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I was towing my boat to the river two months ago and was pulled over for speeding, the officer said he had me on radar at 85mph. I responded to the offer that I was not doing 85 and asked to see the radar, the officer said theres nothing to see the radar is blank, I was like let me get this straight you have me at 85 on radar but your radar gun is blank and you wont show me, the officer said I dont have to show you anything sign here and argue it to the judge.
My question:
If the CHP pulls you over and tells you they had you on radar at 85mph and you ask to see it do they have to show you??
I have to be in Winterhaven for this ticket in the morning
NO
Arguing a radar ticket it tough because the CHP officer will testify that he witnessed you traveling at an excessive rate of speed which he estimated to be 85, he then confirmed it with the radar gun...
You do have the right to subpoena the records on that particular radar gun, serial number, model number, calibration dates and scores, etc. You also have the right to subpoena the officers performance records, the number of tickets written, ballistic test scores, etc.
Your problem is that your court date is tomorrow if I understand correctly so you would have to get a continuance in order to buy enough time to accumulate said records to argue your case...
Basically, unless you are prepared to go balls to the wall to argue your case the state has you over a barrel which really sucks....
Pay your highway use tax and move on...
Remember this is California not New Mexico and laws are different between states so are you sure about that?
Originally posted by Spotondl
Arguing a radar ticket it tough because the CHP officer will testify that he witnessed you traveling at an excessive rate of speed which he estimated to be 85, he then confirmed it with the radar gun...
You do have the right to subpoena the records on that particular radar gun, serial number, model number, calibration dates and scores, etc. You also have the right to subpoena the officers performance records, the number of tickets written, ballistic test scores, etc.
Your problem is that your court date is tomorrow if I understand correctly so you would have to get a continuance in order to buy enough time to accumulate said records to argue your case...
Basically, unless you are prepared to go balls to the wall to argue your case the state has you over a barrel which really sucks....
Pay your highway use tax and move on...
Dont give up so quick. Show up and if he no shows you will get off. If he shows the judge may be cool and give you a last chance traffic school. Don't just pay and take it in the ass, especially if you were not really doing 85.
OL
Originally posted by Spotondl
Arguing a radar ticket it tough because the CHP officer will testify that he witnessed you traveling at an excessive rate of speed which he estimated to be 85, he then confirmed it with the radar gun...
You do have the right to subpoena the records on that particular radar gun, serial number, model number, calibration dates and scores, etc. You also have the right to subpoena the officers performance records, the number of tickets written, ballistic test scores, etc.
Your problem is that your court date is tomorrow if I understand correctly so you would have to get a continuance in order to buy enough time to accumulate said records to argue your case...
Basically, unless you are prepared to go balls to the wall to argue your case the state has you over a barrel which really sucks....
Pay your highway use tax and move on...
If it wouldnt effect me so bad I would just pay it becuase of the hassle this is but my Wife is a speeder and has 2 tickets on her record that effect our insurance and with this ticket our insurance will go through the ROOOOOOF
So for me to get a continuance and subpoena all these records what do I say to the judge in the morning?
Or simply ask the Officer or Judge for a deferment.
Originally posted by Old Lavey
Dont give up so quick. Show up and if he no shows you will get off. If he shows the judge may be cool and give you a last chance traffic school. Don't just pay and take it in the ass, especially if you were not really doing 85.
OL
I had my cruise set at 55 and had passed one of those slow moving mexican plated cars so I may have excellerated to 60 when passing but now way 85mph. By the way he said he was being nice by only writting me for 75:yuk:
Originally posted by nmboats
Or simply ask the Officer or Judge for a deferment.
Whats that?
hmm i thought they had to show u. Also sometimes you might just ask the officer next time when the gun was calibrated last....i did that last time, and it kinda scared him off i guess...i got a warning
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