Cop pacing tactics
04-12-2007, 02:59 PM
#26
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Originally Posted by PhotoMunkey
In court, the prosecutor must produce documents showing when the speedometer was last verified AND that the patrol car TIRE PSI must be set to exactly the right pressure. If not, then the pacing is invalid. If the tire PSI was not verified before and after his shift, then the judge could through the ticket out.
It's called "trial by ambush" where you first ask for a delay, which they'll allow for something like 60 days. Then, if possible, you ask for another delay (all in writing of course) immediately before the next court date. Then, on the day of the proceeding, if the officer is in the courtroom, get up and leave. You'll have to pay a small fine to get another court date, but generally the officer will throw out his notes, thinking he has a "no show conviction". When you get your date, you're allowed to ask for proof that the speedometer has been verified within the state standards, and proof that the tire PSI was checked before and after the shift (as inflation can affect the MPH which registers on the speedometer). Generally the prosecutor will not have one or the other. If he/she doesn't, then you have the right to immediately ask the judge for a dismissal, and he/she has to grant it. It's a point of law that you have the right to face your accuser in court, and verifying the department records is one method of doing this.
Of course, if they have the records, then you've got to ask the officer, on the stand, to recount the event WITHOUT using his note (i.e. from memory). If he's thrown them out, he won't be able to remember you (unless you were really stupid and argued with him on the side of the road). If he can't remember the specifics then again, you can ask for a dismissal.
This is all still a very dicey proposition, which is why most folks simply pay the fine.
It's called "trial by ambush" where you first ask for a delay, which they'll allow for something like 60 days. Then, if possible, you ask for another delay (all in writing of course) immediately before the next court date. Then, on the day of the proceeding, if the officer is in the courtroom, get up and leave. You'll have to pay a small fine to get another court date, but generally the officer will throw out his notes, thinking he has a "no show conviction". When you get your date, you're allowed to ask for proof that the speedometer has been verified within the state standards, and proof that the tire PSI was checked before and after the shift (as inflation can affect the MPH which registers on the speedometer). Generally the prosecutor will not have one or the other. If he/she doesn't, then you have the right to immediately ask the judge for a dismissal, and he/she has to grant it. It's a point of law that you have the right to face your accuser in court, and verifying the department records is one method of doing this.
Of course, if they have the records, then you've got to ask the officer, on the stand, to recount the event WITHOUT using his note (i.e. from memory). If he's thrown them out, he won't be able to remember you (unless you were really stupid and argued with him on the side of the road). If he can't remember the specifics then again, you can ask for a dismissal.
This is all still a very dicey proposition, which is why most folks simply pay the fine.
haha, that'll NEVER fly...
04-12-2007, 03:58 PM
#27
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Originally Posted by saturn
This is exactly why I violently alter my speed and lane every 4 or 5 seconds.
He has to have open space between you and him to pace you. You can gun it at 85 for 1/4 mile and then jump in a hole in traffic and slow down to 50. Alternatively, you can slam the brakes and change lanes if it's safe and there's no traffic... it's up to you. Just be safe, be cautious and you should be fine.
04-12-2007, 04:32 PM
#29
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Originally Posted by Toly
You can gun it at 85 for 1/4 mile and then jump in a hole in traffic and slow down to 50. Alternatively, you can slam the brakes and change lanes if it's safe and there's no traffic... it's up to you.
04-12-2007, 04:42 PM
#30
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I have been stopped several times. Here is my 2 cents:
1) If there is no speed written on the ticket - it will not stick if you fight it. The police have to state your speed.
2) If you are paced then the officer must prove his speedometer is calibrated for accuracy and have correct tire pressure to boot. If not you should be able to beat the ticket.
3) If the police get you by vascar (time you from one spot to another usually two white lines on the road) then only only argument is where the police officer was sitting, his vantage point, and angle. This one is hard to beat.
4) Radar the all time favorite. If you can get the officer to admit heavy traffic you can state that there was a mack truck near you. Most radars bounce of the largest object.
5) Airplane - don't know much about this one except it sucks. My best friend got nabbed coming back from Ocean City this way. Usually a warning sign on the highway.
6) After each on/off ramp there should be a speed limit sign if it's missing or obstructed possible way to beat a ticket.
Here is the bad part - The judge will always assume that the officers memory is perfect and that he is an upstanding member of the police force that always 100% tells the truth. The judge will always take the officer's word over yours NO MATTER WHAT. So have proof.
1) If there is no speed written on the ticket - it will not stick if you fight it. The police have to state your speed.
2) If you are paced then the officer must prove his speedometer is calibrated for accuracy and have correct tire pressure to boot. If not you should be able to beat the ticket.
3) If the police get you by vascar (time you from one spot to another usually two white lines on the road) then only only argument is where the police officer was sitting, his vantage point, and angle. This one is hard to beat.
4) Radar the all time favorite. If you can get the officer to admit heavy traffic you can state that there was a mack truck near you. Most radars bounce of the largest object.
5) Airplane - don't know much about this one except it sucks. My best friend got nabbed coming back from Ocean City this way. Usually a warning sign on the highway.
6) After each on/off ramp there should be a speed limit sign if it's missing or obstructed possible way to beat a ticket.
Here is the bad part - The judge will always assume that the officers memory is perfect and that he is an upstanding member of the police force that always 100% tells the truth. The judge will always take the officer's word over yours NO MATTER WHAT. So have proof.
04-12-2007, 05:02 PM
#32
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Originally Posted by ½mv²
Read the old thread - I was living out of my car at the time.
04-12-2007, 08:59 PM
#33
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i got a ticket for going 95 in a 60 , and i swear to whom ever that i was not going that fast i was going 80, 85 at the most. The cop said he laser'd me but my detector didn't go off so i asked if i could see the gun ( something my dad told me to do ) and he said no he already cleared it or some BS but i wasn't going to argue with him But i was pissed because i had 2 other people in the car and i know i wasn't doing 95. so i have the ticket with his signature and the box check laser, but my lawyer is my uncle so he did that whole record check thing and guess what? the M#$% F#$%ing cop didnt even have a laser radar gun. And since he didnt show me it i got out of it with out any fines.
04-13-2007, 07:54 AM
#34
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Originally Posted by ken-x8
That should do a fine job of getting him to ignore you.
OTOH you can have fun driving around in a black chevy with tinted windows, watching people scatter around as you pull up behind them...
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