Traffic Law question
Thread Starter
Staging Lane
Joined: Nov 2002
Posts: 61
Likes: 0
From: Orlando,Florida
Traffic Law question If one officer is using a Laser gun and different officer pulls me over. The officer that flags me over states the other officer said he taged me doing 57 in a 45 using a laser gun. The officer that flags me writes me a ticket for speeding. How does that officer know I was the vehicle he was calling about. I was in a white pick-up truck with another same colored one next to me. I had pulled from Rouse to University towards UCF and got to Panara when he said he clocked me. If I was in the Camaro he would have probably been right but my work truck is slow as hell and I wasn't even up to 45 when I saw the officer tagging people. I thought that the officer doing the tagging had to give the ticket not the guy standing out in traffic waving at people over. I asked the officer about it and he said to take it to court but he still had to write me a ticket. Do I have a leg to stand on or should I go and pray he doesn't show? If he does show up should I plea no contest. Or should I ask how he knows I was actually doing that speed as he did not witness it. He had no gun or anything himself. Any help would be great.
Thanks
Thanks
I'd say that you have a good case against the officer. I would fight it and tell the judge exactly what you wrote here...one guy doing the radar another one receiving info over the police radio of a white pick up and the other officer pulling you over instead of the other white pick up which was speeding.
However take note that speeding tickets are huge money makers for CITIES, not police departments. So the traffic magistrate may still nail your jewels to the wall.
It might not be a bad idea to call a ticket lawyer.
However take note that speeding tickets are huge money makers for CITIES, not police departments. So the traffic magistrate may still nail your jewels to the wall.
It might not be a bad idea to call a ticket lawyer.
Thread Starter
Staging Lane
Joined: Nov 2002
Posts: 61
Likes: 0
From: Orlando,Florida
Thanks for the advice. I pulled up a bunch of recent traffic citation cases online and found that Orange County Sherriff's quite often show up to their citation cases. So hopeing they don't show is out of the question. They will show.
TECH Apprentice
Joined: Jun 2004
Posts: 399
Likes: 0
From: Dallas, TX
If you weren't speeding, then show up and plead your case. Your story seems fine. I would approach the officer before the court date and get his side of the story. But if it was you and the officer pleads his case, then your screwed if you fight it. One thing about talking to the officer, be respectful and talk to him professionaly. Don't accuse him of giving you a ticket that was wrong. Like I said before, If you did speed and he got you, don't try to get out of it in a technacality, that will just bite you in the ****.
Thread Starter
Staging Lane
Joined: Nov 2002
Posts: 61
Likes: 0
From: Orlando,Florida
If I was speeding I would take the ticket without question. He said he lasered me doing 57 in a 45 at 397ft away. The street I pulled off of was 450 ft from where he was sitting. There is no was I got from zero to 57mph in 53 ft. Especially in a Silverado with a V-6.
Thanks for the help....
Thanks for the help....
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On The Tree
Joined: May 2004
Posts: 145
Likes: 0
From: Orlando, FL
Second hand infomation is acceptable in a court of law (known as hearsay) but has little to no weight.
Thus one officer doing the radar and an eniterly different officer doing the ticket writting. Is Thereby relying on hearsay evidence for issuing such a ticket. He didn't himself observe in person the law being broken for the ticket he is issuing. The officer who did the radaring in turn only saw a vehicle disobeying a law but can not without a doubt testify that the person who was cited was the actual person who was in violation of said State Statue. Because he didn't himself see said violator in person...
That's the approach I would take. I'd also make certain I had several court cases from which to quote on similar instances. The Justice system is there to protect Citizens from undo and a overbearing Government. The Justice system is to keep things from becoming a police state... So, always go to court if you know your innocent!
However, like many have said before me! If you did break the law? Then be Man enough to pay your due to your fellow citizens...
Good luck
Thus one officer doing the radar and an eniterly different officer doing the ticket writting. Is Thereby relying on hearsay evidence for issuing such a ticket. He didn't himself observe in person the law being broken for the ticket he is issuing. The officer who did the radaring in turn only saw a vehicle disobeying a law but can not without a doubt testify that the person who was cited was the actual person who was in violation of said State Statue. Because he didn't himself see said violator in person...
That's the approach I would take. I'd also make certain I had several court cases from which to quote on similar instances. The Justice system is there to protect Citizens from undo and a overbearing Government. The Justice system is to keep things from becoming a police state... So, always go to court if you know your innocent!
However, like many have said before me! If you did break the law? Then be Man enough to pay your due to your fellow citizens...
Good luck
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Verdad Gallardo TECH Apprentice
Joined: Jun 2004
Posts: 399
Likes: 0
From: Dallas, TX
Originally Posted by *JC*
Second hand infomation is acceptable in a court of law (known as hearsay) but has little to no weight.
Thus one officer doing the radar and an eniterly different officer doing the ticket writting. Is Thereby relying on hearsay evidence for issuing such a ticket. He didn't himself observe in person the law being broken for the ticket he is issuing. The officer who did the radaring in turn only saw a vehicle disobeying a law but can not without a doubt testify that the person who was cited was the actual person who was in violation of said State Statue. Because he didn't himself see said violator in person...
That's the approach I would take. I'd also make certain I had several court cases from which to quote on similar instances. The Justice system is there to protect Citizens from undo and a overbearing Government. The Justice system is to keep things from becoming a police state... So, always go to court if you know your innocent!
However, like many have said before me! If you did break the law? Then be Man enough to pay your due to your fellow citizens...
Good luck
Thus one officer doing the radar and an eniterly different officer doing the ticket writting. Is Thereby relying on hearsay evidence for issuing such a ticket. He didn't himself observe in person the law being broken for the ticket he is issuing. The officer who did the radaring in turn only saw a vehicle disobeying a law but can not without a doubt testify that the person who was cited was the actual person who was in violation of said State Statue. Because he didn't himself see said violator in person...
That's the approach I would take. I'd also make certain I had several court cases from which to quote on similar instances. The Justice system is there to protect Citizens from undo and a overbearing Government. The Justice system is to keep things from becoming a police state... So, always go to court if you know your innocent!
However, like many have said before me! If you did break the law? Then be Man enough to pay your due to your fellow citizens...
Good luck
"Because he didn't himself see said violator in person" he doesn't have to, it is called a radio, he tells the officer the next block up of a certain car doing a certain speed...I doubt there is rarely a time when there are 2 of the same vehicles in the same place within the same timeframe
Sorry for that, Flals1, did you talk to the cop(s)?
Thread Starter
Staging Lane
Joined: Nov 2002
Posts: 61
Likes: 0
From: Orlando,Florida
Yes, I talked to the officer (the one that wrote the ticket) and he said that he can not do anything about it. He stated that his superior is the one tagging the people and he was just told to write the ticket. All tickets were turned in to the superior of tracking of how many tickets were written and then turned over to the Clerks office. He said I can go to court and fight it but both officers would be there reguardless. I guess I'll just have to go to school and pay the fine. I really don't think I will have a chance without a witness.
TECH Apprentice
Joined: Jun 2004
Posts: 399
Likes: 0
From: Dallas, TX
You have a witness...I am sure you aren't the only person who got a ticket that day...This seems to be a case of a Supervisor wanting to do something and making a rookie write the citation. This manner of ticket writing is somewhat frowned upon, but I am not sure how your jurisdiction works, or even if the judge lets the offenders go with traffic school. Go to the county clerks office and ask for legal advise, there should be a legal rep who can help you more...I just don't know how your town works, but this situation seems a little unorthadox. The officer who clocked you should have showed showed up when the citation was written, just as a courtesy. I hope you can figure something out...this seems unfair. But don't fight it on a technicality, this is not the case.
12 Second Club
Joined: Feb 2005
Posts: 196
Likes: 0
From: Melbourne,FL
I've been charged with writing the tickets while another officer spots the violators and calls them out, it sucks. I can tell you that both officers will have to be there for them to win the case. If you KNOW that you were not going that fast, then take it to court, and present your case, just be ready to pay additional court costs if you lose.
Thread Starter
Staging Lane
Joined: Nov 2002
Posts: 61
Likes: 0
From: Orlando,Florida
Well, after advise from a lawyer friend i'm really pretty much screwed. I have no witnesses or anything. He told me to go to school and pay the fine (which I did). He said I might not have deserved it this time but I probably have in the past or will in the future. (Some lawyer 
) He said if I wanted to fight it would be best to get a lawyer who knows what the hell he's doing rather than doing it myself. In the long run it would cost me just as much if not more anyway. It just sucks that I haven't had a ticket in over 5 years. Then I get one in my POS work truck. 
) He said if I wanted to fight it would be best to get a lawyer who knows what the hell he's doing rather than doing it myself. In the long run it would cost me just as much if not more anyway. It just sucks that I haven't had a ticket in over 5 years. Then I get one in my POS work truck.