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Racial profiling ending with a BS Ticket...

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Old Nov 27, 2001 | 10:36 AM
  #11  
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From: Torrance
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Definitely fight the good fight and get a lawyer. You'll probably still get a fine for doing 72, but it's dfinitely better than getting one for doing 103. Isn't that considered reckless driving??
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Old Nov 27, 2001 | 10:45 AM
  #12  
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From: Las Olas and Brickell, FL
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Definitely get a lawyer, if you explain to him everything that happened and to make sure you get no points added to your license, he shouldn't have much of a problem accomplishing this if your driving record is somewhat above average.
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Old Nov 27, 2001 | 10:55 AM
  #13  
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From: The BadLands
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Originally posted by MarkS2K
Definitely fight the good fight and get a lawyer. You'll probably still get a fine for doing 72, but it's dfinitely better than getting one for doing 103. Isn't that considered reckless driving??
Yep, reckless operation at 103! If you are right I'd advise you to do nothing less than go to court. This needs to be plead out in court infront of a judge!
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Old Nov 27, 2001 | 11:00 AM
  #14  
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From: Santa Monica/West LA
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First off, did you ask to see the radar gun? By law, they are REquired to show you the readout on the gun if you ask. If they can't do that, then there is no basis for the ticket. If he refused to show you the gun, then that is grounds for an automatic dismissal.

If you never saw the readout and asked to see it, you have to go to your next defense, traffic conditions. Go back to where you got pulled, take pictures of the traffic conditions, and keep that as evidence.

When you do go to court, remember your duty is to present reasonable doubt about the officers claim. So, begin by asking several questions about when he clocked you, where he clocked you, ask him how heavy traffic was, ask him why he sat there for a long period of time before doing anything, etc. That is where you can break the cop down.

I've been there, done that, and did have a ticket dismissed WITHOUT a lawyer. It's all in what questions you ask and how you present yourself.
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Old Nov 27, 2001 | 11:03 AM
  #15  
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Although it doesn't help now, the officer is required to leave the reading on display for you to see on request. I'd be willing to bet that he didn't have that display up. In addition to what the others have said, a good lawyer would want to know if the car was equipped with video equipment . If so, you should supoena the video.

Additionally, many states have laws providing for arrest on the spot if you are exceeding X mph. Check the law. If in excess of 100 mph is an arrestable offense, you might ask why you weren't arrested.

A couple of things that you probably already know, but are probably worth reiterating. When you go to court, look like you are going to court. Coat, tie, etc. If you are taking a lawyer, let him do all the talking (until you are called as a witness). Yes sir and no sir to anything you are asked. When the cop is telling his side of the story, no rolling your eyes, no smirking, watch him intently, take notes if you hear him be inconsistent.

My $.02 and good luck.
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Old Nov 27, 2001 | 11:07 AM
  #16  
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From: Lakeland
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Hey Schatten:

where you going to get a lawyer for a hundred bucks???
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Old Nov 27, 2001 | 11:18 AM
  #17  
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From: Fairfield
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Oof, that is really a drag man! I do, however, think that as part of your defense, you can question the accuracy of the radar gun used by the officer and I believe you have the right to request the calibration history of the device. Definitely check with a lawyer if you can on this. 103mph is definitley in the zone of some serious penalties and it would be a travety of justice if you had to pay that fine.


Good luck!
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Old Nov 27, 2001 | 12:09 PM
  #18  
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From: Salisbury
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The traffic alone should be enough to produce reasonable doubt with radar.

103MPH on a busy interestate! GTFOOH! This cop needs a reality check.
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Old Nov 27, 2001 | 12:35 PM
  #19  
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From: Redwood City
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This kind of stuff always makes me mad. It goes against my basic beliefs in fairness. And police officers like this should be disciplined.

Is there any way to find out what kind of record that this officer has in giving tickets? Does he have a disproportional number issued to any group of people? I haven't a clue as to what information is available. That kind of thing may take research. Any university criminal law majors looking for some part time work?

And are there any of the local new shows and columnists who take up the fight for people being disadvantaged? Although someone driving a S2000 is really very advantaged.

Good luck.
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Old Nov 27, 2001 | 01:03 PM
  #20  
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From: Bedford
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Be careful about representing yourself. You've probably heard the old saw: "The man who represents himself in court has a fool for a client."
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