What is the name of your state (only U.S. law)? (CITED IN ARIZONA) (RESIDING IN N. CALIFORNIA)
Posted Speed Limit: 75mph
Approx Location: Blythe,AZ on East I-10
Map link: http://goo.gl/maps/OgV2Y
Note: Becomes Criminal Traffic Violation (misdemeanor) when exceeding posted limit by 15-20mph, so in my case anything over 90 or 95mph becomes criminal.
Also, if for example I was cited relatively close to 90mph the prosecutor could simply lower the charge to 89mph and make it an infraction and give me a break.
He refused in my case because cited for 105mph.
I got a speed ticket passing through AZ on I-10 back in Feb 3 2013. The court didn't offer me traffic school but only asked $323 fine but
I then requested a telephonic hearing to speak with the Prosecuting Attorney and he was polite by phone however not very friendly or kind
in terms of offering me any breaks. All I wanted to ask him was the chance to goto traffic school for deversion to keep my driving record clean.
He said if I was cited for something like less than 90mph he could but this is too much of a stretch as the officer stated he used
radar to clock me at 105mph. I highly doubt the honesty of that measurement however I forgot to ask the officer to show me his radar
unit for verification. Now its my word against his. I know I was in the mid to high 90's as far as speed goes but the odometer never indicated
anything over 100mph. The car only has 62hp and it strains to get to 90 even.
Anyhow, the Attorney then upped the fines after talking with me, he said it was the courts order that I attend mandatory traffic school with
a cost of approximately $200 in addition to the fine of $323 and this traffic school would not be diversionary, meaning the points will still go
onto my driving record and also be recorded as a misdemeanor.
I requested discovery and the DA sent me copies of the officers records of the radar unit calibration and also copy of the officer notes. The next hearing
is Tuesday July 23 2013 1130am PST.
I am considering to goto trial on this merely IN HOPES that the jury will find a shadow of doubt and let me go, considering the fact that I came all the way back from california like 1000 miles for a trial. My argument would be simply pointing out that I am being 100% honest I did not go over 99mph so there had to be some type of mistake. I also don't believe in my heart that I could have possibly been going over 100mph and therefore there had to be some kind of technical error or dishonesty or human error on the part of the officer in operation of the radar unit.
Since I am charged with criminal traffic, do I have a right to a jury trial in AZ? Do you think I could convince the jury that there is some doubt about the
speed measurement? I would be driving all the way from San Francisco,CA to Gila Bend,AZ for the trial. I would hope that it could be resolved in 1-2 days
to minimize my expense and not have to travel back again.
I am thinking when faced with the idea of a jury trial perhaps the prosector would offer me a better deal. but perhaps not? Perhaps they would use things I have
said to him by phone against me?
Please advise,
Thanks
Posted Speed Limit: 75mph
Approx Location: Blythe,AZ on East I-10
Map link: http://goo.gl/maps/OgV2Y
Note: Becomes Criminal Traffic Violation (misdemeanor) when exceeding posted limit by 15-20mph, so in my case anything over 90 or 95mph becomes criminal.
Also, if for example I was cited relatively close to 90mph the prosecutor could simply lower the charge to 89mph and make it an infraction and give me a break.
He refused in my case because cited for 105mph.
I got a speed ticket passing through AZ on I-10 back in Feb 3 2013. The court didn't offer me traffic school but only asked $323 fine but
I then requested a telephonic hearing to speak with the Prosecuting Attorney and he was polite by phone however not very friendly or kind
in terms of offering me any breaks. All I wanted to ask him was the chance to goto traffic school for deversion to keep my driving record clean.
He said if I was cited for something like less than 90mph he could but this is too much of a stretch as the officer stated he used
radar to clock me at 105mph. I highly doubt the honesty of that measurement however I forgot to ask the officer to show me his radar
unit for verification. Now its my word against his. I know I was in the mid to high 90's as far as speed goes but the odometer never indicated
anything over 100mph. The car only has 62hp and it strains to get to 90 even.
Anyhow, the Attorney then upped the fines after talking with me, he said it was the courts order that I attend mandatory traffic school with
a cost of approximately $200 in addition to the fine of $323 and this traffic school would not be diversionary, meaning the points will still go
onto my driving record and also be recorded as a misdemeanor.
I requested discovery and the DA sent me copies of the officers records of the radar unit calibration and also copy of the officer notes. The next hearing
is Tuesday July 23 2013 1130am PST.
I am considering to goto trial on this merely IN HOPES that the jury will find a shadow of doubt and let me go, considering the fact that I came all the way back from california like 1000 miles for a trial. My argument would be simply pointing out that I am being 100% honest I did not go over 99mph so there had to be some type of mistake. I also don't believe in my heart that I could have possibly been going over 100mph and therefore there had to be some kind of technical error or dishonesty or human error on the part of the officer in operation of the radar unit.
Since I am charged with criminal traffic, do I have a right to a jury trial in AZ? Do you think I could convince the jury that there is some doubt about the
speed measurement? I would be driving all the way from San Francisco,CA to Gila Bend,AZ for the trial. I would hope that it could be resolved in 1-2 days
to minimize my expense and not have to travel back again.
I am thinking when faced with the idea of a jury trial perhaps the prosector would offer me a better deal. but perhaps not? Perhaps they would use things I have
said to him by phone against me?
Please advise,
Thanks