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Speeding. How do I know officer's radar device is working right?

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chb1000000

Junior Member
What is the name of your state?
South Carolina

I was stopped for speeding in a school zone. Officer cited me for 42 in a 25 zone.

I know I was not going that fast. I actually saw the officer coming towards me around a curve in the oncoming lanes. At the moment he passed the curve, I was doing 32 according to my speedometer. At the moment the officer came around the curve, I was just passing the END SCHOOL SPEED ZONE sign. Being that he did not come around the curve until I was out of the School Zone, he could not possibly have clocked me while I was in the School Zone. School Zone notwithstanding the speed limit on that street is 35.

After the officer issued citation, I wanted to double-check myself. I went back to see exactly where the School Zone started and ended. I was exceedingly careful and stayed under the limits, 25 School and 35 Non-School Zone. The officer stopped me again and told me I had been going even faster, 46. I know I was going slower, but his device read me as faster.

I asked to see the service decal on the radar device. He refused to show me.

The court date is 6-15-05.

I went to the Magistrate's Clerk's office today to ask to file a motion of discovery, so that I can see maintenance records for the radar device. The Magistrate's Clerk sent me to the Sheriff's Office, who sent me to another Sheriff's Office, who sent me to the Solicitor's Office, who sent me back to the Magistrate's Office, who told me I can only ask for that information by demanding a Jury Trial.

I want to see when the radar device was last serviced, and find out if I can make it be tested for accuracy.

I do not want a Jury Trial.

How do I do this?

It's a $75 ticket, so it's not like I am going to retain counsel over it. But I do not want to pay fines for something I did not do.

Please advise me.

-chb1000000
 


S

seniorjudge

Guest
chb1000000 said:
What is the name of your state?
South Carolina

I was stopped for speeding in a school zone. Officer cited me for 42 in a 25 zone.

I know I was not going that fast. I actually saw the officer coming towards me around a curve in the oncoming lanes. At the moment he passed the curve, I was doing 32 according to my speedometer. At the moment the officer came around the curve, I was just passing the END SCHOOL SPEED ZONE sign. Being that he did not come around the curve until I was out of the School Zone, he could not possibly have clocked me while I was in the School Zone. School Zone notwithstanding the speed limit on that street is 35.

After the officer issued citation, I wanted to double-check myself. I went back to see exactly where the School Zone started and ended. I was exceedingly careful and stayed under the limits, 25 School and 35 Non-School Zone. The officer stopped me again and told me I had been going even faster, 46. I know I was going slower, but his device read me as faster.

I asked to see the service decal on the radar device. He refused to show me.

The court date is 6-15-05.

I went to the Magistrate's Clerk's office today to ask to file a motion of discovery, so that I can see maintenance records for the radar device. The Magistrate's Clerk sent me to the Sheriff's Office, who sent me to another Sheriff's Office, who sent me to the Solicitor's Office, who sent me back to the Magistrate's Office, who told me I can only ask for that information by demanding a Jury Trial.

I want to see when the radar device was last serviced, and find out if I can make it be tested for accuracy.

I do not want a Jury Trial.

How do I do this?

It's a $75 ticket, so it's not like I am going to retain counsel over it. But I do not want to pay fines for something I did not do.

Please advise me.

-chb1000000

Q: How do I do this?

A: Plead not guilty and ask for a bench trial. Then file a motion for discovery. Hope that this info is discoverable in your jurisdiction.
 

chb1000000

Junior Member
Is there a way to find out beforehand if it's discoverable?

It'd be great to get as much of my business in a square as possible beforehand.
 

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