Cited going 72 in a 55 zone.

[blau]

What is the name of your state? CA

This weekend I was traveling on a two lane highway. When a CHP vehical pass by me comming from an opposit direction. In my rear view mirror I saw him made a u-turn a then he pull me over. He said his radar caught me going 72. I denied it.

The section of the high that the officer was traveling on just before we pass each had a grade (so he was comming down hill) and his section fo the road was turning. While the section of the road I was traveling was still straight and I was just about to start going up hill.

I am planning to contest this citation. My plan is to do a Trial by written declaration per vehical coad 40902, by mail and if I was found guilty to request a new trial by person. Here is the link with the basic information and forms http://www.traffic-ticket-attorney.com/trialbydeclaration.html.

So I have two questions. 1). The officer said I was going 72 by his radar but his vehical is moving. So does he have to take a radar reading and subtract his own vehical speed from it? Or does his radar just account for his vehical speed. And does the radar records and freezes the maximum speed?

2nd qustion. In the Trial by written declaration should I put the best case possible, that is, challange
1. The calibration of the radar
2. The calibration of the officer's vehical
3. Challange the validity of these calibration because the radar are used on a vehical comming down hill and turning (I am assumming they are calibrate going straight).
4. Ask for the Engineering adn traffic survey.

or, not say much except that I am not guilty and retain these as a surprise element in the trail by person.

Also if you guys/gals could help me out in arguing a moving radar speed estimation or direct me to a good web site.

thanks in advance.

 

[CdwJava]

So I have two questions. 1). The officer said I was going 72 by his radar but his vehical is moving. So does he have to take a radar reading and subtract his own vehical speed from it? Or does his radar just account for his vehical speed. And does the radar records and freezes the maximum speed?

If this was the CHP then they use the Stalker Dual. The reading for both the officer's speed and the oncoming vehicle's speed are both displayed - no math involved as the display takes the driver's speed in to account. The only issues might be if the operator had the radar in the wrong mode (such as set for standing use and not driving).

And, no, the radar unit does not "freeze" the highest speed. The speed must be manually locked in by the operator.

2nd qustion. In the Trial by written declaration should I put the best case possible, that is, challange
1. The calibration of the radar
2. The calibration of the officer's vehical
3. Challange the validity of these calibration because the radar are used on a vehical comming down hill and turning (I am assumming they are calibrate going straight).
4. Ask for the Engineering adn traffic survey.

Presenting these items in a trial by written declaration is tricky. Usually the officer is not going to be required to mail copies of all that in with the written declaration (this is one of the disadvantages of TBDs). The engineering survey, etc., can be challenged in person but not very effectively in a written declaration.

Seek Discovery of the relevant information and see what you get. Write that information into the TBD if it helps. But, with the CHP, I can virtually guarantee that they will have ALL that information. And unless you are willing to bring in an expert on the function of the radar, you are going to have a hard time arguing that the angle of approach or descent played a significant effect on the radar reading.

Also if you guys/gals could help me out in arguing a moving radar speed estimation or direct me to a good web site.

The BEST bet is to hire an attorney that deals with these traffic matters all the time. They know what to get and what to argue. They also won't tee off the judge playing Perry Mason. The biggest problem with people who read these books and these websites is that they know enough to THINK they know a lot, and they often tick off the judges.


- Carl

 

[blau]

Carl,

But the officer still have to still have to check the radar to make sure that it is working before and after the citation, right? Do you know if they have to do that with a tuning fork? Do you know if they have to check it with a tunning fork for 110 mph and 140 mph since that is the combine speed of both vehical?

So this case boils down to was the radar/vehical proper calibrated with the correct documentation, was there a proper engineering and traffic survay done on that section of the highway, was the radar/vehical check before and after, and add to it was there a permit for the posted speed limit. In another words, techanical arguments.

 

[CdwJava]

But the officer still have to still have to check the radar to make sure that it is working before and after the citation, right?

No. The standard practice and policy is to check calibration with the tuning fork PRIOR to the start of the shift. I do not believe the CHP has a policy of also checking at the end of the shift. And they certainly have no policy of doing so after every citation.

Do you know if they have to do that with a tuning fork? Do you know if they have to check it with a tunning fork for 110 mph and 140 mph since that is the combine speed of both vehical?

The forks are used to confirm calibration. And I am not sure what "speed" the forks they use are set to.

So this case boils down to was the radar/vehical proper calibrated with the correct documentation, was there a proper engineering and traffic survay done on that section of the highway, was the radar/vehical check before and after, and add to it was there a permit for the posted speed limit. In another words, techanical arguments.

Before and after is not necessary, but you can certainly try to raise it. In fact, checking it before is not "required" but there are some judges that inherently don't like radars to they might take any reason to toss it.

On the other hand there are many judges that like them.

The technical issues are going to go right out the window if the maintenance records are present. The surveys are almost certainly there. Whether they are present at the court or not is another question. In many counties, the surveys are kept on file int he traffic court so the officers do not have to bring them every time. And if you get an anal judge, and the CHP officer fails to lay a foundation including the survey and his training, etc., then you might be able to prevail through a lack of proper foundation (No, I don't know the specific procedures for this ... one reason why an attorney is helpful).

- Carl