[s-cars] speed tracked by airplane...long reply

[K Hayes]

On 5/20/04 4:49 AM, "Eric_R_Kissell at whirlpool.com"
<Eric_R_Kissell at whirlpool.com> wrote:

> 
> I do not see the air speed headwind/tailwind argument working at all.
> 
> Isn't the car's speed determined using a stopwatch (timer, unaffected by
> wind) and a known distance on the ground (also unaffected by wind)?
> 
> I do not believe the plane's speed factors in at all, as long as it is
> appropriate to get a good look at the automobile while it is being timed.
> 
> I could see an argument about inconsistency in the management of a timer,
> but I imagine this is done on film with a timer running right on the video
> tape, so that argument probably falls apart, too.
> 
> Of course, you did the crime so you cannot really plead innocence : -)
> 
> You are a bad, bad dangerous driver putting us all at risk with you
> ridiculous unsafe fast driving (-sarcasm-).
> 
> Good luck,
> Eric Kissell
> 
> 
> 
> _______________________________________________
> S-CAR-List mailing list
> S-CAR-List at audifans.com
> http://www.audifans.com/mailman/listinfo/s-car-list
> 


For the most part I agree with Eric.  I've been tracked by aircraft and
ticketed before ~6 years ago in Oregon.  Now I run with a bearcat scanner
and a V1 and have heard the aircraft tracking traffic, they usually pick
someone in the #1 lane because it's easier to time by the marks in the
center of the road.

I actually spent some time reviewing Oregon litigation and found a few
things in my favor, but you've got to do your homework and cite the numbers
of previous court settlements and laws.

The first one is finding in a training manual for the state police that they
cannot ticket someone for <5 mph.  I also found litigation supporting this
because of tire pressure error, speedo error and a couple of mph for
driver's error.

I also asked if the timer had been calibrated that day and of course it was
and the officer had proof.

I was able to reduce my fee  and points significantly, but did I did not get
off totally.  I was finding laws that stated that the officer witnessing the
infraction is the only officer that can ticket for the infraction.  Of
course there is another law that came on the books later that stated that
aircraft can assist in the apprehension of a crime.  Yada yada.  And the
judge couldn't find it to show me, but he tried.

I was the only person in the courtroom citing precedence straight our of
their books.  Everyone else was arguing that they stopped at the stop sign
or they weren't speeding.  But since I had done my homework my ticket went
from ~350 to $80.  The cop also met me after court and said although he knew
I was guilty, he was impressed, 'cause no one had ever done that before.

I also asked if the timer had been calibrated that day and of course it was
and the officer had proof.

My point isn't that the same things may work for you, your state, your cop's
policy, your situation.  Did the ticketing cop catch you speeding or were
you driving normal when he pulled behind you?  You've gotta look at your
situation.  Write down everything he/she asked you and everything you said,
then look at some big fat law books and find a way out.

You may find something weird that says the marks they use to measure your
speed from the air were improperly measured and someone who paid some fat
lawyer fee got off.  Who knows what you will find?  But look!

As far as headwind/ tailwind get that out of your head.  I'm working on my
commercial license right now and you'd be amazed how accurately we can
measure ground speed.  Of course the plane doesn't have to be traveling your
speed.  The timer just has to be able to see your car pass the mark and
click the stopwatch, but how far away was he? 500', 1000', 1500'?  Over a
populated area the pilot cannot fly lower than 1000' or within 2000' from
any tall obstacle.  FAR (federal air regulations) #91.119  Minimum safe
altitudes.  Find out if the pilot was also doing timing duties, usually
there are two people.

Good Luck,
Ken