Tips for defending traffic ticket?

[hurst]

I have to go to traffic court and could use some advice if anyone has any on what to do. I was pulled over for speeding. The officer that pulled me over had been walking from his patrol car (that was parked in a driveway) to another car that had been pulled over on his way to deliver their ticket. He had the other person's ticket in hand and the Lidar detector in his other hand. At no time while he was walking did he stop, put the Lidar up to his eye, and clocked me while walking to the other offender.

When he eventually came over to my car I asked him if he had recorded my speed on his Lidar device and he did not answer. He just asked me for my license and registration. I asked him a 2nd time if he had in fact recorded my speed and he walked away.

He gave me a ticket for speeding 16 mph over the speed limit. He proceeded to get very agitated by my previous question of whether he had used his Lidar on my car. He went on a rant about how it works, how accurate it is, etc. I took the ticket and said nothing.

There were several (5) obstructions between where he was walking and where my car was traveling including 2 electrical boxes, a lampost and a traffic signal post. I have photos of all of this. Had he in fact used the Lidar while walking, those obstructions would have all been directly between him and my car on the road, therefore possibly getting in the way of an accurate reading.

My questions are:
1) Can my defense be that I do not believe he used the Lidar? If so, how strong is that? What does the officer need to show to prove that he used it?

2) Is it even possible to use the Lidar while walking?

3) my 9 year old daughter was in the car at the time. should I bring in a statement from her attesting that he did not answer my inquiry when I asked him twice about how he determined my speed?

Thank you for your help!!

[hussein]

I have to go to traffic court and could use some advice if anyone has any on what to do. I was pulled over for speeding. The officer that pulled me over had been walking from his patrol car (that was parked in a driveway) to another car that had been pulled over on his way to deliver their ticket. He had the other person's ticket in hand and the Lidar detector in his other hand. At no time while he was walking did he stop, put the Lidar up to his eye, and clocked me while walking to the other offender.

When he eventually came over to my car I asked him if he had recorded my speed on his Lidar device and he did not answer. He just asked me for my license and registration. I asked him a 2nd time if he had in fact recorded my speed and he walked away.

He gave me a ticket for speeding 16 mph over the speed limit. He proceeded to get very agitated by my previous question of whether he had used his Lidar on my car. He went on a rant about how it works, how accurate it is, etc. I took the ticket and said nothing.

There were several (5) obstructions between where he was walking and where my car was traveling including 2 electrical boxes, a lampost and a traffic signal post. I have photos of all of this. Had he in fact used the Lidar while walking, those obstructions would have all been directly between him and my car on the road, therefore possibly getting in the way of an accurate reading.

My questions are:
1) Can my defense be that I do not believe he used the Lidar? If so, how strong is that? What does the officer need to show to prove that he used it?

2) Is it even possible to use the Lidar while walking?

3) my 9 year old daughter was in the car at the time. should I bring in a statement from her attesting that he did not answer my inquiry when I asked him twice about how he determined my speed?

Thank you for your help!!

Sorry the man is always right, and they know it. So in court the judge will take his word over yours. So you will lose.

[chason58]

doesn't matter how innocent the motorist is the courts want money and will always side with the cop unless you have absolute evidence he was wrong or lying, you know that saying "innocent until proven guilty" ? it doesn't apply to motorists

[juanito]

You should go to Court and tell the Judge;

i) You do not believe he used the Lidar
ii) There were too many obstructions between you and the Lidar for it to work
iii) That even if he DID turn it on, he was on foot

AND you should bring a sworn, notarized statement from your 9-year-old stating that she witnessed all this...

You will still get a speeding ticket (because the Lidar recorded you driving at 16mph over the limit, and the Officer will have the print-out proving that), but hopefully you'll give the Judge enough of a "chuckle" that he/she will not add a conviction for "attempting to pervert the course of Justice"...

(And you should probably look up how Lidar technology works, and why the Police often use it in place of the traditional radar...)

[ingel]

First to get one thing straight. You will appear before a "Traffic Commissioner" and not a judge. A court commissioner is one step below a judge but has the same powers in a non-criminal court as a judge(traffic and small claims court).

If you wish to contest your citation you will show up on the day and time indicated on the back of the citation. There you will most likely meet with an intern working in the DAs office. This intern will guide you through the process and hear your defense prior to your hearing. If the intern feels your claims are legit then he or she will speak for you to the commissioner and plead for a dismissal or a reduction of fine and/or points.

Suggestion: Show up about a half hour early. Be well dressed and groomed. Talk to the intern and/or the commissioner in a respectful tone. Do not make any judgments about the officer who issued the citation. Do not whine about your confrontation with the officer. Simply and calmly state your reasons for contesting the citation. Your chances are good for a reduction in fine and/or points. At the very least you will not come away with a greater fine.

[romavia]

I think the best tip regarding traffic law is to fulfill all the statements written in traffic law. This is what by which we may follow up all.