Re: [tips_and_tricks] traffic ticket questions
- You just admitted you were speeding! Does not 70mph EXCEED the posted
65mph speed limt? You just admitted you are guilty.
Adjust your thinking.
> 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
- 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.
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…
- We've had a ton of court cases dismissed here in Florida on the
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.
--- In email@example.com, "Jerry Fleischner" <gmf@...>
> Request a copy of the officer's notes, and proof of his training in
> > I was stopped for allegedly speeding on the Massachusetts
> > was cited for going an ESTIMATED 86mph in a 65mph zone. Theofficer
> > was/is trained in LIDAR and this is noted on the ticket. Therewere 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 affidavitsof
> > truth from the passengers in the back seat, including a livewitness
> > whom was sitting in the front seat and is not related to me. Withspeed,
> > sworn testimony from 4 people against an officers' "estimated"
> > does anyone think I have a chance of beating this? Appreciate allhelp
> > and comments.
> > ------------------------------------
> > Yahoo! Groups Links