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Dwayne B.
Dwayne B., Attorney
Category: Traffic Law
Satisfied Customers: 33555
Experience:  Began practicing law in 1992
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How do I prove a cop is lying about a violation he claims I

Customer Question

How do I prove a cop is lying about a violation he claims I did? I was traveling the highway as I normally do in the morning and as I was going toward the off ramp the stop light was turning red so I had stopped, minutes later the deputy pulls behinds me at the light and when the light turned green I signaled and turned and then the deputies lights come on and I pulled over.He approached my car, and the only thing he says is license? I asked him what am I being pulled over for? He claims I was speeding and that his moving radars went off when he was driving on the opposite side of the highway. When he came back to give the ticket I demanded to know where at exactly he claims I was speeding and he gave a location that doesn't exist on the highway, it only exist residential. He also claimed to have me on camera speeding. I talked with a supervisor to see if I can review the camera but the supervisor said they do not have cameras in their car, NONE OF THE DEPUTIES do which seems weird as it is 2016 and almost all law enforcement cars are equipped.Anyway, I would like to know how do I prove a deputy wrote this ticket either in error or purposely wrote it in dishonor? I feel he purposely wrote it because I believe he worked one night last week over the weekend and was stationed on the highway looking for speeders and I flashed my lights to warn other drivers on the opposite side of the highway.I requested discovery with the court about the officers honesty/write ups, amount of tickets he's written and equipment he uses. I know about asking for calibrations and electrical interference that can give off false readings...etc But how do you prove a false stop? The judge always believe the officer over Citizen and I know the officer has a legal team to prep them in their lies as they cover their tracks in many circumstances.
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

This is a question that doesn't have just one answer because it depends on all of the facts which are unique to the case. One thing you can do is file a Motion for Discovery, as you mention, in the case and find out if there really are videos, ask for the recording of any radio transmission he called in (they usually record those and save them for a couple of months at least, and then also ask for copies or a list of all classes he has taken. Don't assume because they told you there were no videos that there really weren't.

You also want to know the last time the radar was calibrated by him and then go over his methods. You would want to ask for the instruction manual on the radar unit and the manual on calibrating as well as that department's policy on calibrating. You may also want to get his schedule for the week before to see how much sleep he had.

Also get a copy of his cell phone records to make sure he wasn't on the phone right before he pulled you over.

You win these cases by poking holes in his testimony but you have to be prepared for that because you don't know what he is going to say on the stand.

If that court allows it you can ask for a jury trial, which increases your chances. If you do get a jury trial then pick up the book on this page on picking a jury. It is exactly the way the best trial lawyers pick juries now and uses new techniques that most lawyers don't.