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For those in the "know"....when do you motion to dismiss? Is it after the prosecution tells their side of the story or just right off the bat or ?
Before the trial actually starts and witnesses are called, i.e., as soon as your case is called before the judge and all parties are present in front of the judge but before the other side calls the officer or anyone else to the stand. The judge may just take in under consideration until the after the trial but that's his choice to make. So, if he denies your motion right off of the bat, then maybe ask for reconsideration after the trial. You miss 100% of the shots you don't take.

Good luck!
 

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good luck speedy .....
 

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Good luck speedy!
 

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Good luck J..
 

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After you pay the fine. Good luck!
 

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Discussion Starter #87
Well, guess I pissed off the judge last month at the initial hearing. She remembered me when I stepped up on the stand and asked if I had everything I'd requested. I told her "no, I've filed another subpoena" and she gasped and made a big deal about how we spent 30 minutes at the last hearing. I told her that the officer just didn't produce the requested docs which amounted to the maintenance records for the radar device. Come to find out there weren't any. Ok fine...but I could tell she was a bit perturbed.

So we start the trial. I had done my research and had what I felt to be a very strong case. I had aerial photos of the area, marks where the officers were, radar gun user manual, pictures of the area, pictures of the officers after my citation was issued showing their positions, information on sources of interference in the area (Lowe's automatic doors use the same KBand microwaves as the radar). I even had an article from the Chief Of Police magazine where it discussed the IPCA's requirement for 24-36 month speed equipment re-certification.

I start immediately with a motion to dismiss for inadequate procedure. The radar device had NEVER been re-certified or checked for calibration since new in 2007 and did not meet the NHTSA requirement of every 2-3 years. I thought this was a slam dunk as I had the calibration records from the previous hearing.

Unbelievably the judge said that just because the PD was in violation of a NHTSA requirement, did not deter her confidence in the devices operation and that there was no TN law on the books requiring calibration checks at any interval. I argued the point for a moment but she continued to disagree.

OOOOOK, so I produce the docs showing the automatic doors at the Lowe's department store where the officer was using his radar used KBAND the same as his radar gun and suggested interference. I referenced the user manual which had a whole section on this very thing. The judge said unless I was certified in radio freq I could not argue that the Kbands were the same. I tried to explain to her that the definition of KBAND meant they were the same, but she just said that wasn't a consideration for interference.

So both my motions to dismiss were denied.

We start with the testimony.

The officer pretty much told the same story I did. He even admitted he lost sight of my vehicle momentarily but insisted his radar said 47MPH when aimed at my vehicle initially and that he observed me accelerate away from the stop light faster than the vehicle behind me.

I called my witness, who testified we observed the officers for 3-4 minutes at the light and knew they were there running radar. She also testified that she kept an eye on my speed the entire time we approached and it never exceeded 30MPH.

The officer asked her if she was trained in speed detection to which she said no, and the judge asked her why she was staring at my speedo. I offered to quantify that statement with the fact that I was in a bright orange hot rod and the witness was stressing to not draw any more attention to the car than it already did on it's own and to be extra cautious of speed due to the change from 45 to 30 at the location in question. The judge accepted said explanation.

No more questions for the witness.

I questioned the officer a bit about his use of the radar, weather, and traffic conditions.

I then offered up the 12° beam width of the radar device and explained that the width of that beam was 127 feet across 300 feet from the unit and picked up about 42 feet for every additional 100 feet. I suggested that it was entirely possible the unit picked up an unintended target and that all of these things combined with the fact that the PD didn't have a standard procedure for radar usage, nor did they have the manuals for the devices they employed raised reasonable doubt for the case.

The officer's rebuttal to my closing statements were that he was hidden and there was no way for me to have seen him. He said the car was a very high performance model that could easily accelerate to 60MPH and back down to 30MPH between the light and the 30MPH sign and that if I had seen him I would have easily been able to brake hard enough to avoid the ticket.

The judge said she believed I was traveling 47 in a 30.

That was supposed to be the end of it, but I piped up and asked for traffic school to keep it off my record. Normally this is not allowed if you take it to trial, but she said I had one of the most well presented and planned defenses she'd seen and allowed traffic school. $245 for court and school.

OK, so if my defense was so well executed, why the hell didn't she find me innocent. She let the guy in front me me go for passing three cars in the turning lane.

Ah well, I guess she didn't like I took up so much time is my guess. 30 mins at the original trial and ONE HOUR AND TEN MINUTES with me on the stand today. HOLY CRAP I lost my voice I talked so much.

At least I made them earn the money. She looked haggard when I was done and I tied the court up for nearly 2 hours.
 

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Well that part sucks, but it's still a a nice FU to the system in general that they had to spend so much time. The officer will be thinking about you the next time he writes a speeding ticket that's for sure.
 

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Good job! Impressive defense, I guess you should've brought high frequency witness, nevertheless impressive.

Driving a hot rod doesn't help with speeding tickets, unfortunately...
 

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That sucks man :disgust:. Like you said tho, at least you got your money's worth.. :bigthumb:
 

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the judge and the cop will think of you everytime they see an orange car .... lol ... glad it didnt end worse for ya .... slow down ....lol
 

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Nicely done, when you knew you were not going to prevail you should have had a little fun by yelling out movie quotes, ... you can't handle the truth, ... this court's out of order,
but then again by the sound of this Judge, she probably would have given you a time-out in county,

Note to self:
Retain you to prepare and represent me for eventual future ticket,
:smoker:
 

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Discussion Starter #95
the judge and the cop will think of you everytime they see an orange car .... lol ... glad it didnt end worse for ya .... slow down ....lol
That's the crazy thing. This was the first time in my LIFE I'd be cited for speeding and actually wasn't speeding. Some mistake was made that's why I fought it so tenaciously.

Is she trained in speed detection? :)


She was being nice. In judge-speak she was saying, "Nice try buddy, no dice this time around."
Maybe, but I had her cracking up at some stuff. When she asked if I was an expert in radio freq I told her at this point I could be from all the research I'd done and she busted out laughing.

I was seriously quite surprised I didn't get a dismissal. Especially after the guy before me was dismissed and he passed all the cars in the turning lane. Different officer though that looked to be younger. The guy that ticketed me had like 11 years with the department. Maybe he and the judge have a stronger rapport, dunno.

Thanks for the kind words everybody...I did my best.
 

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Nice try J, I don't think it mattered what proof you had she was going to stick with the cop. I hope you can stay out of that town from now on. Soulds like Mayberry
 

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Man, that is total BS! It really sucks how a cops word is taken over a "civilian's" in court. There are countless documented cases of dirty, cheating, lying cops, yet for some reason they are supposed to be more believable than a non cop. I just don't get it.
 

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Pretty soon we will have to protect ourselves with a computer in your car that records the speed with a time stamp. This could be good and bad.

We are sitting here at the table talking about speeding tickets. There is photo radar in Colorado and if they catch you, they send you a ticket with your picture. The loophole is if you can hide from the police for 90 days so if they can't serve you in person, you don't have to pay.
 
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