Had a very upsetting weekend...

[Hawkeye]

While I can sympathize with your story, because I have never been pulled over for doing 5 miles over the limit, you dont really have an arguement. Its rare to get an infraction for this reason, but its still an infraction.

Heck, GA patrol gets a bad rep for being harsh, but they really wont pull you over for doing 10 over... I never have.

So yeah, that does suck...

[jjanders0]

Someone said it earlier but there used to be a gimme of 10 mph over the limit in most cases. Because many states are hurting economically, that extra 10 mph has gone by the wayside. They'll ticket you for 5 mph over the limit without a thought and you were most likely singled out because of your car.

[01pewterz28]

Honestly just pay the fine in the end you were over the limit

Sean

[nova]

Originally Posted by wylde1

That sucks But really what's the ticket gonna cost you $50 at the most? even $75 on a lawyer to fight it isn't worth it in my mind.

Good god, where are you people at that a ticket costs $50. Here the max fine under state law is $20 and then they tack on $150 in "court fees" to get around it.

I should know, my wife has had 2 in the last 6 months

[Crowley]

Sounds like you met an A**hole of a cop ... LAME IMO ..

Good luck ..

Crowley

[nwotank]

Ask for jury trial, you are not guilty!

[mrray13]

Originally Posted by 2011DropTop

Dude I got pulled over and ticketed for 53 in a 35 and I could have fought it because there was no posted limit between where I turned onto the road I was on and where the cop was.

Just a heads up, and I'll quantify this by stating I don't know Georgia law, so take this with a grain of salt.

Most states, Illinois does, have provisions for this exact thing. One is that if no posted limit is seen, assume it's the same speed from the previous road. Now that only applies if the roads are of the same type, ie; improved two lane, and their location, ie; country, residential/city.

What that means is, if you are driving on a two lane, undivided city street with a posted speed limit of 20mph and turn onto a street adjacent to that street that is a two lane, undivided city street, assume the speed limit is still 20mph, whether it's posted or not. However, if you are on a 30mph 4 lane, undivided city street and turn onto that same two lane undivided city street, you might want to slow down! Even if it's not immediately posted, by virtue of the type of roadway change, the speed limit probably just dropped on you.

Also, Illinois does indeed have set speed limits for specific type of roadways. It's the citizen's job to know those, just as it's the officer's job to enforce them.

Originally Posted by navmaxlp

The thing is, it's not about how accurate it is. It's not even about if the thing was working in specs or not. It's if they can show it was working in specs without a doubt. If the thing was calibrated the day before, it was most likely working within specs. If the thing was calibrated two years ago, you can't really say. I work in the electronics industry on some extremely high profile equipment used by the public and we have checks we have to make every so often. Some checks are daily, some monthly, some quarterly etc. They all have to be made though in order for them to be used reliably. If not they can't be used. Checking the calibration date on the radar/laser guns is simply a way to discredit the means of establishing his speed. In other words, a technicality.

That being said, my brother was a police officer and told me if I got pulled over for 5mph over the limit or less, one of us was being a jerk. It depends on the situation if it's me or the cop.

Here's a tidbit for ya. When I start my patrol, everything in the car is tested, lights, siren and radar. When I end my patrol, those items are tested again. Randomly throughout the shift, the radar is tested. Our SA wants us to test it immediately upon making the traffic stop, and because Illinois statute doesn't provide for the citizen to see a locked radar, it's feasible to do. As long as the radar passes those internal tests, I'm good to go. Once a year a company comes down and calibrates all of our radar equipment, applies a sticker to it and hands over certification to the city clerk.

So, when I go to court, and we have to go, department policy, if someone requests that info, it's easily available. As is my certification. The SA will ask if I tested the radar, when I tested and if it passed. If I reply, truthfully, that I tested it before shift, after shift and several times during shift, and it passed everytime, it's pretty much a done deal. Can you request the calibration and certification? Absolutely. Will it help? Not if it is up to date. Of course, I've seen reports of cases where the department didn't have the radar certified within the required timeframe and tickets were thrown away, and my department is pretty much on top of keeping them things certified!

Also, before someone jumps on it, the "I want to see the radar and he didn't let me" defense will not fly in Illinois. Again, Illinois does NOT provide for the citizen to see a locked radar, it's up to the individual officer who made the traffic stop to let you see it. It's for the citizen's safety, as well as the officer's, especially on the interstate, that our department pretty much discourages us from letting the citizen see the radar. Some departments have policies that mandate the officer lock the radar, mine doesn't, and it's not state law that the officer has too. So check your local state law before attempting to use that argument, as it may surprise you!

Before anyone gets on the, "well, he didn't show me a locked radar, so how do I know he knows how fast I was going" trip. It would be just as easy for an officer to lock a car travelling 78 in a 65, leave it locked on the display and show you that, regardless of what speed you were travelling. Just want to present the flip side, although I know of no cops who would do that. I think a circuit clerk, and or the SA, would get suspicious if an officer wrote 15 citations in a shift, all for 78 in a 65, lol.

[mrray13]

Originally Posted by jjanders0

Someone said it earlier but there used to be a gimme of 10 mph over the limit in most cases. Because many states are hurting economically, that extra 10 mph has gone by the wayside. They'll ticket you for 5 mph over the limit without a thought and you were most likely singled out because of your car.

Or singled out because he was the middle car, it was raining and he was speeding. By being in the middle, the officer might have decided that he was too close to the vehicle in front due to weather conditions and for safety reasons, pulled him over.


I doubt that's what happened, but we really shouldn't speculate on why the officer singled him out. Should he fight the ticket? By all means if he feels as though it was unjust. That's what the court systems are in place for. Will it work? Maybe, maybe not. The sad truth is, we only know half the story, and while I too think writing for 5 over is lame, it is over and thus it is illegal.

[nova]

Originally Posted by mrray13

So, when I go to court, and we have to go, department policy, if someone requests that info, it's easily available. As is my certification. The SA will ask if I tested the radar, when I tested and if it passed. If I reply, truthfully, that I tested it before shift, after shift and several times during shift, and it passed everytime, it's pretty much a done deal. Can you request the calibration and certification? Absolutely. Will it help? Not if it is up to date. Of course, I've seen reports of cases where the department didn't have the radar certified within the required timeframe and tickets were thrown away, and my department is pretty much on top of keeping them things certified!

See I'm a stone cold SOB. I'd wait till the prosecutor has rested, call you up on direct examination and THEN start asking for all that documentation. At that point its apparent the prosecutor has not shown the court the device was properly calibrated and CAN'T show the court because he's already had his bite at the apple. At that point, they're SOL. If the judge allows the prosecutor to provide the documentation, its a civil rights violation and will be overturned on appeal. If the judge convicts regardless, the appeal will again get them because they convicted without evidence.

The name for it is "Trail by ambush" and it relies on the fact that for the most part, traffic court is a drive through kangaroo court for which the prosecutor will not be adequately prepared. Prosecutors and judges will hate you for it because it works. Close friend of mine has gotten out of about a dozen tickets that way.

[boyhitscar1]

I am not quite sure but perhaps it may be possible to go the "safety" route and say you were following the flow of traffic to impede an accident that may happen if you slowed down to much (assuming the car behind you had some crappy brakes).

However this might go both ways as they may ask you why you were following to close to the car in front of you (assuming if you were or not).

Just a shot in the dark...

[mrray13]

Originally Posted by nova

See I'm a stone cold SOB. I'd wait till the prosecutor has rested, call you up on direct examination and THEN start asking for all that documentation. At that point its apparent the prosecutor has not shown the court the device was properly calibrated and CAN'T show the court because he's already had his bite at the apple. At that point, they're SOL. If the judge allows the prosecutor to provide the documentation, its a civil rights violation and will be overturned on appeal. If the judge convicts regardless, the appeal will again get them because they convicted without evidence.

The name for it is "Trail by ambush" and it relies on the fact that for the most part, traffic court is a drive through kangaroo court for which the prosecutor will not be adequately prepared. Prosecutors and judges will hate you for it because it works. Close friend of mine has gotten out of about a dozen tickets that way.

I'm no lawyer, so forgive me the following...


Say I go to court with the radar certification, as well as my own, then what? Where do you go from there? I know officer's who do that exact thing, so I'm curious as to what your next lin would be.


Also, can't the state redirect? Is that the proper term? So, everyone can get more then one bite at the apple, so to speak?

[Sax1031]

Originally Posted by nwotank

Ask for jury trial, you are not guilty!

Seriously?




Are you saying he was not running 65 in a 60 when he admitted he was?

[Havok]

Asked for the source code of the radar gun. It worked for some guy, and I always wanted to use this. Basically if you can convince the judge that you need this for your case (which could be hard if you aren't very good with computers and writing code), the judge will order the source code which the company will refuse to give, therefore they'll spend ages going back and wasting there own money or they will let you off.

[RichieRich]

Tell them to go catch criminals then to write petty chicken sh.t tickets. You'll still get a ticket but at least you'll get some frustration off your chest.