Do they have to show the radar reading? - Sportbike Forum: Sportbike Motorcycle Forums
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post #1 of 48 (permalink) Old 05-18-2002, 02:35 PM Thread Starter
 
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Do they have to show the radar reading?

Ok long story short here.

I got pulled over and the cop said I was doing 52 in a 35. He was in motion coming from the other directions, plus there was a sign that prohibited me and him from seeing each other for the majority of the time. I was going around 40-45 but not 52. This cop would not showing me the radar lock and he said " when driving we do not have to lock it in, I don't have to have it locked in"

Well I never signed the ticket after arguing with him for 15 mintues about how he possibly was able to tag me. Can I get this thrown out of the court since he never was willing to show me the radar gun?

What do you think I should do? I have a very good argument but I dont want to be wrong. My options right now are:

1. argue, plea not gilty and hope it gets dropped.

2. Do differed ajudification.

3. Get an attorney.
chad 711 is offline  
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post #2 of 48 (permalink) Old 05-18-2002, 02:46 PM
 
Join Date: Feb 2002
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if he had a radar system, hes a traffic

cop, and these ass holes are supposidy trained to judge speed..so he can go to court and say he "seen" you speeding and the radart varified it..your fecked..cause as a dumb ass judge here in california once told me "police dont lie"!!

i would'nt get a lawyer, there no better than the jerk off that wrote you the ticket...

bite the bullit an pay OR somewhere on this site is a guy who list a site that tells you how to fight it your self..good luck dOOd..
spongebob is offline  
post #3 of 48 (permalink) Old 05-18-2002, 03:11 PM
 
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go to court, ask them to produce the actual gun, the maintenence logs, the tunning logs, the tuning forks, and the logbook, they will not want to do this so they will through it out of court.
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post #4 of 48 (permalink) Old 05-18-2002, 03:13 PM
 
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Try to find an attorney who does a lot of traffic court appearences. Shop around. If TX is like CA, there are too many attorneys, so you may find an aggressive attorney to help you out for a reasonable fee.

Pleading guilty is an option.

So is doing the trial yourself. You DO NOT have to testify at trial, you can just ask the cop a bunch of questions. The cop may not show for trial. The cop may come off as a jerk. The cop may die of clogged arteries due to too many donuts. The cop may be on vacation. If you think it will help, bring pictures of the sign in question. Anything can happen at a trial. Just dress nice, be respectful of the bailiff and judge. Present the facts logically and simply. Common sense is your best argument.

Don't miss your court date if you decide to fight. Be there early. The first appearence probably won't be the trial (call ahead to make sure), just where you plead not guilty and get a date for trial. Check out the exact courtroom where the trial will take place. Ask where it is. Appear early for trial.

How about traffic school?? Is that an option??

Let us know, either way, how it turns out.
desmo079 is offline  
post #5 of 48 (permalink) Old 05-18-2002, 03:14 PM
 
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Quote:
Originally posted by SilentNEKO
go to court, ask them to produce the actual gun, the maintenence logs, the tunning logs, the tuning forks, and the logbook, they will not want to do this so they will through it out of court.
good stuff.
desmo079 is offline  
post #6 of 48 (permalink) Old 05-18-2002, 04:50 PM
 
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Wish I could help ya, but unfortunately I loaned out the best book I'd ever seen on fighting radar, and don't know to whom! I have one now that was written by an ex-NY state trooper, but it can't hold a light to the one I had written by a lawyer. Some things may or may not apply in this day and age (and in your state), but a few things that stuck:
1. If you're alone, be prepared for trouble!
2. If you have a passenger, tell 'em to take notes/remember what's said, etc
3. Get as much info as you can (officer's name, badge number, his supervisor's name, radar unit info (serial #, etc), yadda yadda yadda. This will later be used in court for defense, or just to confuse the issue and allow the system more opportunities to screw up!
4. Memorize this phrase (in case he balks at any of your requests):
"Are you refusing to supply me with requested information which could be used for my defense in a court of law?"

What's he gonna say? Is he gonna give you the info, or is he gonna refuse, which you can bring to the judge's attention (or is he gonna whap you on the head if nobody’s looking)!

If anybody out there knows 'bout this book, I'd be happy to know the name/author, etc. All I remember was the author was a lawyer in Washington, D.C. that specialized in traffic cases. I bought the book from Auto sumpin 'bout 20 to 25 years ago: it was a big mail order outfit that started off in slot cars and grew to include bodywork, etc for sports cars. The owner of the mail order outfit was Kowalski or sumpin' similar (was a bit of legend in sports car circles).

How's zat for narrowing it down! It's a shame we can't locate the book, as it was broken down into sections:
1. Passively avoiding radar
2. Actively avoiding radar (even told you what type of Dupont radar absorbing paint to use)!
3. What to do if you're caught

BTW, at the time this book was written, he claimed if you request to see the reading, the officer had to comply. He suggested that if you were the victim of a two-car trap, you stall and ask for as much information as possible, and as he was just about to write you the ticket, you then ask to see the reading (by then, his buddy up the road has probably reset the radar for the next victim). He also claimed it was standard procedure for departments to get a license from the FCC to operate X number of radar units (with serial #’s listed). Many departments misunderstood, thinking this license allowed them to operate any number of units, and when buying additional units, they did not bother to have them registered with the FCC. If you were caught with one of these unregistered units (based on the serial # info you requested at the original stop), supposedly you beat the ticket.
‘Course, this info was written a long time ago, laws/loopholes have probably been closed, and as stated, if you’re by yourself, ya might wanna think ‘bout how hard you wanna push when stopped. This fellow claimed this stuff applied in all states, but that would really surprise me in this day and age.

Anybody care to enlighten (laws or the book in question)?
basicblur is offline  
post #7 of 48 (permalink) Old 05-18-2002, 05:32 PM
 
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hey bro, the cops do NOT have to show you the radar gun. (at least in ky. they don't)
if you don't want to hire an atty., you can call the county atty. and discuss your ticket with him. or, you can go to the first trial date, arrive early, and ask to speak with the county atty. then.
just be very respectful and friendly. quickly state the facts why you weren't guilty, and why you need to keep the points off your license (insurance, job, or whatever). if he doesn't agree to something reasonable, you can just plead not guilty and get a lawyer.
btw, i just recently talked myself out of a 53 mph over, and drag racing. i ended up with traffic school and 199$ fine... no points
R1forFUN is offline  
post #8 of 48 (permalink) Old 05-18-2002, 05:36 PM
 
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Quote:
Originally posted by R1forFUN
hey bro, the cops do NOT have to show you the radar gun. (at least in ky. they don't)
if you don't want to hire an atty., you can call the county atty. and discuss your ticket with him. or, you can go to the first trial date, arrive early, and ask to speak with the county atty. then.
just be very respectful and friendly. quickly state the facts why you weren't guilty, and why you need to keep the points off your license (insurance, job, or whatever). if he doesn't agree to something reasonable, you can just plead not guilty and get a lawyer.
btw, i just recently talked myself out of a 53 mph over, and drag racing. i ended up with traffic school and 199$ fine... no points
Good Job! It's the points that cost you big insurance $ in the long run.
desmo079 is offline  
post #9 of 48 (permalink) Old 05-18-2002, 05:54 PM
 
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Quote:
Originally posted by R1forFUN
hey bro, the cops do NOT have to show you the radar gun. (at least in ky. they don't)
Not disputing your claim, but just curious who told you that? Surely not a cop?
Iff'n he did refuse to show you the reading (even if he's not required to), wonder what would happen if you whipped out your memorized phrase for him? I'd think maybe a lawyer could have a good time with a cop that 'refused to supply you with information which could be used in your defense in a court of law'?

Sumpin' to think about (and research a bit more)?
basicblur is offline  
post #10 of 48 (permalink) Old 05-18-2002, 07:04 PM
 
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Posts: 1,992
Everyone keeps talking about radar gun serial numbers, and such and so forth. Unfortunately, most police departments have gotten wise to this type of defense, and have kept their papers in order. Give it a try, but I think most cops are expecting this defense.
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