FIGHT IT!!

Been there, done that................and won.

You stated that the trooper stated they caught you speeding "5 miles back"??!!

I don't know about Wisconsin, but out here the officer must have visual contact with the offending vehicle from the time the violation is recorded to the time the vehicle is stopped. Unless the cops in the plane had bionic eyes and could read your plate from the air, that is.

When I went to court the officer could not prove that the car the plane (helicopter in my case) saw, and the car the trooper stopped up the road (mine) were one in the same, beyond a reasonable doubt.

Good Luck.

 

im quite glad that the money the government tears from my pockets is going to high tech airplanes and computers to stop those drug dealing, nun killing, suicide bombing speeders. escpecially with 13 over! if i was on the jury you would go to the chair!

 

13 over isn't much less than 15 over, but it's a difference of a point.... not to mention, according to those unmanned radar stations, my speedo is a few MPH fast, so I was thinking I was doing 9 to 10 over... Perhaps I should go have my truck checked by the dealership... if I was going slower than the calculation (and speedo reading), that might improve the ideo of inaccuracy in the method they use...

I wish it was local, so I could go check out how far apart the measuring lines are...

 

FIGHT IT! FIGHT IT! FIGHT IT! FIGHT IT! FIGHT IT! FIGHT IT! FIGHT IT!
FIGHT IT! FIGHT IT! FIGHT IT! FIGHT IT! FIGHT IT! FIGHT IT! FIGHT IT!

1) When you go to court if the office does not show up, then you get off the ticket. For a ticket by an airplane both officers have to be there. The one in the car and the one in the plane.

2) There is no way to prove the vehicle the airplane was watching and you were the same vehicle unless the airplane was overhead and saw the cop behind you and confirmed it.

3) The method they used to determine your speed is called the VASCAR Method. It is illegal in some states so check on that.

4) The officer in the car must also confirm your speed before pulling you over. If he didn't, then you can probably get off.

5) When one officer is testifying make sure the other officer leaves the court room so they are not prompting each other. If there stories are different, then you can probably get off.

6) Also, ask the officer in the car when he testifies how he obtained your speed. If the officer in the car says the officer in the airplane obtained your speed, then you need to call a "Hearsay." It is hearsay because he did not directly observe the officer in the plane measuring your speed. He had to do that on his own.

If everyone fights their tickets, then the courts will be overrun with people fighting tickets. If this happens, then cops will only be able to give tickets to the most drastic speeders.

Also 50% of people who fight tickets win. Like flipping a coin!

 

That is not true in all cases. I received a ticket the cop didn't show and the judge set another court date.

 

What easterisland said. I have had that happen also, they just gave me another court date.

Beefcake:

In the smokey mountain area, they use helicopters to track you with radar. I had 7 friends get tickets last year from a helicopter.

Your never really safe any more.

 

I am absolutely with intel486, and would be willing to bet that you will win your case on the fact of Hearsay. The cop that rights the ticket must have tagged you with the radar or paced you, if not it's Hearsay and is unadmisable as evidence. Case dismissed, also if the officer claims that she did tag you with her radar ging 80 you can require proof of her last certification on the equiptment and the last calibration of the gun. If either one is out of date, Case dismissed. You have nothing to loose even if it takes a day of your time it's better than what you will pay for the ticket and insurance hikes!

Eric

 

Here in jersey a friend of mine got clocked speeding in her cabrio(slow) on her way down the shore by a police helicopter. in this case, the helicopter actually landed on the road in front of her, and waited for another cop to come issue the ticket...

 

lmao....now that would be a site

--wes

 

Yeah, you gotta love NJ.

We have radar, lidar, VASCAR, checks from cars, hidden "trap" points, plane and helicopter! Woohoo.

Its interesting to see how some of the places are setup for VASCAR, they actually have measured lines painted on the highway at specific intervals.

They tried to push through writing tickets from EZPass (they could calculate your average speed between toll-booths from the electronic payments), but that got nailed as illegal based off of invasion of privacy or something.

Though they still have radar AT each toll-booth and will give you a citation for going to quickly through toll-booths.

Other then that, we usually have very well paved highways, which is a bonus... Just stay off the western-spur of the turnpike at 13-15..

Daniel

 

don't roll over. All the above comments supporting your contesting the ticket - which is of dubious integrity - are correct & sound.

Some states do not require both officers to be present, however, there's nothing to stop you from getting a subpoena for the aircraft officer to be present. IF your state is one that requires that both be present AND both do not show up, you move for a dismissal of charges. IF the judge attempts to continue you OBJECT, "the defense is here and ready to proceed, the prosecution has failed to meet it's burden of proof beyond a reasonable doubt. A continuance would violate the defense's right to a speedy & fair trial, again, I move for an immediate dismissal."

If it's a kangaroo court, you have logged your means of appeal.

Look at it this way, screw the 4 points, your insurance will go up for 3 - 5 years, and could amount to thousands of dollars. Don't just Fight, Fight to win.

And, by fighting to win, Beef, that means taking everything you read here with a grain of salt - my comments included - and seriously prepare yourself to fight. go to www.motorists.org (the NMA) and check them out. They have immense resources for BS ticket fighting. Since you mention you may be in point trouble, I seriously suggest you consider a lawyer. In the long run, it may be cheaper.
<soapbox>
Finally, remember, as Independence day nears, thousands of our ancestors fought against the crown, many giving their lives, so that we could live free with a limited government. A central theme of that government that you not be convicted without due process of law. That means the prosectution must prove it's case against you, if you stand up and fight. If you don't make the state prove it's case, you are throwing away what thousands of revolutionary war soldiers fought & died for...
</soapbox>

Good luck.

 

FIGHT IT!!! Everything Smurfslayer says is true. You stand a very good chance of getting off if the 2 cops dont show and since you are out of state you can object to a new court date, due to extreme inconvience since the prosecution was not prepared for the case. You traveled to make the court date why cant the state be prepared as well. What if you didnt show up, they can't have it both ways. Unless the state can show reasonable cause as to why the officers are not present the case should be dismissed. Also be sure to either 1. get a good lawyer with experience in this kind of thing, or 2. really educate yourself regarding the law as it applies to your case, the burden of proof as it applies to your case and due process as it applies to your case. Any or all of these issues could result in dismissal. Unfortunately cops will fabricate and some will out right lie on the witness stand if necessary and the court will usually side with the state. "Those of you in the law enforcement community please dont flame me for this, I know that there are still honest cops that would never comprimise personal integrity by lying but you guys may be in the minority." Hope you beat it, let us know how it turns out.

 

Thanks for all of your advise... This has been a very infomative thread for me.

Please continue to post any advice/tips... I have quite some time until my court date!

 

FTP

 

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