Lhorgrim
Explorer
It would be an ethical violation for me to give you advice on how to defend against a traffic citation because I am forbidden by policy to give "legal' advice.
I can address some of the statements made in this thread though. DISCLAIMER: Every jurisdiction is different. Laws and procedures vary wildly from state to state.
Almost every agency I am familiar with has a policy against taking a driver back to the cruiser to show them the RADAR unit. This is an "officer safety" policy designed to limit exposure to the patrol cruiser and the guns inside. Of the agencies that do show the RADAR, most of them are the same ones who take the driver back to the front seat of the cruiser to write the citation. When the officer goes to court on the citation they will be required to testify under oath as to the reading on the RADAR display. If a long time has passed between the citation date and the court date, the officer will almost always refer to his copy of the ticket to tell the court what the speed was. Citations are considered court documents in many jurisdictions and falsifying one would likely mean the end of a career. Many cruisers have the RADAR tied in to the dash cam, so supervisors can check the speed listed on the recording on those units. I have heard of jurisdictions that use RADAR units with a hard copy printer, but I have never in 12 years as an officer met anyone from a jurisdiction that requires them. Even posting queries on law enforcement message boards I haven't run across any officer who has even seen one.
This is true depending on the jurisdiction and the judge. In my (small) jurisdiction, the judges are very concerned that every citizen gets every chance to have their case heard to the extent that the citizen desires. I have been to court three times on the same speeding ticket before. In my area, if an officer is subpoenaed to court they are required to be there unless they have made arrangements with the prosecutor to continue the case. In my system the judge allows both the defense and the prosecution two continuances if cause is given. (usually that the officer is in training or out of state) If we don't show up for court after having been subpoenaed, then we get a "show cause" order served on us and we have to go to court and explain to the judge why we didn't show. Then we are punished administratively.(written reprimand, suspension, or termination for multiple offenses.)
I can't speak to the judge's motives in how they behave on the bench, but there is so much truth about the court system in general in this statement that I had to comment. All of the judges in our jurisdiction are elected. In a small jurisdiction like mine (pop. ~17,000) that means that the judge knows many of the people that end up in court on minor traffic violations. The way it works here, and in many places, is that the defendant can speak to the prosecutor before court and tell them the situation from their point of view. Usually the prosecutor will offer an amended charge in exchange for a plea. Our prosecutor usually offers to drop the speed, or adjust the speed zone in order to keep you from getting any points. (in the OP's case, our prosecutor would probably offer to drop the speed to whatever the OP said he was driving) If you plead, the judge doesn't have to worry about ruling on any acquaintances, and the docket goes by very quickly.
I will try to post later to answer any questions that I can, but I just now got called in to 2nd shift for overtime so I have to get into uniform and get to work. :\
I can address some of the statements made in this thread though. DISCLAIMER: Every jurisdiction is different. Laws and procedures vary wildly from state to state.
Balgus said:
Almost every agency I am familiar with has a policy against taking a driver back to the cruiser to show them the RADAR unit. This is an "officer safety" policy designed to limit exposure to the patrol cruiser and the guns inside. Of the agencies that do show the RADAR, most of them are the same ones who take the driver back to the front seat of the cruiser to write the citation. When the officer goes to court on the citation they will be required to testify under oath as to the reading on the RADAR display. If a long time has passed between the citation date and the court date, the officer will almost always refer to his copy of the ticket to tell the court what the speed was. Citations are considered court documents in many jurisdictions and falsifying one would likely mean the end of a career. Many cruisers have the RADAR tied in to the dash cam, so supervisors can check the speed listed on the recording on those units. I have heard of jurisdictions that use RADAR units with a hard copy printer, but I have never in 12 years as an officer met anyone from a jurisdiction that requires them. Even posting queries on law enforcement message boards I haven't run across any officer who has even seen one.
Umbran said:
This is true depending on the jurisdiction and the judge. In my (small) jurisdiction, the judges are very concerned that every citizen gets every chance to have their case heard to the extent that the citizen desires. I have been to court three times on the same speeding ticket before. In my area, if an officer is subpoenaed to court they are required to be there unless they have made arrangements with the prosecutor to continue the case. In my system the judge allows both the defense and the prosecution two continuances if cause is given. (usually that the officer is in training or out of state) If we don't show up for court after having been subpoenaed, then we get a "show cause" order served on us and we have to go to court and explain to the judge why we didn't show. Then we are punished administratively.(written reprimand, suspension, or termination for multiple offenses.)
Torm said:
I can't speak to the judge's motives in how they behave on the bench, but there is so much truth about the court system in general in this statement that I had to comment. All of the judges in our jurisdiction are elected. In a small jurisdiction like mine (pop. ~17,000) that means that the judge knows many of the people that end up in court on minor traffic violations. The way it works here, and in many places, is that the defendant can speak to the prosecutor before court and tell them the situation from their point of view. Usually the prosecutor will offer an amended charge in exchange for a plea. Our prosecutor usually offers to drop the speed, or adjust the speed zone in order to keep you from getting any points. (in the OP's case, our prosecutor would probably offer to drop the speed to whatever the OP said he was driving) If you plead, the judge doesn't have to worry about ruling on any acquaintances, and the docket goes by very quickly.
I will try to post later to answer any questions that I can, but I just now got called in to 2nd shift for overtime so I have to get into uniform and get to work. :\
)
