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12/21/07

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Apple_Addict

Apple_Addict

Bronx, NY
March 2005

DEC 19, 2007 09:49 PM

Ok I'm going to try to make this short... heres the deal;

I was driving back from my brother in-laws house in upstate NY, I was headed back to the Bronx which is where me and my girlfriend live. Anyway the speed limit on the i-87 is 55 MPH, I was doing 58 (at most) when I passed the parked police car. The next thing I know I'm getting pulled over, anyway we go through the whole deal with the license and regristration, after running everything he comes back saying that he clocked me in at 79 MPH... mind you there were about 3 other cars around me in the other lanes, I was on the passing lane all the way to the left while he was parked all the way to the right side sholder; basically the mother fucker probably clocked in someone else going that speed and pulled me over for some reason. Well from what I hear thats going to be about 6 points off my license if I'm found guilty whatever

So... is there anyway to fight this in court or am I completely fucked up-the-ass? I don't care I'll pay the fine, I'm just worried about the points getting taken off my license.

Any feedback please? surreal

Margot_Dent

Margot_Dent

Los Angeles, CA
February 2004

DEC 19, 2007 09:51 PM

can't you do traffic school to get the points taken off anyway?

Apple_Addict

Apple_Addict

Bronx, NY
March 2005

DEC 19, 2007 09:58 PM

Margot_Dent said:
can't you do traffic school to get the points taken off anyway?



Yes but, I work for FedEx as a driver... if any points get taken away no matter how long they are there I'm most likely going to get let go, since I have to have a near perfect driving record frown

emotedcreations

emotedcreations

Germany
July 2006

DEC 19, 2007 10:00 PM

If you really want to go to court, one defense I've used is to have the police department disclose when the last time that the radar gun was calibrated. Most of the time they won't calibrate them as frequently as they're required, if they haven't the judge should throw out the ticket unless he's just a fucking cock.

DevilsReject

DevilsReject

Cleveland, OH
February 2007

DEC 19, 2007 10:06 PM

fighting the police is a pain in the ass.

Plus it all depends on where you are at in NY.


Radar And Laser Gun Officer Training Varies By State- Most states follow the NHTSA standard of requiring 24 hours of classroom instruction and 16 hours of field compentency training to become certified to operate police radar and laser guns. NHTSA recommends re-certification of officers and equipment every three years. However, many states do not. New Hampshire does not provide training to operate laser guns, although many are operated throughout the state. New Hampshire has no re-certification requirements. New York only requires four hours of instruction with re-certification every three years. Texas requires seven hours of classroom instruction with sixty hours of field supervised training with re-certification every two years. New Jersey requires four hours of classroom training with four hours of supervised field performance and re-certification every three years. Utah requires eight hours of class and field training with re-certification every three years. These are state guidelines to be followed by state police agencies. Many localities have no formal training programs.



from here: http://speedinglimits.com/trends.html

New York City police use laser radar, which is extremely hard to target the wrong car. Municipalities usually just have radar guns, that when targeted at a pack of moving vehicle, may not necessarily be accurate.

As you can see, Municipalities have far less training when it comes to speed reading devices, and sometimes none at all depending on the municipality.

If you're that serious about it, find a lawyer and fight it. Is there a chance you are going to lose your license?

Apple_Addict

Apple_Addict

Bronx, NY
March 2005

DEC 19, 2007 10:12 PM

DevilsReject said:
fighting the police is a pain in the ass.

Plus it all depends on where you are at in NY.


Radar And Laser Gun Officer Training Varies By State- Most states follow the NHTSA standard of requiring 24 hours of classroom instruction and 16 hours of field compentency training to become certified to operate police radar and laser guns. NHTSA recommends re-certification of officers and equipment every three years. However, many states do not. New Hampshire does not provide training to operate laser guns, although many are operated throughout the state. New Hampshire has no re-certification requirements. New York only requires four hours of instruction with re-certification every three years. Texas requires seven hours of classroom instruction with sixty hours of field supervised training with re-certification every two years. New Jersey requires four hours of classroom training with four hours of supervised field performance and re-certification every three years. Utah requires eight hours of class and field training with re-certification every three years. These are state guidelines to be followed by state police agencies. Many localities have no formal training programs.



from here: http://speedinglimits.com/trends.html

New York City police use laser radar, which is extremely hard to target the wrong car. Municipalities usually just have radar guns, that when targeted at a pack of moving vehicle, may not necessarily be accurate.

As you can see, Municipalities have far less training when it comes to speed reading devices, and sometimes none at all depending on the municipality.

If you're that serious about it, find a lawyer and fight it. Is there a chance you are going to lose your license?



Nope this is my first ever moving violation offense. But like I said before I'm a driver for FedEx so I can lose my job over this, just because of the points.

DevilsReject

DevilsReject

Cleveland, OH
February 2007

DEC 19, 2007 10:22 PM

i didn't realize fed-ex was that tight.

CDL's don't even require that kind of restrictions. When i had mine, as long as i stayed below a certain point level, my CDL was perfectly fine, if i ever went above that set limit, it was suspended.

If your career depends on your license i would definitely find a lawyer and going forth with defending yourself.

Cops are human. Humans are capable of error.

Subrosa

Subrosa

San Francisco, CA
July 2004

DEC 19, 2007 10:35 PM

DevilsReject said:
If your career depends on your license i would definitely find a lawyer and going forth with defending yourself.



You are correct. Exactly what I came in here to say.

PRockGirlScout

PRockGirlScout

Portland, OR
October 2005

DEC 19, 2007 10:36 PM

emotedcreations said:
If you really want to go to court, one defense I've used is to have the police department disclose when the last time that the radar gun was calibrated. Most of the time they won't calibrate them as frequently as they're required, if they haven't the judge should throw out the ticket unless he's just a fucking cock.



You're kind of awesome.

DevilsReject

DevilsReject

Cleveland, OH
February 2007

DEC 19, 2007 10:43 PM

Being that it's your first offense, i would kind of like to believe that the judge would see this as an error on the officers part and maybe show you some mercy since your license depends on it.

It's not like you're out eating babies and dealing meth to school kids, you *might* have been going a little fast, everyone makes mistakes.

but. like mentioned. you could get a dickhead of a judge that doesn't make exceptions, either way, a lawyer is in your best interest. Don't for one second think you can defend yourself. They call it practicing law for a reason, you need to practice it every day to be good at it, like some lawyers are good at it.

AceT

AceT

Portland, OR
April 2004

DEC 19, 2007 10:59 PM



There are traffic court lawyers that will handle this for you for like $60 and unless you've done something horribly unspeakable you'll usually get away without any kind of record.

MrStitches

MrStitches

Brooklyn, NY
November 2003

DEC 19, 2007 11:08 PM

Even if you can't get a lawyer, if you plead not guilty on the ticket, and go through the basic motions without actually going before the judge, they will generally cut you a deal where you plead guilty to a lesser offense with a lower fine and fewer points (I think I wound up getting 1 point instead of 3 and $150 instead of $350). You can also ask for a written deposition from the officer who gave you the ticket at the courthouse, and I've been told that if they never filed one, which happens often, you're off the hook.

emotedcreations

emotedcreations

Germany
July 2006

DEC 19, 2007 11:16 PM

bald_eagle said:

DevilsReject said:
Don't for one second think you can defend yourself.



Thank you! Defending yourself is usually about as good an idea as trying to perform your own appendectomy.

Hah! speak for yourself--non-lawyer! ooo aaa

Adroitbeing

Adroitbeing

I'm lost
September 2003

DEC 20, 2007 08:22 AM

For traffic offenses, police departments and district attorneys are reluctant to go through what is broadly described as "the process of discovery" unless there are other crimes or special situations. I have a lead foot, I drive fast cars, and many years ago, I did lose my license for an accumulation of speeding tickets. However, I have been successful using this approach which includes requiring officer sworn testimony, documentation regarding calibration and testing as emotedcreation suggests and demonstrable proof that the device registered and recorded the speed claimed on the summons.

Nevertheless, definitely hire a lawyer! Hell ,hire Subrosa he's good!

Bastardo

Bastardo

Boston, MA
January 2005

DEC 20, 2007 08:28 AM

This whole thread gives me a sense of deja vu.

Tallboy66

Tallboy66

Chicago, IL
January 2005

DEC 20, 2007 10:55 AM

Not to be smart, but can you even do 79 mph anywhere NYC unless it's late at night?
The traffic is killer if I remember correctly.

PaulNikon

PaulNikon

Melbourne, FL
February 2003

DEC 20, 2007 11:29 AM

Be sure to point out that you would not drive at such a high rate of speed. You knowingly would loose your job.

Also, that you drive for a living would help in two ways. You drive more than most and have a perfect driving record. Obviously you are a really good driver. Also, the first point above. You wouldn't risk your job.

Ranie

Ranie

HOPEFUL

Cape Coral, FL

DEC 20, 2007 08:16 PM

I just got a speeding ticket about a month ago... I hate that. mad

Apple_Addict

Apple_Addict

Bronx, NY
March 2005

DEC 21, 2007 12:59 AM

Tsunami66 said:
Not to be smart, but can you even do 79 mph anywhere NYC unless it's late at night?
The traffic is killer if I remember correctly.



Trust me... you can hit 79 mph in NYC, this coming from a NYC native ooo aaa

Anyway that's beside the point... I was cought speeding in upstate NY not NYC wink

Squire

Squire

I'm lost
November 2003

DEC 21, 2007 02:52 AM

Cash

Cash

USA
OLD SKOOL

DEC 21, 2007 07:31 AM

If it's really not the money issue...rather than the license points.....get a lawyer who specializes in traffic court.

From my experience...and other anecdotal evidence, NY Staties are hard-nosed about speeding. This may result in an unwillingness to budge on speeding tickets. Get the lawyer if you're going to fight the ticket.