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49 over in dvp
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PostPosted: Fri Sep 25, 2009 1:48 am 
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Guys back in january i got a speeding ticket on dvp, but i am 90% sure he did not caught me on radar, i asked for disclosure request and i just received today, I have asked for: a full copy of the police officer’s notes, a copy of both sides of the officer’s copy of the ticket, witness will say statements, speed gun manual, calibration record, repair history and officer's training certificate but all i have received was a copy of my disclosure request, a copy of speeding ticket and his small notes from his memo book, so if he had caught me on radar he had to send me a prove right? or he doesnt have to? can you guys tell me, is this mean i have won the case already? :-)


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PostPosted: Fri Sep 25, 2009 6:24 pm 
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What do you mean by "a prove"?


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PostPosted: Sat Sep 26, 2009 12:18 am 
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No, the game just started. Send another request for disclosure with specific items (depending on what was in his note) related to how he measured your speed.


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PostPosted: Sat Sep 26, 2009 3:41 am 
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Radar Identified wrote:
What do you mean by "a prove"?

I mean if he caught me on radar he is suppose to send me a copy of the radar screen that he caught me on that speed, right?


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PostPosted: Sat Sep 26, 2009 3:44 am 
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liveontheedge wrote:
No, the game just started. Send another request for disclosure with specific items (depending on what was in his note) related to how he measured your speed.

I actually send him 2 disclosure request he did not reply my 1st disclosure request then i sent him another one, on his note all he says where he caught me and the speed i was making nothing else. can he say in the court that he did not use radar but he guess that i was making that speed or does he needs a solid prove?


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PostPosted: Sat Sep 26, 2009 11:42 am 
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king4087 wrote:
I mean if he caught me on radar he is suppose to send me a copy of the radar screen that he caught me on that speed, right?


Nope. There is no printout or photographic evidence that will be entered from the radar, only the officer's testimony that he got reading X from the device, so a "prove" is not required for disclosure or for court. They don't have the ability to press a button and get a printout of the speed, and photographs with time-date stamps of the device, while it would be nice to have, aren't required and are never taken. The officer is also not required to show you the reading on the radar at the time he stopped you, although some of them will.

However, for disclosure to be complete in speeding cases, they must provide you with the officer's notes, and a copy of (or access to) the radar/lidar manual. Sounds like they didn't provide you with the manual. Send another disclosure request. If they fail to provide you with the manual, there are numerous cases you can cite when filing a stay application for incomplete disclosure.


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PostPosted: Sat Sep 26, 2009 9:54 pm 
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Your disclosure is very incomplete. It's ok for the cop to say that he estimated your speed on the witness stand, and like you said if there was no solid proof such as a reading from a speed gun or a speedometer, his testimony or evidence is weak and he will likely choose to drop the charge when it comes to trial.


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Re: 49 over in dvp
PostPosted: Mon Oct 05, 2009 3:33 am 
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king4087 wrote:
Guys back in january i got a speeding ticket on dvp, but i am 90% sure he did not caught me on radar, i asked for disclosure request and i just received today, I have asked for: a full copy of the police officer’s notes, a copy of both sides of the officer’s copy of the ticket, witness will say statements, speed gun manual, calibration record, repair history and officer's training certificate but all i have received was a copy of my disclosure request, a copy of speeding ticket and his small notes from his memo book, so if he had caught me on radar he had to send me a prove right? or he doesnt have to? can you guys tell me, is this mean i have won the case already? :-)


I'm surprised no one has mentioned this, but was the ticket reduced at all? Seems kind of weird that he would give you 49 over unless he was saving you from getting your car taken away. If so, you have to be careful and not go for all the marbles.


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