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Asked in Danbury, CT Jan. 07, 2016 ,  4 answers Visitors: 116
Best way to defend myself against a (radar) speeding ticket?
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4 Answers

Anonymous
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Posted on / Jan. 08, 2016 01:28:40

Do not consent to the radar calibration certificate coming into evidence; make the prosecution lay the foundation then ask to vior dire. Vior dire on the elements of the business records exception to the hearsay rule. After you vior dire move to preclude based on your questions which underminded the foundation. If the calibration certificate is precluded from evidence then the cop cannot testify as to the radar reading; if not he can. But even if the certificate and radar testimony is precluded you still have work to do. The prima facie case is made out on the visual estimation, not the radar. Again, move to strike any testimony of visual estimation unless the witness has laid the foundation as to his expertise. At the close of the prosecution's foundation again ask to Vior dire on the elements of the expertise (training certification). Then, move to preclude testimony of the witness based on undermining through your vior dire. If the court precludes you're home free the case has to be dismissed; if not then you have to continue on and cross examine after the direct testimony is closed. Your cross examination questions need to undermine the testimony as to the visual estimation. You do this by reverse extrapolation of the formula R x T = D. You are solving, through your questions, for R. You do this by eliciting testimony of T & D, and then dividing D by T to get FPS. The conversion factor of FPS to MPH is 1.46. Obviously, you'll have to bring a calculator but it's easy to do as you are questioning. Depending on what the mathematically proven MPH is will turn on your next set of questions. If it supports that you were not speeding then you bolster the testimony by having the witness attest to the accuracy of his answers; if it supports that you were speeding then you ask the witness for the calibration certificate of the radar that was used when he was trained. With these tips, I am sure you'll do just fine without a lawyer. Good luck!

Anonymous
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Posted on / Jan. 07, 2016 20:43:34

If you are going to proceed without an attorney, you are doing the right thing by doing research. You will not come off as arrogant by cross examining an officer. I do not practice in CT, but in Ohio, if you were to calmly, and respectfully, discuss this matter with the prosecutor, they will reduce your ticket to a lessor amount (such as a five or ten over).

Anonymous
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Posted on / Jan. 07, 2016 20:30:23

Let the prosecutor make the first move, that speed is not ridiculous and they may offer a very reasonable fine or donation.

Anonymous
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Posted on / Jan. 07, 2016 20:27:08

You might try to take your car into a shop and have them see whether your speedometer is accurate. If they give you some documentation showing your speedometer wasn't working properly, take that to court to show the judge.

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