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I received a speeding ticket driving on a county one lane road,

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going the flow of traffic...
I received a speeding ticket driving on a county one lane road, going the flow of traffic. After coming down a elevated hill, and following a vehicle behind, a police officer passed me on this one lane highway. After about 5 min. I see a cop come up right behind me, and puts his lights on me, the car I was following also pulled over, since I was following him. Because I have a Cobra Mustang, svt, he got out of the car and waived the other guy to go ahead. He claimed to have clocked me going 72, in a 55. Apparently with his radar gun. He was ascending into this valley as was I , and we passed at the bottom, having everybody speed accelerated a little. I never saw the speed gun, and since I was a middle aged women, with my girlfriend in the car, and not a teen-eager, he said he would make it only 65 in a 55. what are my chances of fighting this in court, considering he would show up to court? And if i do go to court, and lose, can I still do traffic court, because I do not want it on my record. It happened in the middle of the day, sunny, and in the boonies of San Andreas Ca. the foothills.
Thank you.
Submitted: 8 years ago.Category: Legal
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Answered in 5 minutes by:
6/26/2010
Lawyer: Brandon M., Counselor at Law replied 8 years ago
Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12,620
Experience: Attorney experienced in numerous areas of law.
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Hello there:

the chances of winning in court for any given traffic offense is around 1 out of 10. I see nothing in your fact pattern that would suggest that your odds are any better or worse.

If you go to court and lose, the judge has discretion to permit you to do traffic school; usually, if it is a first time offense, the judge will permit this to happen, but you always take the gamble of catching someone on a bad day.

Let me know if I may be of further assistance. Thank you.
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Customer reply replied 8 years ago
Well let me ask you this, do you know anything about equipment used nowdays, were the police has the ability to clock everyones speed going the oppisite direction? Is he obligated to show me the gun, and wouldn't to be his word against mine, if he cannot prove that? Being that the other car pulled over too? I couldn't have been speeding to fast? but my question to you is , do you know anything about the devices used by officers to clock traffic going the oppistite way. Would you suggest contacting the officer first to reconiderer the infraction?
Lawyer: Brandon M., Counselor at Law replied 8 years ago
Hello again:

1. "Well let me ask you this, do you know anything about equipment used nowdays"

A: yes, tons.

2 "were the police has the ability to clock everyones speed going the oppisite direction?"

A. It exists, but it is not as accurate as a measurement taken while stationary.

3. "Is he obligated to show me the gun,"

A. only if you subpoena the calibration records and measurement history. He is not obligated to show it to you on the spot.

4. "and wouldn't to be his word against mine, if he cannot prove that?"

A. If he cannot produce the records subject to a subpoena, he cannot win.

5. " Being that the other car pulled over too?"

A. It does not help his case, but it does not kill it.

6. " I couldn't have been speeding to fast?"

A. I have no idea.

7. "but my question to you is , do you know anything about the devices used by officers to clock traffic going the oppistite way."

A. yes, tons.

8. "Would you suggest contacting the officer first to reconiderer the infraction?"

A. No.
Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12,620
Experience: Attorney experienced in numerous areas of law.
Verified
Brandon M. and 87 other Legal Specialists are ready to help you
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Customer reply replied 8 years ago
I just am not sure how to take your anwser back to me. Normally I would tip for good advice, and I am not saying that the information you gave me was helpful, however, maybe you thought I was quistioning your ability and knowleadge in this matter. I ask you if you know any information about the equipment beiing used these days, and your flip anwser back is "Yes Tons" Well that doesn't do me any good, because you don't share you knowleage with me, besides they are not as relieable as staionary guns. Ok, I get it. and I am thirilled you know Tons about the subject, if so, maybe you can be a little forthcoming. sorry if I asked to many questions. It seems some attorneys will take the time to anwser a question throughly. Lets see you just repeat my MANY Questions BACK, AND SORRY I cannot take it any other way then a little flip. No thanks, XXXXX XXXXX of lots of pomp and shortness. Sorry to have asked you to go out of your way.
Lawyer: Brandon M., Counselor at Law replied 8 years ago
Hello again:

I really apologize if my answer came across as flippant... it is sometimes difficult to communicate efficiently in this format; I just looked at the screen and saw 8 questions to answer, and it was difficult to gauge where you wanted the emphasis of your answers or even if some of the questions were rhetorical. Anyway, there is really no reason at all to apologize to me... I appreciate your patience and I just hope that you leave feeling like you were treated respectfully XXXXX XXXXX

The problem with the question about "do you know anything about", from my perspective, is that I really do know a lot about the devices; anyone who does any sort of criminal law pretty much has to because most contact between law enforcement and the public is through traffic stops and it is pretty frequent that the legality of a traffic stop will be challenged to suppress a more serious charge. So let's work together to help you get the information that you need.

From a legal perspective, the real question is whether the measurement was accurate. Every one of these devices has a margin of error. The first question is whether the measurement was outside the margin of error. The devices are tested regularly to determine what their margin of error is at any given period of time and the enforcement agency must keep record of that error in order for the charge to "stick".

If the margin of error at the last 3 tests was 7 mph, and you were clocked doing 60 in a 55, you would be golden. If you were clocked doing 85, you would be out of luck.

The next question is whether the device had been calibrated on schedule. The margin of error is a moving target, and so the device must be calibrated regularly, and record of the calibrations must be kept. If the device has not been properly calibrated, it will give a bad reading and the defendant cannot be found guilty.

For each of these records, you must subpoena them. It's not that you can't win the case without these records, but if you are going to fight, you may as well attack from every angle.

Let me know if I may be of further assistance. Thank you again for your patience.
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