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Q: Speeding tickets Oregon State ( Answered,   0 Comments )
Question  
Subject: Speeding tickets Oregon State
Category: Relationships and Society > Law
Asked by: renewme2001-ga
List Price: $30.00
Posted: 14 Apr 2003 15:09 PDT
Expires: 14 May 2003 15:09 PDT
Question ID: 190470
Three parts. What are the calibration requirements if any for radar
machines in OR. State? Is the machine # suppossed to be on the
citation? And do I have the right to look at the speed recorded by 
the machine or is it Not allowed for the Trooper to lock the speed in
the machine as I was told by the trooper? reference # to the rule or
other way to look up and verify the requirements appreciated.
Answer  
Subject: Re: Speeding tickets Oregon State
Answered By: tar_heel_v-ga on 14 Apr 2003 18:05 PDT
 
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

Request for Answer Clarification by renewme2001-ga on 21 Apr 2003 06:13 PDT
Thank You. Very good general information. The one question or
clarification I would request is; Does the speed have to be locked out
on the radar unit? I requested to view the radar and was told by the
officer that he was not allowed to lock out the radar on his machine.
He said the reason for that is that if he locked the speed on the
machine then he could drive around all day giving tickets at that
speed! This is self evidentally non-sensical as he could still give
out tickets without any readings whatsoever on his machine. Also how
do I tell if the calibration match the machine without the ticket
providing the machine #? This is Oregon State Patrol we are talking
about. Jackson Co. Medford Or.. Sorry about the delay with the
clarification request but I am a truck driver and on the road.
Thanks.........Richard

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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