pleading not guilty to a speeding ticket

[kb1179]

What is the name of your state (only U.S. law)? MS

I was issued a ticket today for speeding. The officer alleges that I was going 82 mph in a 65 mph zone.

I plan to go to court and plead not guilty. Some facts:
-I have a radar detector which is legal in my state. It never went off during this stop. I know it was functioning because it went off a few minutes later when I passed another cop.

-His ticket alleges 82 in a 65. I maintain that I was going 65 mph.

What is the best way to handle this in court? Obviously I'll plead not guilty. Can I ask to see the radar record? I don't think he got me on radar. If they can't produce the radar record, what happens?

If they do produce something showing a radar reading of that speed, do they have to prove it was my vehicle that was radared? Also what about callibration of the radar instrument? Do I ask to see those records? How often do their radars have to be callibrated?

Any other advice?

 

[Proserpina]

What is the name of your state (only U.S. law)? MS

I was issued a ticket today for speeding. The officer alleges that I was going 82 mph in a 65 mph zone.

I plan to go to court and plead not guilty. Some facts:
-I have a radar detector which is legal in my state. It never went off during this stop. I know it was functioning because it went off a few minutes later when I passed another cop.

-His ticket alleges 82 in a 65. I maintain that I was going 65 mph.

What is the best way to handle this in court? Obviously I'll plead not guilty. Can I ask to see the radar record? I don't think he got me on radar. If they can't produce the radar record, what happens?

If they do produce something showing a radar reading of that speed, do they have to prove it was my vehicle that was radared? Also what about callibration of the radar instrument? Do I ask to see those records? How often do their radars have to be callibrated?

Any other advice?

How do you intend to prove the accuracy of your detector?

 

[HighwayMan]

Can I ask to see the radar record? I don't think he got me on radar.

You're contradicting yourself.

 

[kb1179]

I don't intend to bring up the fact that I have a radar detector at all in court. While legal, I do know that it's frowned upon.

I'm not trying to contradict myself. I don't know for sure if he used radar or not. I don't believe that he did but he might have.

Do I just plead not guilty and then he has to prove that I am guilty?

 

[sandyclaus]

How do you know that your speed was detected by radar at all? Just because one police unit used it doesn't necessarily mean that they all do.

 

[TigerD]

Any other advice?

Start studying. You need to learn how to defeat their evidence.

DC

 

[sandyclaus]

I don't intend to bring up the fact that I have a radar detector at all in court. While legal, I do know that it's frowned upon.

I'm not trying to contradict myself. I don't know for sure if he used radar or not. I don't believe that he did but he might have.

Do I just plead not guilty and then he has to prove that I am guilty?

But you ARE contradicting yourself. How else do you intend to prove that you weren't travelling at the rate of speed that the officer is claiming you did to earn the ticket?

There are 5 common methods that law enforcement uses to catch speeders. Radar is just one of them. Even if your radar detector didn't catch a signal, there are several other methods they could have used to measure your speed.

In order to counter the officer's claims, you will have to know for sure WHICH detection method was used. If the officer does say that they used radar, then you'd have to admit the use of a detection device as part of your defense. (Good luck with that.)

 

[kb1179]

Ok..let's just forget that I had a radar detector. I won't be bringing it up in court. It doesn't exsist.

So I got a ticket. The ticket is for 82 in a 65. How do I fight this ticket? Obviously I plead not guilty. Then what happens? Isn't the onus on them to prove me guilty? Someone said something about that I would have to know for sure what method was used...won't the cop have to divulge that in court to try to prove me guilty?

 

[davew128]

How do you intend to prove the accuracy of your detector?

Of what relevancy is the detector in the first place? Police are trained to visually estimate speed. It also assumed LIDAR wasn't used, in which case the detector would only have gone off if it was hit from the front.

 

[sandyclaus]

Ok..let's just forget that I had a radar detector. I won't be bringing it up in court. It doesn't exsist.

So I got a ticket. The ticket is for 82 in a 65. How do I fight this ticket? Obviously I plead not guilty. Then what happens? Isn't the onus on them to prove me guilty? Someone said something about that I would have to know for sure what method was used...won't the cop have to divulge that in court to try to prove me guilty?

Sure. It's the requirement that the cop present his case for why you are supposed to be guilty of the violation. However, without being prepared and knowing what he's going to say in court, how would you possibly be able to counter his claims?

You ask for the evidence against you prior to your hearing date. (HINT: It's called DISCOVERY. ) The other side must present you with whatever evidence they have of your guilt, and you use that to research your case and prepare to say why their evidence is wrong, irrelevant, or immaterial. Once you are already in court, in front of the judge, it's too late to research the method the cop will claim to have used to determine your speed. If you don't have an answer ready for them, the court isn't going to wait, or postpone the hearing further so that you can do your research before presenting your defense. Note that your request for discover MUST be in the proper form and presented using the proper court procedures. If you're serious about fighting the ticket, you're going to need to do some research on the court rules and procedures for this, OR hire an attorney to fight the ticket for you.

 

[kb1179]

So wait. If he only used visual estimation how does that work? At that point it's his word against mine. How do they find someone guilty like that? Also, will it matter that it was extremely foggy that morning? There was a dense fog advisory in effect.

 

[Eekamouse]

If there was that much fog, what were you doing speeding through it? You're lucky you didn't get a reckless driving ticket also.

 

[kb1179]

I dont recall ever stating that I was speeding. The officer ALLEGES on his citation that I was going 82 in a 65. I maintain that I was going 65 miles per hour. Thank you for your assumption of facts not in evidence, though.

So I'm going to go to court on the date listed on the ticket and plead not guilty. I would assume at the point I'll receive a trial date. What should I request as discovery?

 

[OHRoadwarrior]

So far you have his word against yours. He will win. You need to subpoena the information that will be used against you.

 

[FlyingRon]

So far you have his word against yours. He will win. You need to subpoena the information that will be used against you.

To reiterate what Ohio is saying. The police officer is an expert witness. He's been trained in visual estimation and the use of his vehicle to pace you as well as all the electronic speed detection devices. You are just a persona accused of the violation. His WORD is evidence that will have way more weight than your unsubstantiated claim of "I didn't do it."