Speeding In a ?Construction Zone?

[Kaptain911]

I was busted on I71 in Norther KY for speeding in a construction zone. After I got the ticket I went back and took a look at the area. I am certain that the officer was not in a construction zone when he clocked me and we were not in a construction zone when he stopped me! So the question is "Does an officer have to alert the dispacher when stopped to set up a speed trap of his location? If NO then do they have to report the location they stopped a person? And if they do report that info to the dispacher how can I get a copy of it from the police department?" I know thats alot of questions but I intend to fight this one all the way. While I am on the topic, how do I get a continuance so that I have time to better prepare my case? Any tricks on beating a small town police department in a speeding case?

Thanks
MAJ

 

[HomeGuru]

The location of the moving violation should be noted on the ticket.
You go to Court and ask the judge for a continuance.

 

[Kaptain911]

HomeGuru,
Thanks for the reply. I have looked the ticket over and cannot find the location exactly. So let me persue the question a different way. The ticket states that I was speeding in a construction zone. If I can prove that I was not in a construction zone would that void the ticket for false or misleading information? If it does not void the ticket would it cast enough of a shadow of a doubt on the officers testimony that the judge would rule in my favor as I was not speeding as the officer claims.

Now I still have that nagging question:
Does the officer have to radio his exact location when parked and waiting for a car to speed by? If the officer has to radio his exact location to the dispacher then how can I get that interchange in writing from the police department thus enabling me to better prepare my case.

Is there a chance that his radar gun was clibrated wrong as I was not speeding as he claims?

Would my wifes testimony increase my chances of convincing the judge that I am not guilty as charged? She has agreed to appear with me at the hearing.

I am currently seaking a detailed map of the area so that I can pin point the construction zones boundrys, but I am having trouble getting that info. Is there a place that I might obtain a detailed map or arial photo of the highway showing the exact areas under the construction zone speeding laws?

Thanks you in advance for your help in the matter.

 

[racer72]

1. An officer does not have to give his exact location. They usually call in a general location (Zapping speeders on route 71 south of town).
2. Radar gun calibration info will be supplied to the court. The odds of an officer using an out of certification radar gun is highly unlikely. Why would they use something they know would not stand up in court?
3. Your wifes testimony probably will not be allowed. The jurisdiction that cited you will claim your wife is a hostile witness and she will not be allowed to make a statement.
4. Mapquest.com is a good place online for maps.

 

[HomeGuru]

Thanks racer72 and good work.

 

[Kaptain911]

Rcaer72,
Thanks for the info. I truly appriciate your response and that of HomrGuru. Now here is the big but..........

but,
Is one allowed, by law, to obtain the radio communications betweeen and officer and the dispacher as evidence in a case? If so what hoops must one jump thru to get it?

And
If the officer wrote on the ticket that I was speeding in a construction zone and the evidence showed I was NOT in a construction zone but was still speeding would that void the ticket?

Thanks for all your help

Kaptain911

 

[Hazarco]

What can be done?? The same exact thing happened to me 2 years ago. I was also in Kentucky, but on I-75 near the Tenn/KY boarder (Corbin, Ky). The cop was sitting approx 50 yards in front of the first road construction sign. I even thought about going back to the location and video taping the spot the officer clocked me at. But I thought it would do no good. BUT when I did go to court there was another man talking before court and complaining about the same thing. He was a local preacher and said there was 2 other people here making the same claim. I plead not guilty. The second time I went to court the judge more or less begged me to take the fine and go. When I would not plead guilty a court personel followed me out into the parking lot saying the judge wants to talk to me again. The judge said he would not double fine me if I would accept the fine of $112.50. Thinking I was not gonna win I agreed. Until this day I am still mad because I feel I was scr**ed. What recourse did I really have? I felt like I had none. Heck, I used to work road construction and realize how dangerous it is, I would not speed in a construction zone for that fact alone!! It's a shame that they have to nab innocent people to meet their quota.