Thank you for your question. Generally there is a legal presumption that the officer is telling the truth about what he witnessed. Your son has the burden of proving that either the cop is mistaken and/or the radar gun was not calibrated correctly. He is entitled to have the matter heard in traffic court. If, after a trial, the outcome is not favorable, he may have the ability to appeal the decision.
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Thank you for the reply. I am sorry but I did not find your reply helpful. Perhaps I did not state my issue clearly.
My issue is that my son wants to get the speeding ticket dismissed. How does a person defend himself against a speeding ticket? I do know that the presumption is that the officer is telling the truth about what he witnessed.
However -- the officer cannot just "estimate" the speed can he? For speeding doesn't the officer have to actually "clock" the driver? Or, "radar" the driver?
In this case, as I told you, the officer said he "radared" my son's car. Isn't it the case that a radar gun has to be regularly calibrated and that there has to be proof that the radar gun used was properly calibrated and that the calibration was recent? Does the officer use a hand held radar gun?
Also - what about using a Declaration?
And what about discovery?
I need to know how my son can defend against the ticket.
OK Thank You. I think it is impossible for a layperson to cross examine a police officer in a trial because how would a layperson know any technical arguments -- and the police officer is trained and has (taxpaper paid) support for the documents he brings etc.
So re a trial: my son should first pay the fine is that correct? and then ask for a trial? and is the trial date set at the time he pays the fine?
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