dose Indiana have any case laws on speeding ticket and if not what states close to me do? Thank you.
Country relating to Question: United States
State (if USA): Indiana
Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find a professional to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!
yes I still need an answer
Sometimes, finding the right Expert can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.
There are reported cases.What is your issue with your case?
I am representing myself on my speeding ticket in court and I am just wanting to remind the lower courts of the cause law to remind them of similar case so I need to make some copies of the case law to take with me to court that suits made the best for my case so I would greatly appreciate it if you could help me. thank you
There is alot of case law (thousands of cases) - but it would depend on your situation and the circumstances of your being charged with speeding as to what would be applicable.Please explain how they timed your speed.Please explain the circumstances of the event.
I believe they use a radar gun time I speed. I went into town to get some things that I needed from walmart which my brother was with me I was driving his car we got what we needed so we took a lap though town . as we were heading east a cop car almost pulld out in front of use so we went up to the stop light took a right and headed south out of town so the cops started to follow us to the end of town then the cop pulled over to talk to someone in a pickup truck we drove about 2 and a half miles out of town which we were not speeding when we were coming up on a curve I noticed some headlights in my rear view mirror that appeared to be coming at us at a high rate of speed so I gave my brother's car some gas to keep us at a safe distance from the car which appeared was going to hit us' as soon as I felt safe from the other vehicles I apply the brakes to slow down then the vehicle followed us to the next curb which is a bout a half a mile then turn on his lights and sirens to pull is over so I poured over then the officer told me that he clocked me doing 85 in a 55 and that my license were suspended. the office and gave me 2 tickets for speeding and driving while suspended which I did not know my license was suspended. the officer never had his lights or sirens on when he came up behind us at a high speed cause if I knew that was a police car behind use I would have never speed up to separate each vehicle. the car coming up behind us at a high rate of speed is the reason I gave the car gas to keep the car from crashing into the back of my brothers car. I talk to the person that the cop pulled over to talk to you that night and he said that the officer and him could hear my brothers exhaust on his car so he said that the office took off hauling ass after us which I believe was out of his jurisdiction because I believe cops are supposed to be in pursuit of a vehicle to leave their jurisdiction which he was not because his lights or sirens were not on. P.s. I do have the conversation recorded from the person that I was talking to .( the person that the cop pulled over to talk to in the truck that night around 12 o'clock am on 6-02-12) thank you for your time
Do you have a copy of the citation the police officer gave you?
Yes I do
Does it say on the citation how he timed you or what he used - radar or anything?
no it doesn't say anything extra on the tickets . it's checked marked as complaint and summons and just basic information of the vehicle and what time and road .the I.c. no. is 9-24-12-1 for the driving while suspended and the i.c. no. for the speeding ticket is 9-21-5-2 here in indiana.
There are so many issues there it's impossible to give case law on any one issue.What you have to do is go to the hearing and demand that the officer prove the way he timed you, that he prove the equipment was calibrated within the last 6 months, that he prove he was certified to operate the equipment.You can bring your passenger to court and testify on your behalf as to the events - contradict the police officer if necessary.Bring in the witness in whom the police officer pulled over before he followed you.It's a matter that the police officer has to prove you guilty beyond a reasonable doubt.If you would like any additional information or have more questions please don’t hesitate to ask!Please remember to only rate my answer when you are satisfied with my response. IF you feel the need to click either of the two starts on the left, please STOP and reply to me via the "CONTINUE CONVERSATION" button. Let me know the issue you have and I will be happy to continue further and do everything I can to provide you with the service you seek.If you give any rating below 3 stars then I will not be compensated in any way for helping you today.The "helped a little" is considered a negative.Thank you,Law Pro
the officer did not pull over the guy in the pick up I think they were buddies or he is a c I. I am studying on beat the system and it recommends that I bring copies of the cause low that best suits me on my situation I am betting on the prosecution comes unprepared with only the officers testimony and not the actual documentation proving that he used the device according to the statue . so without the actual proof I will motion for dismissal of the charge.
That is correct - the officer must come prepared to prove that the equipment was calibrated correctly, within the requisite time, that they were certified as to the use of the equipment, and your timing.If they don't have all 4 - then the case against you must be dismissed.If you would like any additional information or have more questions please don’t hesitate to ask!Please remember to only rate my answer when you are satisfied with my response. IF you feel the need to click either of the two starts on the left, please STOP and reply to me via the "CONTINUE CONVERSATION" button. Let me know the issue you have and I will be happy to continue further and do everything I can to provide you with the service you seek.If you give any rating below 3 stars then I will not be compensated in any way for helping you today.The "helped a little" is considered a negative.Thank you,Law Pro
so do you know of any case laws that best suits my situation that I could copy and if so where can I get them from. thank you for your time.
No, researching case law if way beyond the scope of this venue. One has to not only pay for the research and then read the case law - that can take hours.Sorry.
20 years practicing traffic law.
okay thank you anyways.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).