What is the name of your state (only U.S. law)? WI
I just got pulled over for 120 in a 55. Long story short I was out in the middle of nowhere driving less than the speed limit behind two cars. Kicked it down to pass them only to see up ahead a car was pulling out, so I put it to the floor. The car I was driving is 400hp 2500lbs car, 50 turns to 80, 80 turns to 100 and 100 turns into 120 very quickly. I got around them let off, DIDNT BRAKE figuring I would just start to coast, It’s a back country road, I am on a straight away did not think anything of it, only it was, there is a cop at the top of the hill headed my way getting ready to turn around. I pulled over as soon as I saw her before she spun around and before the lights came on.
The Female officer comes to the window and just says license please, I hand it to her and start to explain my story. She doesn’t want to hear it asks me to step out of the car. Here is where I think I am getting arrested nope even better she shows me the radar screen it says 121. She says get back in the car. I do, and I begin telling her my story of how I was passing these cars Blah blah blah. She begins to tell me she didn’t see any cars like I am making this story up in my head. When she finally acknowledges that my story may have some bearing she asks how fast they were going. Stupid me I say I don’t know 50- 55 she quickly explains that the speed limit is 55 and will now be issued for the full situation. I say you can’t cut me a break at all she says no. I say great guess I will have to wait for court. (I know shouldn’t have)
Obviously guilty I know this, 120 though…… maybe, She must have got me right when I was in full power. Anyway I was just driving, I wasn’t really looking was more worried about the car pulling out fearing I just made a huge mistake and may be losing my life.
My question to the officers or lawyers on here are these. I have been doing some reading and pulling this from websites and other stories.
First Question: Do i have a case? For one, isn't rolling radar going to have many possible errors due I was traveling the opposite direction with a very small window of time to be in her Radar?
Third Question: Do I show up in court and hope the cop doesn't show, and if she does, Hope she doesn't have the radar log book and calibration book and motion for dismissal from lack of evidence. Also I heard a continuance is not recommended either as it may tip off the Prosecuting attorney. This court case will be held in a small town of 4,000 population at the county seat. Being that it was in Wisconsin, Isnt there some "preponderance of evidence" clause. Also DO I NEED TO MAKE A DISCOVERY REQUEST, IS there any such thing in WI? How do I get the records of calibration and whether it was done and if she is trained to use it.
Fifth and last question. Something about a MUTDC manual and speed survey. Is this that real, or farfetched?? It says a cop has no jurisdiction to give you a speeding ticket if no speed survey was done in the last 5 years and because it is a federal regulation no state, or county rules can override it. Because this is a country road in a small population farm community possibly there was no survey done.
Pretty much I am screwed. any help would be great thanks again for helping a newbie
I just got pulled over for 120 in a 55. Long story short I was out in the middle of nowhere driving less than the speed limit behind two cars. Kicked it down to pass them only to see up ahead a car was pulling out, so I put it to the floor. The car I was driving is 400hp 2500lbs car, 50 turns to 80, 80 turns to 100 and 100 turns into 120 very quickly. I got around them let off, DIDNT BRAKE figuring I would just start to coast, It’s a back country road, I am on a straight away did not think anything of it, only it was, there is a cop at the top of the hill headed my way getting ready to turn around. I pulled over as soon as I saw her before she spun around and before the lights came on.
The Female officer comes to the window and just says license please, I hand it to her and start to explain my story. She doesn’t want to hear it asks me to step out of the car. Here is where I think I am getting arrested nope even better she shows me the radar screen it says 121. She says get back in the car. I do, and I begin telling her my story of how I was passing these cars Blah blah blah. She begins to tell me she didn’t see any cars like I am making this story up in my head. When she finally acknowledges that my story may have some bearing she asks how fast they were going. Stupid me I say I don’t know 50- 55 she quickly explains that the speed limit is 55 and will now be issued for the full situation. I say you can’t cut me a break at all she says no. I say great guess I will have to wait for court. (I know shouldn’t have)
Obviously guilty I know this, 120 though…… maybe, She must have got me right when I was in full power. Anyway I was just driving, I wasn’t really looking was more worried about the car pulling out fearing I just made a huge mistake and may be losing my life.
My question to the officers or lawyers on here are these. I have been doing some reading and pulling this from websites and other stories.
First Question: Do i have a case? For one, isn't rolling radar going to have many possible errors due I was traveling the opposite direction with a very small window of time to be in her Radar?
Third Question: Do I show up in court and hope the cop doesn't show, and if she does, Hope she doesn't have the radar log book and calibration book and motion for dismissal from lack of evidence. Also I heard a continuance is not recommended either as it may tip off the Prosecuting attorney. This court case will be held in a small town of 4,000 population at the county seat. Being that it was in Wisconsin, Isnt there some "preponderance of evidence" clause. Also DO I NEED TO MAKE A DISCOVERY REQUEST, IS there any such thing in WI? How do I get the records of calibration and whether it was done and if she is trained to use it.
Fifth and last question. Something about a MUTDC manual and speed survey. Is this that real, or farfetched?? It says a cop has no jurisdiction to give you a speeding ticket if no speed survey was done in the last 5 years and because it is a federal regulation no state, or county rules can override it. Because this is a country road in a small population farm community possibly there was no survey done.
Pretty much I am screwed. any help would be great thanks again for helping a newbie