I got a traffic ticket from an officer with a radar gun. How do I fight it?

Dog Lover

It was probably laser as radar is old technology.

Yes, you must be certified in the use of speed laser, be sure the machine is calibrated and keep a log book of every stop.

You have the right to take it to court, but if all of his paper work are in order... you will lose... and not only get the fine but probably court costs as well.

smartman300

there is little you can do. You can argue that the gun wasn't calibrated, but it is a simple procedure with a tuning fork (unlike lasers that need to be sent out to be calibrated), so the cop would most likely say "oh yeah i did it" on the stand. I never heard of a license to operate the device (maybe FCC?) but I don't think that would hold up too well in court. The old myth that "he didn't show me the gun" is false (safety reasons won't let you get in his car to view it) also. If you want to take your chances, go to court and hope he doesn't show up. For the most part, it usually is best to just take the class and pay the fine, and get on with it

Information Police

Just pay the fine and slow down.

p_l_gray

You're worried about the officers ability to use the radar when you can't legally operate your vehicle.....

Hilarious. Whatever happened to accepting responsibility for the infraction, pay the fine and learn your lesson. Stop speeding.

Besides... you'll lose. Judges invariably side with the officer. Get over it and STOP SPEEDING.

Dan

Drive the speed limit next time. =)

Jenn

Why is it that people like you can't simply pay the ticket? Instead you find it necessary to make people like my husband sit in court (after working a 12 hour shift), waiting for your case to be called so you can fight a stupid ticket you deserved in the first place. Break the law, then come here to find out how to get out of it, typical of soo many in today's society. I've had three speeding tickets and opted for driving school on one of them to keep the points off my license. The remaining points stayed on for a year.

fr_chuck

There are several things first was it a radar gun or a car mounted unit.

But there are alot of things, first it is not a license but it is called a certification, so you wil need the department to supply you with a copy of the police officers certification,

And what happens is they have to have the certification up to date.. Also they have to be sure thier annunal POST certification for law enforcement in general is up to date, they are requried to get annual traiining to even be able to write a ticket a all.

next all radar equipment has to be tested at the start of every shift, it is called a tunning fork test and they have to keep a record of it. You have the right to request these also.

Next you want to get a copy of all of the cars mechanical records, is the unit is not a real "gun" but a car mounted unit, since work to the transmission or drive train would require the units to be recalubrated.

jwright2

Go to court.
Request deferred adjudication.
Drive the speed limit for three months, and your record is clean (in TX)
OR
Request to take defensive driving course

Then speed until you get caught again.

gamedic2005

Did the officer ask if you wanted to see the radar? all officers must calibrat the radar at the begining of each shift. they have to log it as well. if u go to court to fight it ask to see the log book were the gun was calibrated by him on the begining of his shift and his radar cirtification, if these can not be shown ask for the charge to be dropped if they wont drop it ask for a continuance to seek legalk consul.

mdk

The officer has alll the necessary permits and training to use a radar gun.
Too bad you don't have any training in traffic safety.
-

PS: This "if the officer doesn't show up in court you win" is a crock of crap.

houstonpackard

He who pays and runs away lives to fight another day. Pay the ticket and don't be another "techicallity" loser. If a valid police officer and not a proven impersonator got you dead to rights on his monitor, ya know he has the creds to back up the documented accusation. Karma sez you were speeding or otherwise endangering yourself and community with illicit behavior pattern. Take it like a man (happens to us all), pay the ticket and learn from it. If you elect to fight this case, you will lose and be liable for additional court costs, but it's your decision.

John 1:1

I notice that you don't mention if you were actually speeding or not. I have to assume you were as you received a citation.

In that case you go to court, pay your fine and reflect on the consequences of your actions.

And next time, obey the speed limit.

CGIV76

Officer are certified, and radar guns are calibrated. All this information will be verified in court.

mark v

if the cop does not end up in court the ticket is dismissed.

Lawenforcer329

Okay, let's see..............I promise you, a police officer who has a radar gun uses the thing 8 hours a day. If you don't think he knows how to use it then you have a real problem. Try driving the speed limit for 8 hours a day and see if you know how........

nomad

hire an attorney. dont just pay it and dont do it again... thats just stupid. cops cheat, its a fact. they have quotes they have to fill and it does not matter to them if you were speeding or not... its all about the $$$$. Never, i repeat Never, trust a cop.

goz1111

you will have to file motion in the before the trial in the discovery phase to the DA asking that the DA gets from the police all things regarding the issue of the speeding ticket, this paper work can included the license of the officer, when the gun was calibrated etc

Blue Steel & Lace

You go to traffic court, and question him as a witness. You can ask him all of those questions in front of the judge.

edit: May I suggest instead that you plead guilty and ask for traffic school? Once you complete the course, your ticket is dismissed. It is nearly impossible to beat a radar ticket.

teri

It wont make a real bit of difference...just get that you were doing the wrong thing and take the responsibility and perhaps you will learn not to do it again...and make the rest of the people around you safer....instead of trying to blame it on someone else or looking for a way out...you did the crime now pay the fine...and get over it.

nicolasraage

you are on the right track. Go to the clerk of courts, and they can help you file public records request for everything you can think of regarding the officer and the case. If anything is missing, they will have to dismiss the case.

MoreFoolishThanWise

just go to court over it, and often the officer won't show up, then you win. If he does, you lose. The fines no different if you lose.

Enter Your Message or Comment

User Name:
User Email:
Post a comment: