Pulled over - Have a question
Originally posted by sireousrex
How do we know the trooper was moving and not stationary until the vehicles passed him, then he pulled out and got them?
How do we know the trooper was moving and not stationary until the vehicles passed him, then he pulled out and got them?
Traffic court is a joke. It is the only court that doesn't follow basic legal rights. I was ticketed once for going 90+ in a 55. This was by a cop I passed (he was parked) with no radar. Went to court and he said he had to go over 90 to catch me. I pulled every trick I could think of from stating that the prosecutor can not also be a witness...the only witness as that goes (the Judge said normally that would be valid but not in traffic court), to using the fact he had to catch up that is why he had to do 90. The judge denied me every attempt at a defense. All the officer said was 'I appeared to traveling at a high rate of speed'. The charge was reduced to just a Basic Rule violation and $100 fine but it was his word against mine without proof yet the courts seem to always favor the cops. In traffic court you are guilty until proven....uhhh no just guilty.
If the police officer was traveling behind you he can note the speed on his speedometer and the fact that all 4 cars were traveling at his speed or faster...he doesn't need to clock any of them on radar, much less all four...
Unfortunately, the burden of proof is on you...and there is no way to prove you weren't speeding (especially since you WERE speeding)...I expect you are just wasting your time trying to fight a ticket...I'd advise just paying the fine and moving on...unless this one will put you over the points limit...
Unfortunately, the burden of proof is on you...and there is no way to prove you weren't speeding (especially since you WERE speeding)...I expect you are just wasting your time trying to fight a ticket...I'd advise just paying the fine and moving on...unless this one will put you over the points limit...
Years ago in Florida I read the law after a ticket that pissed me off (sort of the same as you, except I was not speeding) Here is what I found.
Most states have a required yearly testing procedure for the radar gun calibration. Ask to see the documentation and make sure it's up to date.
Most states require the officer to take continuing education courses in the use of the radar gun technologies each year. Ask to see that the officer is up to date.
In my instance both were not up to date and the ticket was dismissed.
Hope this helps.
Most states have a required yearly testing procedure for the radar gun calibration. Ask to see the documentation and make sure it's up to date.
Most states require the officer to take continuing education courses in the use of the radar gun technologies each year. Ask to see that the officer is up to date.
In my instance both were not up to date and the ticket was dismissed.
Hope this helps.
I had a similar problem right at a year ago, cop said I was going 80 in a 65, when I had my cruise set at 75. He clocked some SUV behind me in the dark.
I called my lawyer and he pretty much said pay the ticket, it's not worth the trouble. I paid it, but I kind of wish I would have fought it (lower insurance premiums)
I called my lawyer and he pretty much said pay the ticket, it's not worth the trouble. I paid it, but I kind of wish I would have fought it (lower insurance premiums)
On the ticket it will say what method was used when he pulled you over, there are boxes on the front that will be checked off.........he may have "paced" you guys, which is real easy to fight in court.
In NJ you have two choices, plea not guilty and go though a trial or plead guilty. Speak to the prosecutor and ask for unsafe operation of a motor vehicle. $150 fine and no points first offence, $250 fine and no points second offence, the third offence is 4 points and a higher fine. If the prosecutor does not want to plea bargain, you have to plea not guilty and have a trial with the cop. If the cop is not there that day, they will reschedule your court date. Good luck.
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