Mike,
First and most important - I'M NOT A LAWYER! So take this for what it's worth.
Okay?
There is a National Motorists Organization (or some such title - try a google
search), which will loan or rent (?) materials to aid in fighting tickets like
this. I've heard great things about it from folks on the Ferrari list.
Barring that, some questions you could ask the cop (and do your homework
beforehand) would be:
- When was the radar unit last calibrated?
- Can you show me the certificate (if it's out of date, ask for immediate
dismissal)?
- What is the range of the unit?
- Given the low radar cross-section of my car as compared to the other traffic
(can you list the other types of vehicles around you at the time? Minivans?
Trucks? Pickups?), how did you manage to pick me out of the "crowd"?
If you can show bias or improper "ops", you might gain sympathy with the judge
- as long as you're not hostile (doesn't sound like it). If you can show on a
map or semi-scale drawing that, logically, the cop *couldn't* have picked you
out, you might do well. If your driving record is clean, be sure to bring a
copy. You might consider getting your speedometer calibrated (probably about
$30-40) to show sincerity to the judge. Ultimately, apology, humility, and
respect for the "robe" will gain you the most points if the judge is not
sympathetic to your case. Oh, and pay attention to how the judge handles other
cases before yours. If he's offering a one day driving course to expunge your
record, be sure to suggest that if all the rest isn't working.
I once got a reckless driving ticket (77 in a 55) and went to court. I had
said nothing to the cop, so the judge asked me if I had anything to say. My
points were: 1. clean driving record (and handed the judge a copy); 2. I
wasn't talking on the phone, feeding myself, or reading a newspaper, I was
merely paying more attention to the traffic around me than my speedometer; 3.
In an effort to ensure that it wouldn't happen again, I had my speedometer
calibrated (and handed him a copy); and 4. because I'm a civilian defense
contractor w/ a security clearance, all I was asking for was enough leniency
that the reckless driving (which would go onto my security record) could be
replaced by something of a lesser charge. Seemed that that's all the judge
wanted to hear - he knocked it down to a non-moving violation.
Another time, the radar unit calibration appeared to be out of date - but I
lost the nerve to say or even imply anything negative about the cop in open
court, so I went for the day school (which the judge had been handing out left
and right). In retrospect, I could have said something like, "Your honor, it
appears to me that this particular radar unit's calibration was out of date.
If I'm reading this right and that is the case, then I must ask for a dismissal
on the grounds of faulty equipment on the part of the officer." I have no idea
how that might have played out.
And finally, in court one time, I saw a lawyer get someone off because it was
not the officer's initials on the radar unit calibration certificate. The
calibration became "hearsay" and inadmissible. Keep that in mind also.
Granted some of these tactics take some nerve when you're up against "city
hall". Best of luck to you and let us know how it turns out.
George P.
George P.
'78 Spit
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