I am currently set to go to court late February to fight a ticket for going 68 in a 40 zone. I am fighting it because there are mitigating circumstances (I was passing several vehicles that were spraying rocks on my freshly de-swirled S2k) and also because I believe the cop lied that he shot me with radar. I don't believe I was going that fast but, frankly, I was too busy negotiating the pass to look at my top speed before I slowed back down. I asked four times nicely to see the radar readout and each time he got angrier and angrier in his denial. Basically, the environment around us was such that I cannot imagine there was any possibility of an accurate radar tag and I think 68 was the number he pulled out of his ass because that's the speed he reached to catch up to me (I never saw him so I'm assuming he must have been pretty far behind me based on the fact that I was quite far away from the location of the pass when he came screaming up to pull me over). I was completely encircled by SUVs at the time I accelerated to extricate my mouse-self from beneath the feet of the surrounding elephants. I successfully got myself out of harm's way quickly and safely (based on the capabilities of the S2k) and immediately returned to the speed limit when I had cleared the pack. I'm representing myself because I cannot afford an attorney. BUT here's the new twist and I'm wondering if anyone has any advice. I just received a copy of a motion from the City Attorney requesting the trial be moved up because the cop involved is retiring Jan 13 and won't be able to return for the currently scheduled trial date. Should I just cross my fingers and hope it gets tossed out due to a motion denial by the Judge or should I go on the offensive in some manner? Thanks in advance for any useful advice.

 

Don't count on a break from the judge. I once got a court date from the clerk that I could make because I was relocating, but it was also on the cops schedule. His schedule changed and the court moved the date with little notice.. I protested and it made no difference. There was a judgement against me that I appealed and the cop did not show to the appeal because he had been suspended, but the city attorney would not let it go and the judge agreed with them again.. this time to reschedule again. The appeal was rescheduled but the court reverted to my old address so I got no notice and there was another judgement against me. I found out there was a warrant for my arrest and went to the court to protest.. no one cared and all they agreed to do was reduce the judgement to the fine amount and drop the warrant.. for a charge I was not guilty of! Don't assume anyone associated with the traffic court system will watch out for you.. or even be reasonable.

 

if you admit to speeding you will lose despite all the circumstances

check your local law including similar cases if any and submit an affidavit opposing the city's application, citing your rights, whatever they are in your jurisdiction. good luck

 

Court Systems are not reasonable. Your best chance is to subpeona the cop AND the SMD Expert. If the cop doesn't show up, motion to dismiss because the court failed to provide the requested witnesses. If the cop shows up but the SMD expert does not, the cop can't use the radar evidence. Most important, make sure to have a stamped and received papertrail for everything.


Good luck.

 

Normally, if you show up on the date and the cop doesn't - charges are dropped.

 

You have a right to see the radar gun readout. You can also send them a letter asking for discovery of all radar printouts, calibrations, and any notes the officer may have written. I also believe that you should REFUSE adamantly to have the date pulled forward, as the longer the delay the better for you. File for as many extensions as possible. And when you show up, do not admit to speeding, just say you were just driving.

 

Apparently I don't have that right here. To quote the cop, *You show me in the lawbooks where it says I have to show it to you and I'll show it to you.* Seems rather odd since that gun is the sole physical evidence that a law was broken. The irony is I would have simply paid the fine if he proved to me that I was speeding by showing me the readout. The fact that he got sorta twitchy (and eventually downright pissy) when I asked to see it is what makes me believe he never actually shot me and was bluffing.

 

Not necessarily. Some municipalities are determined to get their revenue and disregard the citizens rights regularly. Here in Texas there are some that will simply reschedule (especially for radar tickets) forcing the defendant to return at a later date, claiming each side has the right to one delay.

 

That happened to me three times. Cop never showed - charges dropped. I guess MD and PA are good places to get pulled over.

 

TX is much more aggresive in the courts than most of the country.