Speeding Ticket in Florida

[bcantillo]

What is the name of your state? Florida

I was on the Palmetto Expressway in Miami, posted speed 55mph, on December 8. I was going 59-60mph, nothing more. A Florida Highway Patrol car that was MOVING, not stopped by the road, gets behind me and stops me. The officer said I was going 75mph in a 55mph zone. I politely said I was going 60mph at most. He wrote me a ticket for going 75mph, and wrote down that his radar clocked me at that speed. Now, I KNOW I was only doing 60, so he is either strangely mistaken or is outright LYING. I don't have any tickets in my driving record. I am going to court to fight it. What should I say/not say?

Thanks in advance for any help...

[cepe10]

Errors are easy with moving radar and of course the LEO is meeting his quota which presents a bias towards invlaid citations. Take three copies of the FL requirements below.

After the LEO testifies, ask him why he did not present any of the required information that Pinellas county posts on it's website and has been required by case law- his training certifications, certifications for the radar unit, the tuning fork, the speedometer of his patrol vehicle. ( The patrol vehicle speedometer has to be calibrated as well for moving radar to work correctly)

Ask the Judge for dismisal, noting that although not Pinellas county - calibrations of radar units are universal and the calibration requirements have to be met (especially with moving radar) to prove the speed to a legal degree of certainty.


[url]http://www.beatmyspeedingticket.com/pinellas/[/url]

Q: I have decided to contest the ticket in court. What type of evidence can I expect the officer to present is a typical traffic court trial?

A: This varies on a case to case basis. Expect the officer to have his RADAR or LIDAR course certificates; LIDAR, speedometer, or RADAR certification showing the device was tested in the last six months; log showing that the device was properly tested before and after the shift and witnesses if any. It is also common for officers to present photographs of the area and copies of the in car video tape.

If you have an honest Judge you have a good chance at dismissal.

[sukharev]

Try to request discovery of all relevant information (tipmra website has lost of pointers to get you going). Calibration records, etc. will be easily obtained that way. It's rare these days for the officer not to have them, so just get it out of the way. Yet again, if you have time to examine the records before court, you have a much better chance to spot any problems (like the last calibration date, mismatch in forks serial numbers, etc.)