Tsunamix
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- Nov 17, 2008
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- VT 2
Ok - First thing is, you are innocent until proven guilty, so the Cops have to prove you were doing whatever speed they say you were doing.
You have to aim for reasonable doubt.
The cops if they used a lidar will have shown you the speed on it. If they didn't, they can't prove you were doing the speed in question.
You can also make them present record of the most recent calibration results for whatever device they used. If the device was well out of calibration, they will find it difficult to be accepted, especially if your 2 passengers will go to court and stand up under oath for you.
Then msake sure you chase down the matter of vehicle identification. Devices fixed to vehicles can actually record a different vehicle's speed. Ask them which vehicle it was pointed at, and which part of the vehicle, and at what distance from the vehicle. It should be the number plate area, at a distance of Maximum 300 meters. Ask the officer what color and type the vehicle was that he targetted.
It may not be yours, especially if you had a 2 tone vehicle. If the officer wears glasses, question his eyesight - what do the glasses do, is he long or short sighted and does the device have a telescopic sight.
If it does have a telescopic sight you have a real chance as he must take his eyes off your vehicle to both target and lower the device - assuming it's a lidar. if it's an in car one he should have a video.
Officers almost invariably make an audio recording of the roadside event. Did you protest your innocence vary strongly at the time ? Did the passengers try and protest ? if they did it will make your case stronger.
Remember - they have to prove you guilty, you just have to provide some doubt. ANY doubt is legally enough. The bad news is - Magistrates are NOT judge's. There are plenty of one eyed ones out there.
And of course, if your not truly innocent - suck it up.
You have to aim for reasonable doubt.
The cops if they used a lidar will have shown you the speed on it. If they didn't, they can't prove you were doing the speed in question.
You can also make them present record of the most recent calibration results for whatever device they used. If the device was well out of calibration, they will find it difficult to be accepted, especially if your 2 passengers will go to court and stand up under oath for you.
Then msake sure you chase down the matter of vehicle identification. Devices fixed to vehicles can actually record a different vehicle's speed. Ask them which vehicle it was pointed at, and which part of the vehicle, and at what distance from the vehicle. It should be the number plate area, at a distance of Maximum 300 meters. Ask the officer what color and type the vehicle was that he targetted.
It may not be yours, especially if you had a 2 tone vehicle. If the officer wears glasses, question his eyesight - what do the glasses do, is he long or short sighted and does the device have a telescopic sight.
If it does have a telescopic sight you have a real chance as he must take his eyes off your vehicle to both target and lower the device - assuming it's a lidar. if it's an in car one he should have a video.
Officers almost invariably make an audio recording of the roadside event. Did you protest your innocence vary strongly at the time ? Did the passengers try and protest ? if they did it will make your case stronger.
Remember - they have to prove you guilty, you just have to provide some doubt. ANY doubt is legally enough. The bad news is - Magistrates are NOT judge's. There are plenty of one eyed ones out there.
And of course, if your not truly innocent - suck it up.