Need help from an officer of the law

[windex]

If you are driving towards two cars that are almost side by side, one is speeding the other is not. How do you determine which car is the speeder other than looking at which car ends up in front? In other words I got a speeding ticket today. The cop claims i was doing 70 in a 55. I am 100% sure my cruise control was set at 58. He says he knew I was the speeder because my car was "floating" and in his 35 years of experience thats what speeders do. I ask this because a van that was in the right hand lane was passing me as we were approaching the cop on the other side of the highway. I explained that my car is lowered and that it looks like I was floating since I was coming off of a bridge. Needless to say the dumbass still gave me a ticket, but didn't write/sign his badge # or name on the ticket nor did he write the radar number. Could I/Should I file a complaint with the sheriff office?

[AZhitman]

<-- Not a cop, but....

You should be able to go into court with this one... Diagram everything, take pics, and write down the entire conversation as you recal it.

The word "floating" is especially concerning. A judge won't know WTF he's talking about. Hell, i don't understand what that whole statement means... Is he implying your car was lifting up on its suspension as you crested the hill?

Regardless, I'd call into question the method of clocking (radar will pick up the larger object in its range) as well as the "floating" comment and the incomplete citation.

[LongBeachCoupe]

I think he may mean you were trying to hide behind the van to elude eyesight of the cop..

ALWAYS ALWAYS ALWAYS GO TO COURT FOR ANY MOVING VIOLATION!

You have a chance to speak with the DA who will 99.9% of the time lower (sometimes dismiss totally) the charges...

If you dont like what the DA has to say, THEN you have a chance to come back with a lawyer if you want on ANOTHER day, you dont need a lawyer from the get-go.

Lack of info on the ticket is SOMETIMES enough to get you off, but it needs to be "important" information... if the guy wrote 08 instead of 09, that wont cut it.. but a wrong license plate will, and some others may qualify.

ALWAYS ALWAYS ALWAYS GO TO COURT FOR ANY MOVING VIOLATION!ALWAYS ALWAYS ALWAYS GO TO COURT FOR ANY MOVING VIOLATION!ALWAYS ALWAYS ALWAYS GO TO COURT FOR ANY MOVING VIOLATION!

[stone184]

I'm a MP stationed in FL and to get radar/laser certified we have to go through the state course. The radar sends out a wide open signal, as opposed to the laser that can pinpoint exact vehicles.

Go to http://en.wikipedia.org/wiki/Radar_gun and scroll down to "Problems with radar guns." That pretty much some it up for you. Hope that helps.

[LongBeachCoupe]

Im not sure if it was here in NY or if it was back when i was in HS in NJ... but one of the places doesnt require radar at all! (i think it was NJ).... they get certified in some sort of training where they do it by EYE! +/- 5mph and its good in court!

[xfactor0707]

[QUOTE=LongBeachCoupe] but one of the places doesnt require radar at all! (i think it was NJ).... they get certified in some sort of training where they do it by EYE! [QUOTE]

how does that work?

[dangeris]

I'm no LEO but I know for a fact that you are entitled to all the evidence that he has on you that says you were speeding. It's called a "Bill of Particulars" and basically its just interrogatories or questions which is part of your rights!The interrogatories should be mailed certified to three places: police Detartment issuing the citation, county clerk and the District Attorney

if they want your money, make them work for it!

Samples of questions would be like:- Please identify the reason or probable cause for which the defendant's vehicle was originally stopped?

- Did the vehicle display a valid State Inspection Sticker?

- Does the Officer own corrective lenses prescribed by a licensed optometrist to correct deficiencies in his/her vision?

- Does the Officer’s driver's license require corrective lenses while operating a motor vehicle?

- If your answer to interrogatories above is in the affirmative, was the Officer wearing such corrective lenses at the time of the alleged incident?

- Please state the make, model, and date of manufacture of the radar gun used?

- When was the radar gun last calibrated?

- Has the Officer received training in the use of this radar gun?

- Has this radarr gun been approved by any law, regulation, or regulatory body in this state for use in determining speed levels for law enforcement purposes?

- Please identify each and every person whom you expect to call as a witness at trial in this matter, and, for each person so identified, please state whether that witness will testify as a witness to the alleged complaint or as an expert, or both.

- For any experts you intend to call at trial, please state: 1. the name and address of each such expert witness

2. The subject matter as to which each such expert witness is expected to testify;

3. The qualifications of each such expert witness

Also request a "Request of Production of Documents" from the officer.Those would be:

1. Any and all documents related to certification or calibration of theRadar Gun.

2. Any and all documents related to the suitability and acceptability of above radar gun for law enforcement purposes in your state.

3. Any and all documents related to the training of the officer in the use or operation of above radar gun.

4. Any and all documents or correspondence from your state police regarding enforcement of speeding laws.

5. Any and all documents or interdepartmental correspondence related to officer training and enforcement of your state's speeding laws.

Those are just samples but like others said, make sure you have diagrams also to state your case. This will be a lot of work on your part but if you believe you are innocent, then make the "Burden of Proof" fall on them and not you.

[stone184]

LBC is exactly right about the eye estimations. Part of the course is a couple days of doing these estimations. The instructor would sit there with the radar/laser and clock people while we guessed speeds. We had to be within +/- 5mph. Eye estimations are probable cause to pull people over and write tickets.

[LongBeachCoupe]

See, and you guys thought I was making it up! I thought it was a joke too, eyeballing speed... until i got a ticket for it 6 yrs ago and tried the "wheres the proof" excuse... the officer walked into the courtroom and said "I SAW YOU going 75" and that was that!

Each state runs their own show... in brooklyn ive seen a cop standing on an overpass with his radar, and then radio-ing to a cop on the road to snag people...

Its best to familiarize yourself with your local state laws... for instance in nassau county, i can request a "supporting deposition" by mail within 48 hrs of getting a moving violation... what this is, is a "plain English" writeup on the infraction... If its not delivered in 30 days its dismissed!

Im a semi-pro in traffic enforcement here!

[Zerep]

and to show you how exact tickets have to be i was doing about 100 on the turnpike. saw the cop but didnt give him enough time to clock me. he still pulled me over and i denied that i was speeding so he gave me a unspecific speed citation which does not exist so it got dismissed on defective citation clause. they really need to put up speed limits on highways cause no one here in florida abides by them. autobahn baby

[dl_yeunuoc]

50% of time, the cops don't remember who you are, and what they're dealing with. They sometimes don't show up at the court as they're busy on the street during holiday. If you're lucky enough to have your appeal date set right around holidays, cops likely won't show up. It's only my opinion yo.

[windex]

Thanks for everyones advice. I contacted the DA's office earlier today and was told to make any request for evidence I have to get a lawyer. BS... I forgot to record the conversation. I'll call back monday and record it. But yea if I was speeding then I would just take it like a man. But the fact that he says my car was "floating" pissed me off. Everyone knows cars bounce in areas where sections of the road does not meet perfectly together. I was coming off of a bridge. I tried to explain to the officer that my cars ride was much stiffer than most ppls cars. But whatever I know enough people to file a complaint and make sure that it is followed up.

[dangeris]

Thanks for everyones advice. I contacted the DA's office earlier today and was told to make any request for evidence I have to get a lawyer. BS...

That is BS. Usually when you go to traffic court, the judge has a list of all the people who are in that day presenting their case. The DA or ADA is there also essentially "plea bargaining" for you. Some people show up with attorneys and some do not. Tell them that you will be representing yourself and they'll have to give you the request for evidence.

[EOrdonez3229]

Yes, in NJ a citation can be issued based off a "guess" of the speed you were traveling. Speed can be estimated based off "counting lines", a technique used here in NJ. My cousin is a trooper and my uncle a judge (former trooper), and they had to do some silly training on guessing people's speed by how quickly they passed the broken/dashed lines.

Also, you may want to look closer to ensure that the officer didn't mark his badge number. If it is obvious that it was never enscribed onto the original copy, then the ticket may be dismissed completely. Also, the radar DOES pick up on large objects. I believe (don't quote me) that a radar beams can cover as much as three lanes at a given point in time, but the radar will pick up off the speed from the largest moving object, in this case, quite possibly the van.

Also, when you are pulled over, the entire conversation is recorded by a microphone that is somewhere on the officer, so they have the conversation. They do this everytime someone is pulled over in the event they need additional evidence/proof in court.

Also, you may want to ask about the calibration of the radar gun - has the gun recently been calibrated? Add this to the list provided to you by Daneris_8 (i appologize if it's already there - I didnt read the entire posting).

In any case, the prosecutor will work out a deal with you, if not dismiss it entirely. An example: I was pulled over for going 102 in a 40 over a bridge. The cop lowered it to 92 in a 50 because he knows my cousin, and the prosecutor changed it to 75 in a 50 - I paid $233 and took 4 points (I couldnt object and see the judge bc the judge that day was my uncle and I didn't want to have to come back to court).

Regardless, good luck and let us know how it turns out.

[LongBeachCoupe]

Microphone?

Ive got a court date coming up..uhhhh

[EOrdonez3229]

ooooh yeah. they record every conversation and it's also recorded in the camera in their patrol car. My uncle is always showing me video of drunk people lol

[LongBeachCoupe]

i dont think, or i hope they dont have this in NY... i doubt they hold all the recordings for useless tickets... "failure to update drivers license info" is the offense! Im not payin em nothin! TAKE ME TO THE JUDGE!

[EOrdonez3229]

I don't know about NY. They do in NJ and PA.

What didn't you update? Address? Or did it expire?

[LongBeachCoupe]

Address... its actually current lol.... depends on how you look at the glass...

half full, or half empty...

[EOrdonez3229]

It's current? I don't get it. What bull crap

[JDRosenberg07]

Im not sure if it was here in NY or if it was back when i was in HS in NJ... but one of the places doesnt require radar at all! (i think it was NJ).... they get certified in some sort of training where they do it by EYE! +/- 5mph and its good in court!

Yeah they have that in FL too. Down here officers actually have to pass the "guessing" class in order to even use a radar gun. I pass cops all the time goin 5-10 over tho and ive only gotten pulled over twice which was over a year ago.. knock on wood.

Its total tho.. ive drivin on the 408 and ive had cops pass me goin 15+ over with no lights or siren on

[stone184]

Its total tho.. ive drivin on the 408 and ive had cops pass me goin 15+ over with no lights or siren on

Yeah man, that kind of stuff kills me too!

[losenone]

Correct me if im wrong, but isn't a cop required to file all parts of the ticket including his badge number or else its tossed out?

At least in NY im pretty sure thats the case. Anyone?