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#1 (permalink) | ||
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Stoner
Join Date: Nov 2005
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traffic court
Have you been there?
I have a case on December 27 for a violation at 04:25 going 79 in a 60. My laser detector beeped but he had already got my speed so quick; he noticed a sharp decline and knew I had a detector. On the notes it says "observed radar detector." Will the cop be at the first hearing or is it just a one-on-one thing? If it's the former, do you think it's possible to win a case simply by bringing in the fact that there were man other cars in the area that could have been the one going 19 over... Any stories? I just think it can't hurt to try.
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#2 (permalink) |
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Learner
Join Date: Jul 2001
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Basically go in there with a take no shit attitude. Bad mouth the cop if he's there. Bad mouth the fucking jury. Grab the chick writing the minutes by the beard and say, "LOOK INTO MY EYES" and wear heavy ass boots and for no reason ever EVER sit down. That's asking for them to view you like the take shit little bitch you'd become if you sat on the fucking chair for those guys, and they'll put that chair right out there, you'll see it as soon as you come in - they'll make it obvious - DO NOT SIT - STAND! Even if they say nicely, "take a seat" you whip around - --- "FUCK YOU!" point your finger right in their ugly god damn faces, shake it inches from their face - FUCK YOU! I won't sit! And then you turn and look at the judge and look him right in his eyes and you let him know without even saying anything you ain't no take shit little bitch, you're a real man, and you ain't leaving this courtroom without a full pardon and a pat on the back.
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#3 (permalink) |
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Victoria Aut Mors
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I've had friends with similar citations.
with one they hired a lawyer (was a matter of going over allowed points) who argued that the radar was not recently calibrated and won. Had another that said he had just installed over sized tires which caused the speedometer to read a lower value...that shit didn't fly. had another with several minor speeding violations and always went to night traffic court and got off with it all except one time. oh, and the arresting officer usually doesn't appear, at least in pittsburgh traffic court.
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#4 (permalink) |
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Shpadoinkle
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Were you caught by a mobile speed trap (dude with a laser, rather than a fixed camera) and notified of the speeding through the mail? Or did you get pulled over, and have the dude physically discover the detector/jammer?
If the former, just ask them to prove you had a jammer, they won't be able to. If the latter, you're boned.
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#5 (permalink) |
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Successful Failure
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Pay the money, learn your lesson.
The lesson being the court is in business to collect taxes you won't pay voluntarily using the police to strong arm you. Pay up sunshine, you're fucked. Best you can hope for is extentions until you can't and hope it's vacation time when your case comes up. Good luck... In getting a good parking space at court, the rest of the shit is rigged.
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"And those who are successful, be always on your guard. Success walks hand in hand with failure, along Hollywood Boulevard" Ray Davies --------------------------------------------------- ![]() ---------------------------------------------------
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#6 (permalink) |
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Spark It or Park It
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^ preach on man preach on
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In matters of style, swim with the current; In matters of principle, stand like a rock. -Thomas Jefferson You will encounter many distractions and many temptations to put your goal aside: The security of a job, a wife who wants kids, whatever. But if you hang in there, always following your vision, I have no doubt you will succeed. - Larry Flynt |
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#7 (permalink) |
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Shpadoinkle
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The only lesson he'll learn by not contesting it (unless he was caught with the actual device) is that it's alright accept the long dick of the law without question.
I respectfully disagree that should be the case for someone doing less than 20mph over the limit (on a presumably open road, for there to be an enforced 60mph limit) at 4.25am...
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#8 (permalink) |
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Spark It or Park It
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b/c responsibility for ones actions is over-rated right? Rubix never saws if the cop saw it or not. Just that there was a note on ticket.
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In matters of style, swim with the current; In matters of principle, stand like a rock. -Thomas Jefferson You will encounter many distractions and many temptations to put your goal aside: The security of a job, a wife who wants kids, whatever. But if you hang in there, always following your vision, I have no doubt you will succeed. - Larry Flynt |
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#9 (permalink) |
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Old School
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You need to file Discovery with the Court's Clerk (maybe different in your State) so you can get a copy of the Officer's copy of the ticket. There is probably a detailed narrative of the contact the Officer had with you. This information is important.
Additionally, you should gather information on the name of the gun manufacturer. Call and get performance info. Request laser maintenance records from the cops. When was his last certification? Search the cops record of citations issued versus convictions obtained. He might be a better patrol officer then a traffic cop. If you want to argue this in court, focus on the officer's ability to properly aim. Weather, traffic, road conditions will all affect that way the laser reads. The Cop will present if you are taking this to trial. Have you already met with the DA had a pre-trial conference? If by case, you mean trial, then he will be there. If the cop doesn't show (for WHATEVER reason, it's not your concern that the cop is on vacation, or his sick mother needs care in Nebraska. Who gives a fuck.) and the DA attempts to postpone your trial, I would recommend that you consider NOT accepting a continuance. You have the right to confront your accuser. Tell the Judge, and move to dismiss because you are "Ready" and the State cannot present a witness to testify on charges that you have appeared in court to defend yourself against. That's why you hear about witnesses being eliminated before major trials. ![]() Now the Radar detector? Did the cop ask you if it was a Radar Detector and did you answer? If he didn't, how can the cop testify that he recognized the name and model of the Radar Detector? This is information that will probably be in the Discovery that I mentioned earlier.
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#11 (permalink) |
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Victoria Aut Mors
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I drove for about 20 years never had even a parking ticket.
only time I was pulled over was on my harley coming from a car wash, my visor was steamed up so I had it flipped up. Cop sited me for driving without corrective lenses on (they were steamed up too).
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#12 (permalink) | |
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Old School
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Quote:
That's what court is all about, friend. You can be charged with anything. But what can they convict you of? That's why defense lawyers research the case. They want to know what evidence the Prosecutor will attempt to use and the statute which the Prosecutor will attempt to prove was violated. Rubix' dismissal could be plucked out of the air for many different reasons once the Officer's "complete investigation" has been investigated itself.
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#14 (permalink) |
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Shpadoinkle
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Entirely so.
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#15 (permalink) |
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Victoria Aut Mors
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detectors are illegal in some areas arent they ?
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#16 (permalink) | |
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Victoria Aut Mors
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Quote:
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#17 (permalink) | ||
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Stoner
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i was thinking about ripping it off the dash to hide it in my console but i thought i avoided it all together and didn't realize i was being pulled over until he was on my tail and was too scared to reach for anything. fuckin sucks.
plus the LIDAR says it was calibrated right after the stop. i could possible challenge the fact that the cop was too far away, no priors, early morning, didn't admit guilt, didn't make up any excuses for cruising downhill at grossly over the limit, and maybe i could lie and say Ive only been pulled over for not having my lights on. Even tho this is a lie, they don't have a record of it if I didn't actually get a citation.
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#18 (permalink) |
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life is music
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Always go to court for such things. Don't give some dumb fuck excuse though.
I've been for quite a few more speeding/traffic tickets than I should have as for a bit I was traveling 95 quite frequently and at times being dumb. That said I don't believe I've ever paid more than maybe 20 bucks (court costs) if anything. It's kind of amazing how well being polite both during the stop as well as in court will help. |
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#19 (permalink) |
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Old School
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Perfect! Now you have a place to start. Calibrated AFTER your stop?
Will the company who manufactures the device warrant the calibrations made by a third party (who calibrated the device)? And if they will, does your State recognize that certificate as evidence or is there a hearsay exception to admitting a document like that? |
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#20 (permalink) |
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Spark It or Park It
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__________________
In matters of style, swim with the current; In matters of principle, stand like a rock. -Thomas Jefferson You will encounter many distractions and many temptations to put your goal aside: The security of a job, a wife who wants kids, whatever. But if you hang in there, always following your vision, I have no doubt you will succeed. - Larry Flynt |
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