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Discussion Starter #1
I dropped my daughter off for school today and as I was leaving I got waved to the parking lot by two motorcycle cops. One of them proceeded to tell me that I was doing 41 in the 20 mph school zone. :confused:

Now, I know better than to do something like this. I may be guilty of the occasional 25-28 or so here, but NEVER in the 40's.

I ask the officer, "Are you sure I was going that fast?" and he said, "That's what I clocked you at."

So I hand him my insurance card and liscense and he proceeded to write me the ticket. When he comes back to give it to me I asked him to see the laser gun reading because I don't believe I was going 41. He says, "Well, it said 41 so I had to write you a ticket for 41." So again I ask to see it and he just walks back to his bike and tells me to "Have a nice day and be careful."

As I drive off I say, "You guys might wanna get that thing calibrated soon."

That just pisses me off. If the gun read 41 then why wouldn't he show it to me?

I hope the judge is kind enough to let me take Defensive driving to get out of this one. :mad:
 

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Here in Ga they have to give you a test if the device if you request it. But the what they do is tap a tuning fork in front of the device. But, it has gotten me out of tickets before. You would think that they would check the calibrtation before offering you the test.

I once was busted with a bunch of other riders, and when we wnet to court, the first guy up to the bench said that he was not doing the speed he was clocked at, and the rest of the riders were not either. The judge looked right at him and said, "Are you calling my officer a liar?" The rider says "No, I am questioning his ability to use the device properly." In the end, it was the riders word against the cops. But when, each of us stepped up and said we were not going the speed we were clocked at, the judge seemed to change his mind. He had 8 people all saying that we were not speeding vs. the one officers word. Guess he was working by a majority rule, because he cleared us all and let us go. Cop was pissed! But he only got us once we had pulled over for a rest and he pulled in behind us.

I'm rambling...

Point being, it usualy comes down to your word against his, and for some reason, the judge believes that his officer can do no wrong, and that the defendant must be a liar. :mad:
 

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Discussion Starter #3
I'm gonna mention to the judge that I was not doing 41 but I doubt it will do any good. I think the best I can hope for is being able to take Defensive driving. I think in Texas, if you are cited in a school zone, they can deny you the right to take DD.
 

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A buddy of mine that is a cop said that when you ask a cop to see the radar or laser gun that they usually get pissed. Maybe the best you can do is plead not guilty and hope they either drop the ticket or at least lower the fine.
 

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Discussion Starter #5
all4glh said:
A buddy of mine that is a cop said that when you ask a cop to see the radar or laser gun that they usually get pissed. Maybe the best you can do is plead not guilty and hope they either drop the ticket or at least lower the fine.

I DO NOT want this ticket on my record. I'm just gonna plead guilty and ask to take Defensive driving.

Why do they get pissed? Seems like a logical enough request to me. If you don't think you were going that fast then they could easily prove that you were. That should be as easy as showing you the gun result. The fact that he wouldn't show me that has me suspiscious that the speed written on my ticket is BS.
 

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The Defensive driving has kept me from a drivng record.

I asked the city prosecutor how i could keep it off my record. he said pay the fine and show proof of defensive driving within 90 days. Done dxeal, and no record.
 

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I can almost guarantee you that if there really WAS a reason that the cop wouldn't show you the gun, then he probably won't show up for the court case either. In IL here, if he dosen't show up, the case is dropped completely, and if you take a lawyer to court you will be able to get schooling even if it is going to stand. I would go to court on the date the ticket says, hire a lawyer, mine only cost $100(?) for the 10 min we were in court, and you might walk out scott free, at worst you're gonna pay for the ticket/schooling and the lawyers fee. If you just check the box and go to school, then you are giving him permission to nail some other parent on the same bogus trap. If the officer was doing his job, and doing it the way he was ordered, then you'll know that as well. I say you gotta at least try and fight it. Last time I had something like that happen, they wouldn't show me the gun either, I had a radar/laser detector that never went off, so I called them on it. When I got to court, there was one cop there, and 8 more of us that were pulled over in the same speed trap. The judge asked if he was the PILOT on duty that day, that's when we all found out we got nailed from the air by a plane!!! Probably clocked me from above and behind, radar detector won't read it too well through the roof. I was going faster than they usually allow to have it taken off my record with schooling, but my lawyer asked the judge for school/supervision. The prosecutor objected, the judge said over-ruled and away I went. If nothing else I got closure on what the hell happened.



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Discussion Starter #8
There's no court date on the ticket. It just says that I need to appear in court within the next 11 days.

Anyhow, if I do plead not guilty and fight it and the cop shows up in court that day, I'm screwed because it's just my word against his. I can't really afford a lawyer right now. I recently got laid off from my job so money is tight. If I fight it and lose, I have to pay the fine AND it will go on my record.

If I plead guilty and ask for a DD course then the ticket is off my record and I'll only have to pay court costs and for the school.
 

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Here in Illinois if you request to see the radar gun, they have to show it to you.. do you have a radar detecter? because if your radar wasn't going off that means his radar gun wasn't on, and they can't give you a ticket unless their gun is on and they clock you, so if your detecter isn't going off then their gun isn't on.. so if you request to see the gun and they don't show you, i would assume that the gun wasn't on and he just saw you were going al ittle faster and made up some number.. atleast thats what i've heard, i may be wrong...
 

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WOW, am i glad i can take a DD course through the military and it's free (for the most part). All i had to pay was the $14 dollars for the card to present to the insurance company. Best part is we just watched a video and BS'd with the instructor.
 

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Discussion Starter #11
BlckRdln04 said:
Here in Illinois if you request to see the radar gun, they have to show it to you.. do you have a radar detecter? because if your radar wasn't going off that means his radar gun wasn't on, and they can't give you a ticket unless their gun is on and they clock you, so if your detecter isn't going off then their gun isn't on.. so if you request to see the gun and they don't show you, i would assume that the gun wasn't on and he just saw you were going al ittle faster and made up some number.. atleast thats what i've heard, i may be wrong...

I don't have a radar detector.

I thought they HAD to show you the speed on the gun here in Texas too. I may be wrong but that's what I thought. That's why I was pissed when he wouldn't show it to me.

I need to find out if they HAVE to show it to you or not here. If they do, then I'll plead not guilty and fight it. If they don't, then I'll just stick with plan A.
 

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Discussion Starter #12
all4glh said:
WOW, am i glad i can take a DD course through the military and it's free (for the most part). All i had to pay was the $14 dollars for the card to present to the insurance company. Best part is we just watched a video and BS'd with the instructor.

You're allowed to take one DD course a year to dismiss a ticket here in TX.

I usually use that priveledge every year. :D But it's kept my record clean and if I could find a crooked DD instructor who'd just give me the test, I know I could pass it without even attending class. ;)
 

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JPK said:
There's no court date on the ticket. It just says that I need to appear in court within the next 11 days.

Anyhow, if I do plead not guilty and fight it and the cop shows up in court that day, I'm screwed because it's just my word against his. I can't really afford a lawyer right now. I recently got laid off from my job so money is tight. If I fight it and lose, I have to pay the fine AND it will go on my record.

If I plead guilty and ask for a DD course then the ticket is off my record and I'll only have to pay court costs and for the school.
I didn't actually fight it, I just went with my lawyer. Once we saw that the cop was there, he got me into the driving school where I should not have even been allowed to. So yes, I did pay a little extra, but it did NOT go on my record for showing up to court. If we had seen the cop, and then still plead not guilty, then it would have been different. My lawyer saw the cop, when it was our turn, he requested supervision (which is the driving school), and I paid the fine for the ticket and the driving school as I left, just like paying the ticket. So you don't have to go in and fight it persay, but showing up gives you an opportunity to get out of it. I was there with several kids who just showed up with their fathers, 3-4 of them had the cases dismissed just for showing up. Do what you think is best, but even if you go alone and plead your case, it won't turn out any worse than if you check the box on the ticket and mail in your money.



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I just emailed a friend of mine that works for a PD in Texas. I will let you know what I hear back. Basically explained your situation and asked if they had to show proof of speeding when askes. I will post back when I hear from them.
 

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here in cali if you ask the cop to see the radar they by law have to show you it, and if he doesnt you can go to court and tell the judge he didnt show you the radar gun when you asked and you will most likely win. but ya here by law if you ask to see it they have to show you it.
 

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let them know you requested to see the laser reading but the officer wouldnt allow you too. where i'm located at they either have to or if not than the judge dismiss' it
 

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Maybe he's dislecik and you were going 14. Heh
 

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Discussion Starter #18 (Edited)
LOL!!! Good one D3. :)


Actually, I just talked to a lawyers office and was told that here in Texas they DO NOT have to show you the laser reading. That figures. :rolleyes:


Oh yeah....$37 legal fee to get the lawyer to try and get the ticket dismissed and if not, get me probation. Basically, just try and keep it off my record.

Should I try the lawyer or just show up in court and see about getting a DD course?
 

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Eh, tell the judge you asked to see the radar gun and the officer refused. Imply that you suspect the officer did NOT in fact tag you going 41.

It would probably also help to tell the officer you DO tend to speed (who doesn't), but you DO NOT speed in school zones.

On the other hand, Texas DOES execute people like it's going out of style, so you may want to just pay the fine and beg for you life...
 

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Discussion Starter #20
bbrazil said:
On the other hand, Texas DOES execute people like it's going out of style, so you may want to just pay the fine and beg for you life...

Funny!!!!

I hope the judge's wife gives him some the night before, LOL!!!!
 
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