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This all depends on your jurisdiction and how such tickets are treated there. Fighting a speeding ticket requires a lot of reading. You can get away with reading stuff on the internet, but most of the good pointers come from purchased materials.
Try going to your local law library (most counties have their own and are maintained by the local bar, or the county library). There should be a book or two (sometimes called a CLE for "continuing legal education") on how to fight a speeding ticket. Nolo.Com also has some good publications on the subject.
Familiarize yourself with the radar unit used. Get the manual and find out how it is supposed to be used (calibrated each day, or every time the device is used?) What are the maintenance logs like? Is this device problematic and has to be fixed a lot?
Was it rolling or stationary? If rolling, was it fixed in position, and if so, what direction was it facing? Was it properly mounted in the squad car?
(is it setup to calculate the variance in speeds between yourself and the squad car? And at an angle if it is pointed in an angular direction? ) Most of all, learn about your subpoena powers.
You may have the right to subpoena everyone who is logically involved (the officer, witnesses, records keepers for the PD, the guy doing maintenance, perhaps the shift supervisor, the dispatcher? , etc. ) Most of this information will only get to you via a Subpoena duces tecum, which is the way you subpoena "things" rather than "people". Also remember, cops nowadays use MDT's -- mobile data terminals (laptops), which contain a wealth of information about your situation.
The officer most likely tapped into DMV's records to run your driving status. Sometimes too, there are other extraneous bits of information in the MDT emails about your stop--the cops might have made comments or jokes about you or your situation. Most departments get nervous when you ask for THIS information (mostly because they haven't seen it, they know that cops are often careless about this mode of communication, and they assume you have a reason for requesting it).
There may be nothing there, but they'll be mighty nervous. Issue your subpoenas! Also, if the supoenaed party doesn't show for the trial/hearing, you can request the judge to either hold them in contempt and fine/punish them, or to dismiss the case (depending on who they are).
ISSUE your subpoenas, and ENFORCE their commands! Best of luck.
It depends on your specific jurisdiction. The most practical solution is to plea bargain the points and pay the fine...it is unfortunate but since a vast majority of jurisdictions use tickets for revenue, even if not guilty most just want to see your cash. However, these are some ways you can try to beat the ticket: 1.
Ask to see when the radar device was last modified, calibrated, or otherwise utilized. If you can show that the device used was not properly kept in order, you can argue persuasively that you do not deserve the ticket because the machine was improperly maintained. 2.In addition, ask to see the manufacturer's recommenations of maintenance.
The more you can show that the machine is not being properly used, the better. 3. Ask to see and review police assignments for the night.
Here your job is two-fold: a) see if the officer was where and when he was supposed to be -- if not, ticket may be void, and b) see if the right officer was where and when he was supposed to be--nothing is funnier when officer jones has officially given you a ticket when, by his own records, it was officer johnson and jones was 15 miles away. Good luck.
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