I believe the Radar Gun clocked the car ahead of me

deakcar
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I believe the Radar Gun clocked the car ahead of me

by: deakcar on
Sat Mar 31, 2012 9:44 am

I was driving on a four lane road with a center turning lane. The road was going up hill for about a mile. There was a car in front of me about the same size and same color. Both of us were in the center lane. No one was in the curbside lane.

The car in front of me was clearly speeding and I was decelerating and getting ready to enter in to the turning lane to make a left turn to a side street about 50 yards ahead. The side street was to visit my parents.

All of sudden a cop runs out into the curbside lane and looks at the car in front of me zip by and then he composes himself and flags me over.

He says I was speeding, and I said it was the car in front of me that he let go by. He said we were both doing the same speed. I said I was decelerating and turning left so that was impossible. He said he had clocked me almost a mile earlier further down the hill speeding. I asked him to show me the speed from that reading he said he only had the latest speed to show me and refused to show me the reading from earlier, and I said the speed registered on the gun was the speed of the car in front of me and you were confused because we were driving similar looking cars. The reality was I was actually going less than the posted speed limit as I was preparing to enter the turning lane to make my left turn.

His body language and tone sent clear signals to me that he knew he made a mistake but stood his ground and said take the ticket and argue it down.

I was not speeding, I was decelerating on an uphill slope. I believe I have a reasonable explanation of circumstances, I also believe that the location of the cars and the hill might trigger radar gun errors beyond user errors of the police. I believe the refusal to show me the clocked speed defeats the issue.

Can anyone help with defenses? Case law? Does anyone think I will actually win?

Thanks


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Decatur
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by: Decatur on
Sat Mar 31, 2012 10:08 am

There's no sense looking for defenses or case law at this time. Request a trial and then request disclosure of the officers notes and the testing procedure for the make and model of radar used and then you can figure out where to go from there.


deakcar
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by: deakcar on
Sat Mar 31, 2012 10:16 am

The trial is in less than a week. Can I still ask for disclosure info.

As well the date of the offense was was almost two years ago. I have moved the date a couple of times. If convicted when does the demerits come off from date of conviction or date of infraction?

Thanks.




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by: hwybear on
Sat Mar 31, 2012 2:04 pm

deakcar wrote: I also believe that the location of the cars and the hill might trigger radar gun errors beyond user errors of the police. I believe the refusal to show me the clocked speed defeats the issue.
- location of cars/hill will not create an error on the radar
- the officer does not have to show the reading of the radar/lidar
- officer does not have to "lock" a displayed speed
just an fyi
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca




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