Valid Ticket or not?

[ms8083]

What is the name of your state? Texas

I received ticket today for 61 in 40. The state trooper was in someone's driveway. I have heard that police cannot park and shoot radar in someone's driveway unless they have prior permission from the property owner. Is this true and if so does that mean I have a chance of getting this dismissed in court?

[racer72]

Originally Posted by ms8083

What is the name of your state? Texas

I received ticket today for 61 in 40. The state trooper was in someone's driveway. I have heard that police cannot park and shoot radar in someone's driveway unless they have prior permission from the property owner. Is this true and if so does that mean I have a chance of getting this dismissed in court?

Not true. The only restriction for an officer in using a radar gun is they cannot use deception. Basically they can't hide behind something whose sole purpose is to hide the officer and/or vehicle from view.

[philo]

Generally cops will use private property to run radar without ever consulting the property owner. If you can get a statement from the owner that he had not given permission for cops to use his driveway, you stand a better chance of getting it dismissed. Judges being the creatures they are, it is up to the individual integrity of the judge to decide if its ok for the cops to ignore the law in order to catch you. Laws are selective for their class.

[Curt581]

Originally Posted by philo

Generally cops will use private property to run radar without ever consulting the property owner. If you can get a statement from the owner that he had not given permission for cops to use his driveway, you stand a better chance of getting it dismissed.

False.

Whether the officer was parked on public or private property and whether the officer 'had permission' will have absolutely NO bearing on YOUR driving violation.

It is completely irrelevant.

[Curt581]

Originally Posted by racer72

Not true. The only restriction for an officer in using a radar gun is they cannot use deception. Basically they can't hide behind something whose sole purpose is to hide the officer and/or vehicle from view.

That's not true everywhere, either.

I'm always amazed at the amount of urban myths, misconceptions, and downright BS that people believe about police radar and it's uses.

The cops have to have their overhead light bar running while using radar.
False.

The cop has to have his parking lights on when stopped on the side of the road at night.
False.

There has to be a sign warning of radar ahead.
False.

Cops can't park on private property to use radar.
False.

The police car has to be clearly visible for X distance.
False.

The cop can't have had radar, since your radar detector didn't go off.
False.

The cops can only use radar in one direction.
False.

The cop can't use radar in an unmarked squad car.
False.

The cop has to offer to show you the radar reading.
False.

The cop has to allow you to see the radar reading upon demand.
False.

The cop must bring the radar unit itself to court with him.
False.

Lidar (laser) and Radar are functionally identical.
False.

Radar units sometimes measure trees speeding
False.

Radar units have to be "calibrated" before and after every traffic stop.
False. Calibration is done during radar maintenance service.

The radar unit prints a receipt, which the cop must give you.
Totally False.

The officer can't ticket you unless he's wearing his hat.
Ridiculously False.