renewme2001..
Thanks for your question. Bear in mind that answers are general
information, and are not intended to substitute for informed legal
advice. You may want to contact an attorney for professional legal
advice based upon your situation.
There are several steps you will want to take when addressing your
defense in a speeding ticket situation. First and foremost, know what
you are charged with. There will be section of the ticket that states
what section of the Vehicle Code you have violated. Chapter 811 of
the Oregon Vehicle Code covers speed and speeding violation
[http://landru.leg.state.or.us/ors/811.html]. Ensure that the ticket
states the correct code that you are being charged with. Also,
Chapter 153.048 and 153.050 is the portion that shows what is required
on the ticket (summons). The gun number is not required, however, be
sure that everything that is required is on the ticket. If not, you
may be able to have the case dismissed based upon improper summons.
Next, have your speedomter calibrated. You rather have a faulty
equipment citation rather than a speeding ticket. You will, more than
likely, still have to pay a fine, but the points on your license (and
insurance) won't be hit as hard.
Next, go to the scene of the crime with a camera, a 100 foot measuring
device and a buddy to help you. Park where the police car was parked
and determine where he could have first seen your car. Measure this
distance. Take photos of all the signs, foliage, power lines, etc.,
between where the police car was and where he would have first seen
your car. Now, the officer is going to say he observed your car for
one, two or three seconds before he locked you in on the radar.
Determine how far your car could have traveled in those time frames.
A vehicle tavels 1.47 feet per second at one mile per hour. So, if
you feel you were travelling at 39 MPH, multiply 1.47 x 39 or 57.33
feet in on second, 114.66 feet in two seconds. Take a picture where
your car was at the distance provided. Pay special attention to metal
signs and other objects.
Next, send a letter to the district attorney of the county in which
the ticket was issued and request a calibration report of the gun used
in your situation before and after your violation as well as any other
evidence they intend to use for your trial. This is called discovery
and they have to provide you with the information they intend to use.
This will give you a good idea of what the officer, and DA, will say.
Spend some time in traffic court prior to your case and pay particular
attention to the testimony of the police officers in speedind cases
that are being tried. Chances are, that is 99.9% the same as what
will be said in your case. While the trooper does not have to show
you the reading at the time, this is your chance to determine if the
radar gun was (and is) technically sound.
Good luck in your case and I hope the information I have provided is
helpful. If you need any additional clarification, please let me know
prior to rating my answer.
Regards,
-THV
Search Strategy:
Oregon Vehicle code
wide variety of searches using combinations of: Oregon Speeding
Tickets Violation Radar Law
References:
How To Fight a Traffic Ticket or Do You Have a Fool For A Client?
http://articles.corporate.findlaw.com/articles/file/00626/002396/title/Subject/topic/Criminal%20Law_Traffic%20Violations/filename/criminallaw_1_141
Fighting The Typical Radar Ticket
http://www.motorists.org/issues/tickets/build_a_case.html |
Clarification of Answer by
tar_heel_v-ga
on
22 Apr 2003 07:42 PDT
There is nothing about the speed being locked on the radar, though his
explanation makes some sense in that he could lock a speed on the gun
and show it to anyone and everyone. I do agree with your reasoning,
however, in that he could just say what was on the gun and write
tickets. It is a conundrum. They are not required to show you the
reading.
Regarding the calibration. There are calibration reports for the
radar guns. The officer will either have signed out the radar gun or
have that particular radar gun assigned to him. Based upon the date
of the ticket, they will be able to determine which radar gun the
officer had when he was on duty on that day when he wrote the ticket.
By using this information, they will provide you with the gun number,
the calibration reports and gun maintenance information.
Good luck!
-THV
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