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Re: [tips_and_tricks] traffic ticket questions

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  • Levi Philos
    ... Yep. Just play it straight. Plead not guilty and ask for a jury trial. Do a little show and tell. It will get dismissed. Levi Philos
    Message 1 of 9 , Oct 10, 2008
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      stephendgardner wrote:
      > I was stopped for allegedly speeding on the Massachusetts Turnpike and
      > was cited for going an ESTIMATED 86mph in a 65mph zone. The officer
      > was/is trained in LIDAR and this is noted on the ticket. There were 3
      > other people in the car with me who knew I was only going 70mph. I am
      > requesting a hearing and am bringing with me two sworn affidavits of
      > truth from the passengers in the back seat, including a live witness
      > whom was sitting in the front seat and is not related to me. With
      > sworn testimony from 4 people against an officers' "estimated" speed,
      > does anyone think I have a chance of beating this? Appreciate all help
      > and comments.
      >
      Yep. Just play it straight. Plead "not guilty" and ask for a jury trial.
      Do a little show and tell.

      It will get dismissed.

      Levi Philos
    • Al Cintra-Leite
      Nolo press has some books like beat your traffic ticket and you might find them in a big bookstore near you , they may have one geared for your
      Message 2 of 9 , Oct 10, 2008
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        Nolo press has some books like " beat your traffic ticket" and you
        might find them in a big bookstore near you , they may have one geared
        for your state.....they may help you with procedure and strategy but
        must be tailored to your case....
        On Oct 9, 2008, at 10:16 AM, stephendgardner wrote:

        > I was stopped for allegedly speeding on the Massachusetts Turnpike and
        > was cited for going an ESTIMATED 86mph in a 65mph zone. The officer
        > was/is trained in LIDAR and this is noted on the ticket. There were 3
        > other people in the car with me who knew I was only going 70mph. I am
        > requesting a hearing and am bringing with me two sworn affidavits of
        > truth from the passengers in the back seat, including a live witness
        > whom was sitting in the front seat and is not related to me. With
        > sworn testimony from 4 people against an officers' "estimated" speed,
        > does anyone think I have a chance of beating this? Appreciate all help
        > and comments.
        >
        >
        >
      • Pro Se
        First thing I would do is file an open records request & find out if the cop is certified & trained on that particular speed detection device.   If they won t
        Message 3 of 9 , Oct 10, 2008
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          First thing I would do is
          file an open records request & find out
          if
          the cop is certified & trained on that
          particular speed detection device.
           
          If they won't comply...subpoena the info!
           
          Find out if the device was - is calibrated.
           
          There are a host of potential errors.
          Double bounce error.
          Fan interference error.
          Road sign error.
           
          If the cop was on a turnpike
          that road is most likely
          "private property" not of the state, but
          turnpike authority. [a.k.a. private investors]
           

        • Jerry Fleischner
          Request a copy of the officer s notes, and proof of his training in LIDAR.
          Message 4 of 9 , Oct 10, 2008
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            Request a copy of the officer's notes, and proof of his training in LIDAR.


            > I was stopped for allegedly speeding on the Massachusetts Turnpike and
            > was cited for going an ESTIMATED 86mph in a 65mph zone. The officer
            > was/is trained in LIDAR and this is noted on the ticket. There were 3
            > other people in the car with me who knew I was only going 70mph. I am
            > requesting a hearing and am bringing with me two sworn affidavits of
            > truth from the passengers in the back seat, including a live witness
            > whom was sitting in the front seat and is not related to me. With
            > sworn testimony from 4 people against an officers' "estimated" speed,
            > does anyone think I have a chance of beating this? Appreciate all help
            > and comments.
            >
            >
            > ------------------------------------
            >
            > Yahoo! Groups Links
            >
            >
            >
            >
          • Steve
            You just admitted you were speeding! Does not 70mph EXCEED the posted 65mph speed limt? You just admitted you are guilty. Adjust your thinking. ... -- Where
            Message 5 of 9 , Oct 11, 2008
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              You just admitted you were speeding! Does not 70mph EXCEED the posted
              65mph speed limt? You just admitted you are guilty.
              Adjust your thinking.

              stephendgardner wrote:
              >
              > I was stopped for allegedly speeding on the Massachusetts Turnpike and
              > was cited for going an ESTIMATED 86mph in a 65mph zone. The officer
              > was/is trained in LIDAR and this is noted on the ticket. There were 3
              > other people in the car with me who knew I was only going 70mph. I am
              > requesting a hearing and am bringing with me two sworn affidavits of
              > truth from the passengers in the back seat, including a live witness
              > whom was sitting in the front seat and is not related to me. With
              > sworn testimony from 4 people against an officers' "estimated" speed,
              > does anyone think I have a chance of beating this? Appreciate all help
              > and comments.
              >
              >

              --
              "Where the people fear the government, you have tyranny; where the government fears the people, you have liberty." - Thomas Jefferson
            • Robert Laurence
              If you have affidavits stating you were only going 70 MPH in a 65 MPH zone, and you agree with them, and then you proffer them to the court, you are making an
              Message 6 of 9 , Oct 11, 2008
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                If you have affidavits stating you were only going 70 MPH in a 65 MPH zone, and you agree with them, and then you proffer them to the court, you are making an admission you were speeding, but not to the extent suggested by the summons; ergo - guilty by your own testimony. Think about it!


                Moderator/Bear: From a law standpoint this is a discussion about a lesser included charge. First, the lesser included would have to brought formally and in such a manner as to allow the defendant to prepare a defense. Second, the lesser included would have to have all of its elements proven "beyond a reasonable doubt". It would be the People's burden to find out what the defense was in advance; and in fact, the rules may require that the People be informed about the defense or its use may be precluded. Having thought that out; let the cop testify to his lie; or, testilie. Then, have your friends take the stand as rebuttal witnesses. Forget about the affidavits. You cannot use them in court in the place of an actual witness. Rebuttal witnesses do not have be disclosed to the People, in all likelihood. Subpoena your friends and make them show up. Now, there is probably no way in the law to charge someone formally with exceeding the speed limit 1-5 miles an hour. Research will tell whether this is true.
              • David Toppin
                You should read all the stuff at www.motorists.org/ma and you will learn much about beating tickets in MA. You will go in front of a magistrate first, and
                Message 7 of 9 , Oct 11, 2008
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                  You should read all the stuff at www.motorists.org/ma  and you will learn much about beating tickets in MA.  You will go in front of a magistrate first, and they generally  will find you responsible.  Then you pay 20 bucks or so and appeal it ot the court.  There you will get to question the court.  I usually make a motion to continue when I get to the court to get more time to find something from MAssHighway, etc.  The cops may not respond to your FOIA request properly either.  Make sure you ask for whatever notes he will use in court, and then object when he tries to use them.  "Witness should have independent recollection of the incident"    Email me directly if you want some more stuff.  Like copies of letters for the requests and such…

                   

                   

                  David Toppin

                   

                   

                • Carl Stewart
                  We ve had a ton of court cases dismissed here in Florida on the following basis: All radar and other electronic speed measuring devices use computers of
                  Message 8 of 9 , Oct 11, 2008
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                    We've had a ton of court cases dismissed here in Florida on the
                    following basis:

                    All radar and other electronic speed measuring devices use computers
                    of various sizes and configurations to make the calculations. All
                    computers use computer code, created by a programmer. In America,
                    for the most part, we still have the right to face our accusers and
                    question them, even if our accuser is ultimately a computer code.
                    From another point of view, the state or municipality who is your
                    accuser is using evidence based on this computer code. You have the
                    right to examine this evidence and make sure there are no errors in
                    it. Or, you can hire your own computer programmer to examine it.
                    The problem is that this code then becomes part of the public record,
                    and anyone can then access that code and manufacture a speed
                    measuring device of their own using that code or a derivative. The
                    manufacturers aren't about to allow that to happen, and none of them
                    have given up their code. Thus, case dismissed. That's the first
                    defense I'd raise, but I'd also make sure every T is crossed and
                    every i dotted by making sure the unit was calibrated, it was working
                    perfectly, it's accurate with legal tolerances (none of them are 100%
                    accurate - they all have certain variances), etc.

                    I've even had it happen more than once that the officer didn't show
                    up for the hearing. Case dismissed. If they're going to cite us for
                    disobeying the law, then it behooves us to make sure they're doing
                    the same. In the vast majority of cases, they're not. They're
                    hoping you don't know that. They're counting on their ability to
                    intimidate and on your ignorance of the law.

                    C. S.

                    --- In tips_and_tricks@yahoogroups.com, "Jerry Fleischner" <gmf@...>
                    wrote:
                    >
                    > Request a copy of the officer's notes, and proof of his training in
                    LIDAR.
                    >
                    >
                    > > I was stopped for allegedly speeding on the Massachusetts
                    Turnpike and
                    > > was cited for going an ESTIMATED 86mph in a 65mph zone. The
                    officer
                    > > was/is trained in LIDAR and this is noted on the ticket. There
                    were 3
                    > > other people in the car with me who knew I was only going 70mph.
                    I am
                    > > requesting a hearing and am bringing with me two sworn affidavits
                    of
                    > > truth from the passengers in the back seat, including a live
                    witness
                    > > whom was sitting in the front seat and is not related to me. With
                    > > sworn testimony from 4 people against an officers' "estimated"
                    speed,
                    > > does anyone think I have a chance of beating this? Appreciate all
                    help
                    > > and comments.
                    > >
                    > >
                    > > ------------------------------------
                    > >
                    > > Yahoo! Groups Links
                    > >
                    > >
                    > >
                    > >
                    >
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