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LauraleeH
04-17-2009, 06:05 PM
Hi, I have a question for you all. My brother was in a 55mph area going 55mph, and then it changed to 45. So he was still going with the traffic when a cop pulled him over. The cop claimed he was going 21 over, which my brother swears he wasn't, he looked down to check his speed when he saw the lights and said it was right at 55. So the cop had a bad attitude and kept saying, "Come on man, come on, be real about this" and my brother asked to see the laser to see how fast he was going, but the cop refused. Is that legal? Everyone we've talked to has said the cops have to show your speed if you ask, and this one wouldn't. I'm pretty sure my brother is going to fight this because he has a perfect record and has never been pulled over before and thinks the cop treated him unfairly, but we'd like to know for sure if it's illegal for officers to refuse that.

Edit:
We were just told they don't have to show the speed in our area, only in court but they can't prove that it was his car anyways. He said he wouldn't be upset if the police would have written the ticket for 10 mph over instead of 21, because now he has to pay more ($266) but we figure even though my brother was wronged, it's not worth him taking off another day of work because it's the officers word against my brothers.

I can't delete this thread, so feel free to lock it or whatever. Thanks!

crazypoohbear
04-17-2009, 06:19 PM
No the police do not have to show you the radar gun.
Does the ticket say if the speed was clocked by radar or estimated?
Was he the only person pulled over?
He should fight the ticket, he will have a hearing with a clerk magistrate and if he can prove that he has a clean record and that he was pulled over right where the speed was dropped he might have a good chance, or at least get the minimum fine.
Have him go over the ticket with a fine tooth comb.
My DS got a ticket once, the cop didn't fill out anything right, not the name, the DOB, the plate number, the speed that he was suppose to be doing. NOTHING! It was tossed rather quickly

RockinRobin
04-17-2009, 07:30 PM
Come on if you are speeding you are speeding just pay the ticket and watch your speed the next time.

brad192
04-17-2009, 10:13 PM
It's probably best just to pay the fine. That being said...

If you really want to fight the citation, you need to ask (in court) for the certificate of calibration for the laser unit in question, and the documents certifying the officer involved was properly trained in the operation of that equipment.

Good luck!

DizneyRox
04-17-2009, 11:40 PM
I'm surprised, around these parts, I think 20mph over the limit is an automatic arrest. It's a guaranteed a court date, not sure if you can just pay the fine. Check on that...

disneyboundagain
04-18-2009, 07:31 AM
Does the vehicle he was driving still have the original size tires? Changing the diameter of the tire can drastically affect speedometer calibration. Just a thought.

gueli
04-18-2009, 02:26 PM
Disagree with a few of the posters...

If your brother doesn't mind higher insurance premiums & paying the higher costs over time, than do not fight the ticket.

I reccomend that you do fight it.
When sending in the ticket, request the callibration date if it was radar. The police are required to prove that in court.

In addition- If it is your brothers 1st offense, it is better to fight it. In a lot of jurisdictions, the DA's who represent the state will often bargain the ticket to a lesser offense. Truth is it might be wise to contact a lawer. They almost always will be able to get a reduced sentance.
Wether your brother is guilty or not, the next time he gets pulled over- when they check his driving record- the almost certainly will give another ticket (sometimes police will check your record & decide to issue you a warning if your record is good. This is not always the case, but a pattern of bad driving is much worse than a pattern of good driving).

So the question I ask is this- Is it worth a day off from work to not pay the initial fine + court costs + increased insurance (for as long as the insurance company decides) + the long & short term negitives that it could have (including points on ones liscense).
To me the answer is yes. (And being it is his first time in court I would reccomend a Lawer- the cost might be worth it in the long run)

Georgesgirl1
04-18-2009, 06:28 PM
My husband fought a ticket that he was given for coasting down a hill instead of riding his brakes. He was clocked at 10 or 15 mph over the speed limit (I can't remember). Anyway, the judge knocked his ticket down about $150 since it was his first ticket. To us it was worth the 2 hours he missed from work that day.

brownie
04-18-2009, 09:55 PM
If you fight it, they'll usually find in your favor if the officer doesn't show. Even if the officer does show, he has to be able to prove the speed. Keeping up with traffic may not be much of defense, but you might be able to get the ticket reduced.

PAYROLL PRINCESS
04-18-2009, 11:57 PM
I personally would fight it. Usually the fact that you are willing to go to court to prove that you weren't going that fast shows the court that you believe in yourself. And it's worth it to get the fine reduced or dismissed so that you don't have that surcharge on your insurance.

Ian
04-19-2009, 08:49 AM
I would fight it, as well. Typically what ends up happening is the officer approaches you right before trial and offers to knock down the offenses so you'll get no points on your license if you just pay some fines.

I mean let's face it ... issuing traffic citations is mostly about revenue generation anyway, so as long as you're willing to part with some of your cash they'll typically let you walk away without any permanent damage.

garymacd
04-19-2009, 11:55 AM
First: as soon as you hit the new speed sign, you must be at or below that speed.

Second: I would fight the ticket, too.

Many jurisdictions allow para-legals to practice - many of these are former police officers who know all the ins and outs of the traffic courts. Some even advertise if you lose the court fight, you don't pay. Even if you win and have to pay the para-legal, you still win because your insurance won't go up.

There are still some jursidictions that the AAA advises its members not to go to since the police are used as revenue generators for the municipality.

Some insurance companies are offering reduced rates to their clients if they agree to have a black box installed in their car. This unit tracks your usage, speed, acceleration, etc. This could also be used as a defense in court.

WDWDale
04-20-2009, 05:34 PM
I would fight it, being your first ticket and good driving record. I know how some towns practically require you be at the appropriate speed at the sign, not after. You learn where those are really fast.