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  #1  
Old 06-29-2014, 02:13 PM
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Default Speeding Ticket

Hotter than hell here in Florida today.

Got picked out of a group. FHP said I was doing 81 in a 60. But there was a wall of cars between him and me. Four lane I-4 and I was in slow lane getting passéd by a bunch of SUV's. FHP was hiding in median like they love to do here. It was regular radar - not laser.

Has anybody on the forum here fought one lately and won? I asked to see the radar and he refused to let me see it. $281. I used to have all the legal stuff on fighting them, but I don't anymore. If anybody has that and can forward it - I'll buy the beer.
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Old 06-29-2014, 03:20 PM
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They are required to show you the radar if you request. If they do not, you should have grounds for the case to be thrown out. The constitution says you have a right to face your accuser, that being the radar, not the FHP. The officer will also need to prove the radar was calibrated properly at the time of the "offence".

BTW, I used to work traffic enforcement in San Diego, CA.
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Last edited by mrolow; 06-29-2014 at 03:22 PM. Reason: more info
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Old 06-29-2014, 03:29 PM
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In jersey by the time you pay court fees and take a day off work it's cheaper to pay the ticket. Beating the points is the only real motive around here.
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Old 06-29-2014, 05:01 PM
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Quote:
Originally Posted by mrolow View Post
They are required to show you the radar if you request. If they do not, you should have grounds for the case to be thrown out. The constitution says you have a right to face your accuser, that being the radar, not the FHP. The officer will also need to prove the radar was calibrated properly at the time of the "offence".

BTW, I used to work traffic enforcement in San Diego, CA.
Not true in NY. The summons is written based on the officer's visual estimate and backed up with a calibrated radar gun. It is not required to show the operator the radar unless you want to. I just returned home from Florida I saw the FHP all over 4 and 95. Kept it 4mph over limit and no more. NY'ers are not loved down South. And I'm law enforcement.
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Old 06-29-2014, 05:54 PM
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I guess my first question would be---We're you going 81? If so, man up and pay the ticket. If not, you have every right to fight the ticket in court.
Jay
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Old 06-29-2014, 06:10 PM
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Quote:
Originally Posted by Pull Ya View Post
I guess my first question would be---We're you going 81? If so, man up and pay the ticket. If not, you have every right to fight the ticket in court.
Jay
I would agree with this and what others have offered with regards to your rights to see the radar etc. Another point to consider, you say there were a "wall of cars between you and him", so it would seem he would have a hard time proving the radar caught you and not one of the others.
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Old 06-29-2014, 06:48 PM
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Quote:
Originally Posted by mrolow View Post
They are required to show you the radar if you request. If they do not, you should have grounds for the case to be thrown out. The constitution says you have a right to face your accuser, that being the radar, not the FHP. The officer will also need to prove the radar was calibrated properly at the time of the "offence".

BTW, I used to work traffic enforcement in San Diego, CA.
I lived in Santa Barbara for a few years back in the early 90's. I don't remember whether it was city or state but I got ticketed by a motorcycle cop with radar. This was strange because he was hiding behind the bushes with his bike on private property. Like on the property owners side of the sidewalk. It wasn't much of a ticket, it was like 30 on a 25 or something and that's what irritated me. So after looking into this I decided to fight it using him hiding on private property as a chance to beat it. However, in court it didn't go that far. The judge asked the cop if the speed limit sign had been updated or something to that affect and the cops answer was "I don't know your honor" and so because of this answer it was thrown out along with several others he gave out the same day. Supposedly the posted speed limit signs at that time were supposed to be updated yearly and the cop was suppose to know this information upon appearing in court. Does that sound familiar to you?
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Old 06-29-2014, 07:04 PM
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Quote:
Originally Posted by Pull Ya View Post
I guess my first question would be---We're you going 81? If so, man up and pay the ticket. If not, you have every right to fight the ticket in court.
Jay
Sometimes traffic is flying at 80 plus on a 70 mph I -10 heading to New Orleans from Sulphur, La. With less time to respond I don't like to travel that fast...75 tops is okay. But I feel you have no choice when everyone is doing 85 and your are in bumper to bumper traffic. I'd hate to get hit in the rear by someone blindly changing lanes. It's happened to me before and it was pretty a bad outcome. So if you are in a group of cars like that I don't think he should have to man up about anything (no offense)...IF that is the case. I believe the cop possibly just grabbed what he could grab out of the group without locking anyone in. Sure he is guilty, but cops have to follow the law as well and get him dead to right, lol. I had a cop one time ride my azz so I pulled over to the side and slowed down some to let him pass but he didn't. So then I sped up and then he hit his lights, ha ha. But he didn't give me a ticket, he just said I looked suspicious and let me go. Yes I guess I was suspicious, suspicious of his intentions, ha ha.
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Old 06-29-2014, 08:01 PM
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This is the reason that I have my passport max hardwired under my rearview mirror as it can catch ka band over a mile away, there is no way that this cop picked you out of group using radar unless it was laser band.
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Old 06-29-2014, 08:14 PM
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I notice some CHP holding the Radar Gun like they were at target practice
Feet parted & braced, 2 handed grip & all

Is that the Laser Type ?
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