Re: Another speeding ticket question

[Nathan Belo <belo@eskimo.com>]

On Thu, 7 Oct 1999, Michael Sheridan Williams wrote:

> hey all, last night i was going up a road in SF and a cop driving the 
> opposite direction decided to turn around and follow me.  Just as he 
> turned around, the road went up and to the right, getting me out of his 
> view.  I checked my speedo, dropped down to an indicated 35 and continued 
> along the road.
> 
> He then came up behind me, never pacing me within my view and then pulled 
> me over.  He asked what my hurry was, i told him i didnt know what he was 
> talking about and then told him that my speedo said 35 mph the whole 
> time.  He said that it looked like i was doing well over 40 when i went 
> by him the other way, and then as soon as he turned around, he "clocked" 
> me at "over 40mph,"  This got me thinking because he was in view while 
> going straight before the road turned for approximately 1 second.  There 
> is no way that he could have gotten me paced in that time.
> 
> Anyway, i just said that my speedo said 35 and stuck to that, it was true.
> 
> Then came back 15 minutes later and whne i pleaded with him one more 
> time, he said:  "it doesnt matter if your speedo said 35, this is a 25 
> zone."  Turns out, as i thought, he was wrong and it is a 35 zone.  He 
> wrote 25 on the citation, specifically saying 40+ in a 25 zone.  40+ is 
> obviously not an exact number, so there was no radar, and the topography 
> of the road does not lend itself well to pacing.  Then there is the fact 
> that he is wrong about the speed limit.
> 
> That should get it thrown out immediately shouldnt it?
> 
> what do you all think?
> 
> later...
> 
> Michael Sheridan Williams
> San Francisco, CA
> ICQ# 11740998
> 1983 UrQuattro, MC--1.8 BAR, borla, 2B Coilover/Koni Yellows, Delrin 
> Bushings f/r, 16x7.5 OZ Mito's w/ Yoko A520's, Cibie H4/H1's, K&N (blah)
> 1985 4000S Quattro, Koni Yellows/Coilover (2B), strut brace, Sport 8000 
> Tires, K&N
> http://members.aol.com/daserde2
> 
> 
WARNING:  I am not an attorney, nor do I warrant or guarantee my opinion.
This is strictly from personal experience pro se (representing myself) and
with an attorney's help (forgot latin term) successfully.

If in fact no SMD (Speed Measuring Device-Washington State) was used, the
discovery will clarify all doubt (see my under construction web site on
how to request discovery).

This is how I would present my case if no SMD was used.  
Judge:  Do you have any pre-trial matters?

Defendant:  Yes your honor!  There is no evidence to verify speed. (No
use of SMD, calibration, serial #, doppleganger effect, certification (see
web site), etc...) I make a motion to strike any language in reference to
speed.

Judge:  Motion granted!

Defendant:  Your honor, I make a motion to dismiss for lack of state's
evidence!  

Judge:  Motion granted, case dismissed (wham!)

You could try the wrong posted speed entered, but the cop is trying to
cover himself by saying 40+.  An attorney will say 40+ is "too conclusive"
without any measuring device.  By the way, I use the same attorney Bill
Gates used but now I fight my own tickets.  California may have similar to
Washington State trial filing procedures which requires the ticket to be
filed with 48 hours (weekends not included) and a trial date with 90 or
120 days of the occurance (WA used to be 90 days- I got off this way, now
you have to contest the date 10 days after receiving the court date to use
it here in WA because too many people like me got off this way).  I got 2
friends off (speeding, carpool lane) on the 48 hour filing rule.  I got
off 2 parking tickets (also good for any other type of ticket) for no
signature on the back.  Also any amendments, must be signed notarized and
registered with the court to be admissable.

An attorney chops off (strike) as much of the officer's notes as possible
and what is left is what the state relies on to convict, which is not much
if anything is removed.  Check if there is a website with the filing
procedures, WA state has one.  

Good luck!

'88 90Q
Nathan Belo
ASSOCIATE BROKER
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