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CriminalDefense
CriminalDefense, Attorney
Category: Traffic Law
Satisfied Customers: 25364
Experience:  10 + years in Traffic Ticket Defense, DUI/DWI and Criminal Defense cases
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Trying to find out how would I start. A Motion to the court

Customer Question

Trying to find out how would I start. A Motion to the court for my traffic ticket. Against the Schertz Texas Police Department. I feel what they are doing is illegal. They sit on a bridge over IH 35 in Schertz Texas. Shooting radar. Across a busy interstate at a 45 to 90 degree angle. I worked in Schertz from 2005 til 2014. These cops are shooting radar at the access road traffic mainly we the CDL drivers.I was tickected back in 2012 when I was speeding. There was 2 other vevehicles in front of me. I've did some reading on radar use. And found you can't get an accurate reading shooting radar at an 45 to 90 degree angle. A officer can't be no more than a 11 degree angle. Plus the officers are suppose to be certified. To work the piece of equipment and or have a FCC license. I would like to give my story to one of our local news Station.
Submitted: 1 year ago.
Category: Traffic Law
Expert:  CriminalDefense replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good morning. Would you mind sharing with me what your question is? Do you want to essentially expose what the police are doing?
Customer: replied 1 year ago.
Yes;I want the jury and the judge to see what's going on at the top of this FM 2252 bridge over IH 35 in Schertz Tax. Again I was popped back in 2012 as a CDL driver. When I wasn't speeding the excess road speed is 50 MPH. In 2012 there was 2 other vehicles in front of me. Which isn't gone to make a difference. Because again with this officer sitting on a bridge. Shooting radar across a busy interstate is ridiculous. And again from what I've read the further away the officer is. The radar beam he's shooting WIDENS. On this ticket again he's sitting on the bridge I'm looking at him. I come to the stop sign and stop. Turn left coming toward him he turns on his lights. Pulls me over I'm pissed like in 2012. He said he tracked me going 60 MPH in a 50. In Court on 6/24/15 the Procecuter said to me. The officer clocked me at 64 MPH in a 50. The access road goes up hill I was pull a 48 foot trailer hauling GLU- LAMS. Coming off the curved ramp that fast. I would of lost my load. I feel the officer was getting some kind of interference. From the interstate below. And radar is more effective when the vehicle is coming toward the radar in a straight line. Radar isn't accurate at a 45 to 90 degree angle. And I feel if this officer was license with a certificate. From the State of Texas he should know how the radar works. If a officer does NOT attend the necessary classes. These peace officers cannot operate a radar gun. The radar gun should be Calibrated before he used it. The radar gun's should be Calibrated once a year. From a Licensed Technician is this being done. We the public don't know. This ticket can go away or I want. To talk to the people on this jury trail. Back in 2012 I didn't get my Per Trial hearing on the same matter. The FM 2252 bridge. At the last minute this same Prosecutor.Rescheduled the hearing be his son was in a play at school. I took off from work for this hearing. If I didn't come I'm sure they would of put a Warrant out on me. Respecting the law I show and get screwed by the system.
Expert:  CriminalDefense replied 1 year ago.
Thank you for the additional information. As you are aware, traffic tickets are civil, so they would not go before a jury. The matter is heard before a Judge or Hearing Officer and a bench trial is conducted. With that being said ALL your argument could be very valid. They are issues which a defendant needs to raise at trial. If a defendant is questioning the ability of the Officer to use use the speed measuring device, they can question them on cross examination. Moreover, they can ask to see their certifications and ask about any other training related to the use and measuring of the radar/laser. In addition, issue with what the speed measuring device can record and distances and interference and degrees are all issues for trial. A defendant would need to bring before the Judge to instructions and evidence to show how the speed measuring device is used and how an improper reading can be obtained. All of this is use to attack the officer and his ability to properly measure the speed. I am sorry to say but it is not something which can be exposed on the news but something that can be attacked at trial.
Expert:  CriminalDefense replied 1 year ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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