I loved people like the OP. Five hours of pay at time and a half for about a half hour in court plus the comedy gold of listening to silly excuses.
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Wrist watch calibration required?
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You have a lot of speculation in your defense, I have never seen a what if defense work. Especially since you state that at least 2 other driver's were cited in the same location, presumably for the same thing.I made the turn and noticed that the Leo was already in process of writing someone else a citation. He waived me to pull over and asked to wait until he was finished. When it was my turn he approached and politely explained that there were 3 signs that indicated that turning between this time is illegal. He then requested my license and insurance and walked across the street.
He never entered his vehicle and his partner was writing a citation for the car behind me. I did not notice he called anywhere and I also did not notice him using his cellphone. Im assuming the only item used to determine the time was his wrist watch.
The whole point of my original questions was that If I got caught speeding, and Leo used a laser/radar to track my speed, the certification or calibration of the radar/laser would be the make it or break it point of the entire case. I assumed the same is done with wrist watches. So many possible things could of happen that morning, his watch battery started to die, he hit his watch against the tree by accident and the watch jumped an hour, forgot the daylight savings on/off, i can come up with 100 more possible issues.
Since making the turn is not the illegal part, its making the turn during and illegal timeframe that's the illegal part. If I can get the watch dismissed as evidence the ticket will be dismissed as well.
Do you guys really think I shouldnt fight this and that I will look stupid in court?
Your also wrong about the speeding cite, it is not just radar or lidar that is the sole factor, those tools are used to confirm what the officer already observed visually. Any motor guy worth his tag book will be able to articulate the facts prior to his/her confirming the observation with a tool. Then again I don't think I know anyone who would use a unit out of calibration or at least checked a couple times during the shift to start with.
When I went to radar school way longer ago then I care to remember we had to do visual observations both moving and stationary within a certain percentage of the actual speed of the vehicle. More than one person failed that part of the class and was not certified, but that was a while ago, and I don't know if things have changed all that much.
I personally think your defense is a long shot especially since you have now revealed that other driver's were also being cited. My bet is the were either complaints about driver's making the turn, and someone came down on the troops to watch it.Last edited by P5Ret; 02-21-2017, 6:36 PM.Comment
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Might as well stir the pot, sounds fun.
What's your plan to attack the watch's calibration? Are you an electrical engineer or some other kind of technical wristwatch industry person that can speak as an expert to the intricacies of a g-shock's inner workings?
I would love to see "Your Honor...your wall clock says 0817 and the officer just stated his watch reads 0821."
"That wall clock has been wrong for twenty years. Go to window one for a payment schedule."
While you're at it, subpoena his lasic surgeon to verify his vision. Doctors come to court for cheap.
This is not that scientific of a process. You did a thing, which was prohibited for some reason. You got caught. You got a ticket. We're not building rocket ships here.
Every traffic court I've ever been to...the judge offers traffic school to those who want to dispo the case pre-trial. If the judge had to hear the case and everyone had to go through the whole shindig, traffic court was off the table.
Your county may vary.Comment
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Was the officer was wearing her\his hat? It is well known that a peace officer cannot enforce traffic laws unless he\she is wearing his/her hat.
If she/he was wearing a hat, what style was it? Right now there is a major case being heard as to whether or not a ball cap is sufficient. The defense is arguing that a traditional patrol hat is required. However, the State is arguing that all the statute requires is the officer's head to be covered.
For further details see Alice vs. Madhatter.Last edited by Country_Jim; 02-22-2017, 4:10 PM.Comment
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Pray for rain, and hope the officer doesn't show up in court. Its your ONLY hope.
"I saved your life, AND brought you pizza" -- MeComment
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