radar queston/ ticket help

[Charliewayne]

I looked through the post and did not find one like mine so forgive me if this is something that has already been questioned and answered. I live in East Texas and on Saturday morning I turned off of my street to the main street that goes to the hwy ,I encounter a officer walking into the road in front of me. I slowed and he pointed for me to pull into a driveway of a vacant home. I pulled in in front of his patrol car and he approached my window and introduced himself and showed me his radar and asked if I knew the speed limit on this road I replied yes sir it is either 35 or 30, he said it was 30 and he locked me in on the radar at 39 mph and asks me waht does that say showing it to me. So he asks for my DL and insurance and goes to his patorl car. When he returns he hands me a citation that says 40 in a 30, I asked why didn't he issue it for the 39 that he had me observe on radar (I never asked to see it, he voluntered to show me) He said that he was sure I traveling faster than 40 and braked when I saw him, I politely said no sir I braked when you were in the street and I also asked him is it true that you are charged each mile over the limit plus a larger fee for hitting the 10 mile over mark? He said that he did not have that info and that I would have to contact the # on the citation and ask the clerk. Now can he write fo what he feels, or does he have to write it for what the radar locked in at. I am not denying that I was traveling faster than what was posted but I expect to be cited for what I was told and shown, I went to the police station and asked for supervisor and he meets with me and says he already talked to the officer about the incident and says the officer told him he had me at for and the gun locked in at 39. I know this is a long post and I'm sorry but if you take upon yourself to show a person the radar and have that person tell you what it says don't you feel like you are obligated to write the citation for what it locked in for. I have talked to a couple of officers that I know and they said IF they showed radar then they would write it for that speed locked in. I am contesting the citation and I'm not trying to "get out of my ticket" I just want it to be FAIR show me 39 write it for 39. What are your thoughts on this? One I am not some punk kid or lawbreaker I have never been in trouble with the police have no record and last ticket I got was 6 years ago. Thank you for your time and any response.

[Citicop]

If you went to the court in my town and told this story, you would get convicted of 39 in a 30.

I think that if it's that important to you, go ahead and talk to the judge and or prosecutor. You may well get it reduced.

-Citicop.

[scott715us]

Although I can see your side of the issue, when we squeeze the trigger on the RADAR/LIDAR gun, it immediately shows a speed. When we release the trigger, it locks the last speed recorded. Had you slowed down from 40 to 39 before he released the trigger, then the gun would indicate 39. If he read 40 before he released it, then he can cite you for 40. Same goes with moving RADAR. I can easily have a car slow down to slower speeds before I lock it, but I know by observation and the first speed recorded on the RADAR that the car was going faster than what I locked. That is all the officer has to say in court.

I'm not sure if there is a difference in penalties/fines between +9 or +10 in your jurisdiction. If there is, you could state your case, but I don't believe it is winnable.

[PapaBear]

Ahem! Excuse me, but:

...One I am not some punk kid or (a) lawbreaker...

The last time I worked, 39 MPH in a 30 MPH zone makes one a "lawbreaker" and that is why you got a ticket!

Ask for traffic school and, perhaps, the judge might be a bit more lenient.

Good luck!!!

[RoadKingTrooper]

I encounter a officer walking into the road in front of me. I slowed and he pointed for me to pull into a driveway of a vacant home.

So you are unhappy because he didn't get the radar locked at 40 or because what he locked showed 39? You said you didn't ask to see it. What difference does it really make, you don't contest the speed just him showing you 39 instead of 40?:confused:

Fairness, it that what you are looking for? Go to Court and tell the Judge you side. You will be convicted of 39 and the Officer will continue his enforcement activities as before.

Oh and just why do you think he was working speed enforcement there? One of your neighbors probably complained to his Chief

Typical cause and effect;)

[manahmanah]

I encounter a officer walking into the road in front of me. I slowed and he pointed for me to pull into a driveway of a vacant home.

Oh and just why do you think he was working speed enforcement there? One of your neighbors probably complained to his Chief

Typical cause and effect;)

We get people complaining at the city council meetings why there are not enough cops doing anything about people blowing the stop signs in residential neighborhoods........then when we do, they ***** about why we are not out catching "real criminals"......... :rolleyes:

[MRBEST]

Although I can see your side of the issue, when we squeeze the trigger on the RADAR/LIDAR gun, it immediately shows a speed. When we release the trigger, it locks the last speed recorded. Had you slowed down from 40 to 39 before he released the trigger, then the gun would indicate 39. If he read 40 before he released it, then he can cite you for 40. Same goes with moving RADAR. I can easily have a car slow down to slower speeds before I lock it, but I know by observation and the first speed recorded on the RADAR that the car was going faster than what I locked.

That is more or less the first thing that came to my mind when reading the initial post.

If your time is worth you spending however long it will take (travel time, parking, waiting, etc) in court, then sure, go ahead and plead your case for the 1 mile difference.

PS: I have no clue why the Officer would show you the radar. I know that some might do that, but for a number of reasons (including mine being plugged into the power adapter in the car , I never take the radar out to show to someone....)

[scott715us]

PS: I have no clue why the Officer would show you the radar. I know that some might do that, but for a number of reasons (including mine being plugged into the power adapter in the car , I never take the radar out to show to someone....)

There are a handful of agencies in the US that have policies that their officers have to show the RADAR/LIDAR upon request of the offender. Somehow that turned into a federal ghost law where the rest of the driving public believes we are required to show it. I've had a fun time educating them on the subject. If I have the handheld LIDAR, normally I walk up to the vehicle with it and show them the screen as I explain my reason for stopping them. I don't stop cars for at least 15-18 over, so it has rarely been an issue with me.

[grumpyirishman]

Who in the world writes a speeding ticket for 9 or 10 over????:confused:
When there are plenty going 15-20 over!!!:p

[Charliewayne]

Well i feel like a big dummy after all of this, I just called and asked about my ticket fee and the difference is only 5 bucks. So even tho he showed me 39 I think I can live with 40 and pay the 5 extra bucks. Thanks all that replied and have a great day!