If you ask a cop to see his radar and he doesn't or didn't lock your speed, can he legally give you a ticket?
139351
He can. But you can contest in court. Good luck
941322
Sometimes they work at night.\nIt's not always obvious.\nAs long as the sign is there, without a time qualifier (eg "8AM to 5 PM), you can get a ticket for not driving the reduced speed.
88020
*Chuckling* I actually dun get speeding tickets, tis one of the handy things bout wolf instinct. I can usually tell if there is a patrol car (or camera speed monitor) nearby by the way others drive and I let what I call a "lame duck" (someone in more of a hurry than me) go ahead of me while I follow at a reasonable distance. They tend to get the ticket instead. Heh, evil I know, but not my fault they they were speeding and got caught...\nGood advice on how to avoid the ticket when pulled over is here http://www.askmen.com/fashion/how_to_100/147_how_to.html\n\nNow first off if you are busted by camera, give it up, you won't win. Courts tend to put great stock in the automated speeding monitors.\nIf you are pulled over and do get a ticket, this means you gotta go to court to fight it, but police officers do not have the time to go for every ticket they write. So they cannot refute you in court and if you prove reasonable doubt, you can get out of it.\nBut if the officer is there, well you got a problem and it becomes more difficult to win.\n\nIf you decide to fight it in court, a good site with a lot of free (not all, but a lot) information is http://tipmra.com/sample/tipmra_sample.htm\nI can tell you the last time a friend got one was by the radar gun, which is easy to refute as loose tools in the trunk is well known to foul up the readings.\n\nAnd finally I leave you with this lil tidbit...\nHow To Get Out Of A Traffic Ticket!\n\nA police officer pulls a guy over for speeding and has the following exchange...\n\nOfficer: May I see your driver's license?\n\nDriver: I don't have one. I had it suspended when I got my 5th DUI.\n\nOfficer: May I see the owner's card for this vehicle?\n\nDriver: It's not my car. I stole it.\n\nOfficer: The car is stolen?\n\nDriver: That's right. But come to think of it, I think I saw the owner's card in the glove box when I was putting my gun in there.\n\nOfficer: There's a gun in the glove box?\n\nDriver: Yes sir. That's where I put it after I shot and killed the woman who owns this car and stuffed her in the trunk.\n\nOfficer: There's a BODY in the TRUNK?!?!?\n\nDriver: Yes, sir.\n\nHearing this, the officer immediately called his captain. The car was quickly surrounded by police, and the captain approached the driver to handle the tense situation.\n\nCaptain: Sir, can I see your license?\n\nDriver: Sure. Here it is.\n\nIt was valid.\n\nCaptain: Who's car is this?\n\nDriver: It's mine, officer. Here's the owner's card.\n\nThe driver owned the car.\n\nCaptain: Could you slowly open your glove box so I can see if there's a gun in it?\n\nDriver: Yes, sir, but there's no gun in it.\n\nSure enough, there was nothing in the glove box.\n\nCaptain: Would you mind opening your trunk? I was told you said there's a body in it.\n\nDriver: No problem.\n\nTrunk is opened; no body.\n\nCaptain: I don't understand it. The officer who stopped you said you told him you didn't have a license, stole the car, had a gun in the glovebox, and that there was a dead body in the trunk.\n\nDriver: Yeah, I'll bet the lying s.o.b. told you I was speeding, too!
234117
It was raining one evening and my wife and I went to the drug-store. I pulled up front, into a handicap parking space to let my wife out. I was then gonna back up into the space directly behind me until she came out. When I looked in my mirror a cop was blocking me in. He walked up and sid, "you're not supposed to park here...I said,"I wasn't parked, I just let my wife out because of the rain. I showed him that it was in reverse, and it was still running. He said, he had been there for 20 minutes and so had I. I said that it was impossible because I had just gotten off work ten minutes before..I still had a computer chit to verify that. I tried to show it to him, and he slapped my hand and told me to shut-up. he said that no matter what I said I was going to get a ticket... so when I got my license, insurance and registration out I also handed him a pen and said hurry up because we are both keeping a handicapped person from parking here now. His face got really red and I could tell he wanted to say something. Then my wife came out of the store in her sheriff's office uniform (she is a 911 operator). After seeing this he said why didn't you tell me you were the police.I said, If you've been here 20 minutes then you would have seen here get out, so who's really being dishonest here. He handed me my paperwork (no ticket) and walked back to his car without saying another word.
1115740
First of all, the police most certainly can pull you over in your driveway if they choose to.  It's not like making it to your driveway suddenly invokes some kind of "King's X" on breaking the law.  Pulling him over in the driveway has absolutely no bearing on his guilt or innocence.\n\nSounds like the officer wrote the wrong posted speed limit  on the ticket, and later sent you an amendment to the ticket, indicating what he'd amended (the posted speed).  Don't see any kind of issue with that.\n\nIf the police were following him (which is what you said), they very likely didn't have a radar reading to show him...why use radar when you're following someone?  It's certainly possible, but I suspect radar wasn't the issue here.\n\nThe "they" charging him $800 isn't the police, it's the court.  Law enforcement does not set the fines for traffic offenses, the courts do.  This has nothing to do with whether or not he should have received the ticket, so I don't know why you're mentioning it. \n\nIf your brother does not agree with the officer's assessment that he was driving 60 miles an hour in a 40 mile an hour zone, then he should contest the ticket in court.  It will be the officer's job to prove your brother violated the speed limit and your brother can offer whatever defense he might be able to offer.  The judge makes up his mind based on what he/she hears.
681738
Not unless you have radar absorbing paint which the government would love to have too.  I was picked up on a 10 speed bike trailing all kinds of foil to mask me but I was still picked up and clocked by police radar gun.  If you find a way post it.  I want to know that trick.  You can overload them with powerful transmitters, the radar reads false speed like 200mph which is not reliable for court,especially when I drive a 1972 VW bug, but they are illegal.  Plans on Internet and part from Radio Shack
583573
When you show up to court file for what is called Discovery and that will drag it out for a while.  Ask for certificate of radar certification and calibration, what that does is question the officers training for the radar gun and verifies that the gun he checked your speed with has been calibrated.  This can be used with every means of him/her checking your speed including him/her pacing you witch can be contested clear down to tire size effecting his speed odometer reading.  They will either make them spend weeks trying to find this stuff to be true or they will give up.  Your discovery motion depends on how the officer rated your speed but this gives you a good idea of how to prove "beyond a shadow of a doubt" that you were actually speeding or not.
494128
no, I would only drive 85. In my city, the cops do not write tickets for less than 10 miles over the speed limit.
777218
First off, you want to call the court clerk at the last viable moment to ask for a postponement.  This will make the officer who pulled you over have to change his schedule in order to make it to the next hearing.  When you go to that one, dress nicely and be courteous, especially to the clerks.  When you check in ask to speak to the prosecutor and ask if the officer has checked in.  The reason why you want to do this is if the officer is not present, they will have to dismiss the charges because it is your word against thiers....and if they aren't there....then they can not support their words.\n\nYour defense can be that you were not shown the radar gun, you were not supplied with proof that the radar gun was calibrated....etc.\n\nBut, you may be able to avoid all that "lying" and talk to the prosecutor.  In most cases, they are only concerned with getting the fine, but you have to be concerned abou the fine and the points which will cost you more in the end due to insurance premiums.  Inform them that you are pleading not guilty and request that the charges be dropped or moved to a non moving violation.  They do this everyday...so they won't be surprised and will handle vitrually the whole conversation.\n\nIn the end, you can't go to jail for driving a car unless it's stolen or your hit someone with it....so relax.  If you were going to jail they would have handcuffed you there and not ordered you to appear in court.
982216
Not only can he stop him but he can issue him a ticket. My son is a police officer and he was stopped and given a ticket by a state trooper in Florida. He was in his police car and he thought that the trooper was kidding, but he was not. My son went to his supervisor and got the ticked voided, but it was not easy.....KECK
336438
Depends. Was this the 1st appearance? If so, then the cop had no idea you planned on contesting the ticket, and it is perfectly legal to allow the courts to give notice to the cop in order to get him to appear... But, if he doesnt appear at the trial date (May 17), then you get dismissed. \n\nIve gotten 26 tickets in my life, and only three have ever appeared on my record. If you know the laws and know what questions tto ask WHILE BEING TICKETED, you can beat almost anything they give you. If you'd like, youre welcome to email me and explain the situation completely, and Ill see if there is anything I can tell you that will assist in your defense. I love making cops look stupid in court!
1110856
I don't know to many places that Highway Patrol don't have jurisdiction, they are State Officers with authority in any place within their State. They can cite you in the City for violations and return it to whomever their court system is assigned to. I have never known any other practice by State Police/Highway Patrol. As for your rights, you can appear in court and plead not guilty to the ticket,it's your right to do so, take a chance telling the Judge your side of the story. NEVER HURTS TO TRY.
768600
It sounds like you're charged with violating a "prima facie" speed limit.  Also known as the "Basic Speed Law" which states in brief, "Drive no faster than is safe under existing conditions."  (Check the California Vehicle Code section you're accused of violating.)\n\nIf you wish to fight the ticket, you will probably lose the opportunity to attend traffic school if you lose.  But, fighting a citation during which radar was used here in California is fairly straight forward and simple.  (Provided you know what you're talking about.)\n\nAt court, if the citing officer doesn't present evidence that the section of road you were cited on is *not* an illegal speed trap, the law assumes it *is* an illegal speed trap.  That evidence the prosecution must present is called an "engineering and traffic survey".  Without it, the radar evidence can not be admitted, the officer is considered "incompetent as a witness" to your speed, no evidence to your speed (if presented by the prosecution/Officer) is admissable, and the court is "without jurisdiction" to find you guilty.  (California Vehicle Code Section 40805, I think...)\n\nI recommend a book called "Fight your Ticket and Win In California" from Nolo Press out of Berkely.  (Check your local bookstore, online, or at www.nolo.com. )  It explains what you need to do.\n\nOn the other hand, you've admitted you were speeding.  Your time might be more important to you than learning how to defend yourself for such a minor infraction.  You might be better off just requesting traffic school.
994769
"WHEN MY SON PASSED HIM HE SPEEDED UP AND WOULDN'T LET HIM BY. BY THE TIME HE GOT AROUND HE WAS ON THE DOUBLE YELLOW"\nOne step at a time. You have just acknowledged that your son was speeding and going left of center. So your son violated the law.\nWas the ticket issued in a valid manner? I do not know about the laws in your state but in many, the ticket can not be mailed unless there is a specific statute allowing that (such as a camera that takes photos of drivers running red lights). \nIf the ticket was issued illegally, your son may get acquitted, even though he violated the traffic laws.\nThe third issue is the unprofessional actions of the officer. That is a matter for Internal Affairs and you should call the Highway Patrol to find out how you can proceed with that matter. If he is found to have acted unprofessionally, he may get reprimanded, suspended, even fired - but it will NOT change the ticket.
866117
A)  If you were convicted on the tickets, there isn't anything you can do.\n\nB) If they are still pending, get a lawyer\n\nC) Not speeding will certainly help you to keep it clean going forward.
275702
In GA, he will have either clocked you with his speedometer as he drove behind you, or he used a radar or lasor equipment to clock your speed.\n\nNo he does not have to show you the reading. ( that would be allowing you into the front of his car and this can be a security issue and is not required.  Normally the officer will keep you in your car and not bring you back to his.\n\nNext the radar or simular equpment must be certified and meeet requireement set forth,  next the officer has to do a tuning fork test of the radar equipment each day prior to the start of his shift.  A log of this is keep in the car.  His doing an additional test was not even required, he was only being nice to do another test for you.  The fact he did that will only streghten his case.\n\nNow in GA, the officer has to be up to date on his radar training ( and be certified by POST)  at times officers let thier annual training get behind.\n\nAnd there is no proof of the test, he merely hits a tuning fork and holds it up in front of the radar unit, it will show a specific speed. there is no print out to prove anything.\n\nYou can if you wish to have a trial, get copies of the officers POST records, verify that the radar equipment has its proper FCC ratings, and so on.\nYou can ask for the records that shows the officers have been doing the testing and calibration of the unit as required ( it will be a note book that the officers merely signs that says the test was done and it passed.
518267
yes you have the right, and he has the right to secure a warrant if he has probable cause ( assuming he make a good arguemetive case or a superior does in front of a judge ) andthen only the with a warrant in hand search your car, he can also detain you ( you are not under arrest ) until the warrant arrives. And if after the search he finds nohing but has the warrant you can sue him, ( or the police department ) for illegl search if you can prove that the search, was suspect due to a lack of probable cause ( even if the officer thinks he has it ). the trouble is judges tend to err on the side o the police at times especially if he pulls you over in a high crime / narco trafficing area, he can pretty much argue probable cause basedon those factors alone.