Post by
MaineExport »
https://forums.nicoclub.com/maineexport-u157.html
Sat Aug 10, 2002 8:20 pm
When you are asked if you would like to cross-examine the officer, begin with the small questions regarding that day. I might not get as picky as what clothes you were wearing, but other general stuff is relivant. Ask about the traffic conditions. If you clearly recall other cars in the immediate area of your vehicle, you can often get off because the officer has no proof that he got you, and not someone else. Ask him how much of your car he needs to hit on his radar gun, to get a reading. I think the answer is 2 square inches. Ask him how many different objects measuring at least 2 square inches were moving on the freeway at the time, and how he knows it was your car he hit. He may have answers, but at least you establish some doubt. Ask if he was driving at the time when he got you on radar, or if he was stationary. If he was driving, was his attention focused on HIS driving, or was he concentrating on running radar instead. (that one got me off in one of my three victories!) If he says his primary concern is HIS driving, then you have an opening to create doubt that he was not paying enough attention to the radar. If he says that the radar is more important than his own driving, than the judge gets pissed.....TRUST ME!!! Either way he answers the question is bad for him.
I've won three times on three different tickets. You can win. Go in with confidence, but not arrogance. Dress nicely, refer to the judge as, "your honor". Refer to the officer as, "Sir", or "Officer". Be overly polite!!!!! But make it look sincere. You have to play ball with them. The judge is just as much on your side, as he is on the cops side.... usually. (sometimes you get a ****head judge) Whatever you do, don't make a deal with the DA unless you are sure you can't win, or they make you a VERY generous offer.
Your best bet is if there was heavy to moderate traffic in the area, or if he was driving while running radar. This creates a lot of doubt, but you've got to plan ahead. One final thing, the state has the burden of proof. They have to prove you are guilty, you don't have to prove that your innocent. You just have to create doubt!