibitions against speed traps are not based on what it looks like. You can google "speed trap" and find some sites discussing such things.

 

[fedcop110]

I think its worth posting again...maybe seniorjudge can help out also


As the shift sergeant I received a call from a patrolman who stated that he had an individual wishing to make a complaint at his location. I arrived and met with the individual and the officer. The complaintant had been issued a parking ticket and had also received one the day prior (both valid tickets.)
His only complaint was entrapment, he was furious that everytime he parked illegally he got a ticket. Go figure.

Hope ths helps.

 

[JOHN BUCKNER]

Well It was a nice try anyway, and it does not hurt to ask. First you do not have anything close to entrapment, secondly States that I am aware of do not have Laws against speed traps....Fedcop can assure you that the Goverment does not have any regulations regarding speed traps or Entrapment via traffic laws that generally consist of nothing more than a violation...Not a Crime. As IAAL had eluded to, did anyone force or entice you to speed...Did anyone ask you to speed?? Did Law Enforcement Have anything what so ever to do with you pushing on the gas , and driving at 80 miles per hour??? If the answer is no. Then pay the ticket.

Good luck...Not advice for what it's Worth. patrolman/J. Buckner

 

[Alchohol_Free]

I know you don't want to here this BUT

You wouldn't be in this predicament if you didn't speed.

 

[0069]

This is the advice, roughly, that I wrote to another poster.

I have researched how to avoid fines, points ect. You could, if so inclined, plead down to improper equipment(radar). If determined not to plead, you could ask for discovery. In other words, write the police station for information as to if the radar was calibrated at the beginning of the shift, if the officer is certified in radar, how was it calibrated and a list of all radar equipment the office uses.

One thing is, if they fail to give you such "evidence" within a reasonble time, the case can literally get dismissed.

Also you may want to write the prosecutor and ask for discovery so that you can know what evidence they plan to use against you. You can get specifics on what to ask for by researching websites that go into more detail, again, failure of them to give you this info in a timely manner can give you grounds to ask for a dismissal. I would ask for this info as soon as possible to see just how strong their case may or may not be.
Edit/Delete Message

 

[0069]

Ticket Strategy Update

I have done some more research. And according to the person @beatmyspeedingticket.com, you should never tip the prosecution as to what documents you would like to see as that will tell them that you are planning to fight the ticket and they may have to pay special attention to your case.

You can get a free ebook and or pay for a Case Dismissed ebook. The information so far is cool. I did not believe him until I read further as to why you should not contact the prosectution before trial. This is a must read for those who have current ticket or for future reference.

 

[seniorjudge]

I have done some more research. And according to the person @beatmyspeedingticket.com, you should never tip the prosecution as to what documents you would like to see as that will tell them that you are planning to fight the ticket and they may have to pay special attention to your case.

Whoever told you that has never been close to a courthouse.

How are you supposed to prepare your defense if you do not see the prosecution's evidence?