Hi all, I'm totally new here and I need some help. I have a trial date in the next 2 weeks and I want to prepare in fighting my ticket. I got ticketed back in Sept. 2015 and my trial date is in June 2016. I got disclosure with the officer's details. They also gave me dashboard cam which they call "evidence" but there's no evidence of speeding at all (not showing the officer's speed or any such detail). The video just shows some cars passing in front of the officer. I actually don't think I was speeding at the time -I was being cautious driving because it was my first time going that route because I just moved into a different house -My driver's licence still had old address (because the night before was the first night in the new address but I didn't actually plan to sleep there, I was too exhausted to go back to the old place) -I was going downhill when the officer radar gunned me saying I was going 74 in a 50. -I saw other cars driving past me like I was strolling and they were racing (the dashboard cam unfortunately does not show that, so I don't think I can bring this up in court). -I have two other convictions (speeding) back in 2014. Where can I get some knowledge on basic terminology for the court and/or what things can I bring up to win?

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Need help with a traffic ticket

by: ThunderSoul on

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ThunderSoul
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Re: Need help with a traffic ticket

I've been reading some of your posts regarding the radar used. Some people have won cases based on the radar used and inconsistencies with the manual used. In the disclosure I received, the officer is not giving away the model of the radar gun. He simply states it's a "Genesis Handheld". Also, there is no manual disclosed to me. What should I do here? The disclosure states "should you come to the conclusion that this disclosure material is deficient in some fashion, please contact the regional prosecutor's office to request further disclosure as soon as the deficiency comes to your attention. please ensure that you specify what material you are seeking". How do I get them to give me the manual the officer has used? I am also worried they may try to cheat and match the "model" in the disclosure with the correct manual and give me that one so I won't be able to use manual inconsistency in the trial. Should I ask to disclose the actual model number? Or can I use this lack of specification at the trial? He provided a serial number, which I'm sure can be used to track the model number, but I don't have the software for that. But if I ask to disclose the actual model number and the manual, they will simply match it rather than having it come from the officer. Please help. Thank you...

jsherk wrote:

If you decide to appeal, you still have to pay the fine first and the conviction will show up on your record until you win the appeal.

I think there is some other form you can request so that you do not have to pay the fine until after the appeal, so check for that one as well.

And the chances of the officer not showing up are very slim, but it is a remote possibility.

I've been reading some of your posts regarding the radar used. Some people have won cases based on the radar used and inconsistencies with the manual used.

In the disclosure I received, the officer is not giving away the model of the radar gun. He simply states it's a "Genesis Handheld". Also, there is no manual disclosed to me.

What should I do here? The disclosure states "should you come to the conclusion that this disclosure material is deficient in some fashion, please contact the regional prosecutor's office to request further disclosure as soon as the deficiency comes to your attention. please ensure that you specify what material you are seeking". How do I get them to give me the manual the officer has used? I am also worried they may try to cheat and match the "model" in the disclosure with the correct manual and give me that one so I won't be able to use manual inconsistency in the trial.

Should I ask to disclose the actual model number? Or can I use this lack of specification at the trial? He provided a serial number, which I'm sure can be used to track the model number, but I don't have the software for that.

But if I ask to disclose the actual model number and the manual, they will simply match it rather than having it come from the officer.

Please help. Thank you...

UnluckyDuck
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Re: Need help with a traffic ticket

Me personally am alike with JSherk. I believe in fighting everything with everything I got. Unfortunately, there's some you can't win easily. Even an experienced lawyer will have a hard time getting this charge dropped. One thing to take into consideration, once you start the trial, the speed will be amended up to the FULL AMOUNT. Therefore, if it was not already reduced, and you weren't offered a plea deal, then you have nothing to lose. If they have a really tight case on you (like they do), I'd personally just go and see the prosecutor and ask kindly if he could reduce it to 15 over, or maybe an amendment to Disobey Sign (110, 2 points).

Me personally am alike with JSherk. I believe in fighting everything with everything I got. Unfortunately, there's some you can't win easily. Even an experienced lawyer will have a hard time getting this charge dropped. One thing to take into consideration, once you start the trial, the speed will be amended up to the FULL AMOUNT. Therefore, if it was not already reduced, and you weren't offered a plea deal, then you have nothing to lose. If they have a really tight case on you (like they do), I'd personally just go and see the prosecutor and ask kindly if he could reduce it to 15 over, or maybe an amendment to Disobey Sign (110, 2 points).

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Re: Need help with a traffic ticket

Genesis Handheld is actually a model. Although it appears they've shortened it. The full name is Genesis Handheld Directional.

Genesis Handheld is actually a model. Although it appears they've shortened it. The full name is Genesis Handheld Directional.

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