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

[Bill Clancy]

what are we talking about here?   Is this a serious speeding thing?    Or
just an ordinary ticket?

I've tried so many times to get out of speeding tickets and I have never
been successful.  I was, however successful at getting out of a driving to
endanger charge.   (I did a donut in the snow in front of a cop and almost
hit another car).   It seems like the judge offers more leniency when the
offense is more serious.   All I had to do was attend a 4 hour driving
school thing and it was cleared off my record -- meanwhile the typical 70 in
a 65 (on a sunny day dry road) stuck on my record for years.

----- Original Message ----- 
From: "Theodore Chen" <tedebearp at yahoo.com>
To: "Bernard Littau" <bernardl at acumenassociates.com>
Cc: "Scar" <s-car-list at audifans.com>; <Eric_R_Kissell at whirlpool.com>
Sent: Friday, May 21, 2004 12:47 PM
Subject: Re: [s-cars] speed tracked by airplane...long reply


>
> --- Bernard Littau <bernardl at acumenassociates.com> wrote:
> > Opps, my bad with the spell checker.  I assume you all figured out I
> > meant hearsay...
> >
> > Bernard Littau wrote:
> >
> > > To the earlier comment on the officer signing the ticket not being the
> > > one to witness the infraction -
> > >
> > > If they included on the ticket that information was supplied to the
> > > officer who signs the ticket from some sort of log generated by
> > > another officer or credible observer, they can likely make it stick,
> > > as such information is not heresy, it is second hand.  Heresy would be
> > > when there is no record.  If they have a paper trail back to the
> > > witness, they can also likely make it stick.
> > >
> > > If they have video of your car going through the marks, then all
> > > heresy bets are off.  Plenty of case law convicting people from
> > > pictures and videos.
>
> bernard,
>
> it's hearsay evidence.  but it could be admissible under the business
> records exception, if a foundation is laid.
>
> the issue is, who is filling out the ticket?  if an officer is
> filling out the ticket based on what another officer has told him,
> that ticket would be double hearsay if introduced in court to prove
> that the defendant was speeding.
>
> it doesn't matter whether it's the ticket or the ticketing officer's
> testimony - you still have a problem with the fact that the ticketing
> officer is not the one who observed the speeding.
>
> -teddy
>
>
>
>
>
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