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Speeding Ticket defense questions? Help needed.

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Old Feb 26, 2001 | 10:18 AM
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Question Speeding Ticket defense questions? Help needed.

My Girlfriend got a speeding ticket that she has decided to defend in TX court.
The circumstances are this: He says 55 in a 40. He used a radar gun. Don't know the type. It was night, and we were on a 3 lane street. We were also not the only car on the road that night. He just happened to pick us. I was in the car and I don't think we were doing more than 45.

Anyone have any good questions to ask when she goes to court?

I've heard to ask for the date of the last calibration of the radar gun.

Any thoughts would be highly appreciated.

Thanks,
James

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Old Feb 26, 2001 | 01:54 PM
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Would be easier for him if you tell him your address.

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Old Feb 26, 2001 | 02:16 PM
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Whoops. Thought it was in my profile.

garett@gte.net.
 
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Old Feb 26, 2001 | 02:18 PM
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98Cobra,

You've got mail!

Thanks a ton.
James
 
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Old Feb 26, 2001 | 02:21 PM
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Email Bernd@texas.net , Tell him Ted sent you.

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Old Feb 26, 2001 | 02:53 PM
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Done. Thanks.

James
 
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Old Feb 27, 2001 | 12:14 AM
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Get a lawyer that is buddy buddy with the judge, DA, and/or clerk. There are some that can get you out of almost any traffic violation just through their connections.
 
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Old Feb 27, 2001 | 12:19 AM
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Send me an email - I beat a ticket in Frisco last year.
 
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Old Feb 27, 2001 | 10:01 AM
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you guys make me sick yes, i'm a cop.

to get out of a ticket you need to convince the judge that the "alleged" offense did not occur, or that if part of the offense DID occur, there are at least some elements that cannot be proved. usually the radar gun is used to confirm what the cop already knows: you're speeding. i rarely, if ever, use the radar. usually i will match my speed with theirs after i have estimated the speed, and then follow for a period of time (math formula from high school: rate x time = distance; and distance / time = rate). if you travel a set distance (e.g. one mile), how long does it take (e.g. 60 secs)? answer is you are travelling at 60 mph. believe it or not, cops are trained to estimate speed. we know how fast you are going before the radar comes on. we use the radar as an easy argument tool to end the discussion so that some punk who wants to argue with us on the side of the road will be quiet while we give the ticket (imagine trying to explain rate x time = distance to someone who is late to work and feels it's necessary to go 45 mph in a 20 mph school zone in the morning).

not that that helps too much, but here are some practical tips:

1. don't admit anything in court unless forced to

2. if you know you did it, then don't take the stand as a witness, even for yourself. you have a right to remain silent and not sya something that is incriminating, but as soon as you sit in the witness chair, you give up that right. you HAVE to answer questions from the prosecutor or the judge, even if you then have to admit you are guilty. so don't take the stand unless you truly are innocent. (if you're not sure if you were or were not guilty, probably wise not to take the stand then either). which leads to:

3. NEVER LIE IN COURT. if you do you will lose for sure. and it will haunt you in any legal proceeding for the rest of your life.

4. take a look at the code (i.e. laws, statutes, etc) that you are being charged with and know what elements are required to prove you did the offense. (for example, if the offense is DUI in UT: you must be 1) operating or in physical control of a 2) vehicle, 3) in UT 4)under the influence of drugs or alcohol that renders the operator incapable of safely operating the vehicle OR 4) blood alcohol limit of .08 or greater.) if you know the elements of the offense you can disprove any ONE of the elements which means you are not guilty of the offense (e.g. "your honor, i was in UT and my BAC was .08, but i was not operating or in physical control of the vehicle")

if you need more suggestions, email me:

dcp33_abo@yahoo.com

[This message has been edited by dcp33_abo (edited 02-27-2001).]
 
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Old Mar 7, 2001 | 09:55 AM
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Try to find the officers work schedule. Try to set your court date on his days off. It might be he does not show up.

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