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Asked in Fort Lauderdale, FL Jul. 29, 2015 ,  4 answers Visitors: 71
What record can I request from a police who pulled me over speeding? Can I ask to see the speed on his gun or a print out?
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4 Answers

Anonymous
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Posted on / Aug. 05, 2015 17:04:54

Your question has already been answered in the replies of the other attorneys here, and quite thoroughly I would add. It is important to remember that the burden of proof is on the officer to prove the infraction. Although this burden is often met if the officer followed all of the steps and properly documented everything, a good attorney who knows what to look for in order to challenge the citation, and perhaps just as important, how to negotiate with the police officer if there are no technical deficiencies in the citation or in the logs and certifications of the officer and how to address the court and utilize his or her relationship with the court to your best advantage, can be had for a very reasonable fee and is money well spent.

Anonymous
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Posted on / Jul. 30, 2015 15:33:35

If you think you have legal defenses, you should really consider hiring a lawyer to represent you. There are several statutory requirements to meet before speed measuring devices are admissible. However, it is the opposing party's responsibility to object to the admission of radar if the proper foundation is not met. I am referring to Florida Statues 316.1905 and 316.1906. I hope this was helpful. Good luck.

Anonymous
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Posted on / Jul. 30, 2015 00:44:41

The only right that you have on the roadside is to receive a citation. You are then free to challenge it in court.

You now enjoy the same 3 options that anyone cited in Florida for a non-mandatory court appearance traffic citation enjoys: A) Pay it (in which case you will get points assessed on your driver license); B) Elect driving school (in which case points will NOT be assessed, but you can only do this 5 times in your life and cannot do it 2 times within any 12 month period); or C) Set it for Court and challenge it. In all 3 events you face fines and court costs on top of what I have outlined, and, regardless of which you choose, in all 3 cases you must make an election within 30 days of issuance of the citation.

That said, I strongly urge you to HIRE A LAWYER (caps intentional). My guess is that you have about as much business practicing law as I do piloting a space shuttle... meaning none. Please understand that this is not personal to you. It is a simple truism in the legal profession. It is very easy to screw up a case when one does not understand the complexities of the rules of evidence and the rules of procedure; and you are very likely to screw up your case if you serve as your own lawyer (ergo Abe Lincoln's famous quote... "He who represents himself has a fool for a client.").

In my opinion, the best defense for any traffic citation anywhere is to hire a local traffic ticket lawyer. I can't speak to the 954 area per se but in Miami, Fl, where I have been a practicing criminal defense lawyer for nearly a quarter of a century, there are many skilled and experienced traffic lawyers who know the law, the procedure, the Judge and probably the cop. In short you will almost certainly get both competent representation and a better result for a relatively small fee / investment.

I hope that I have been helpful in answering your question.

Anonymous
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Posted on / Jul. 29, 2015 23:45:20

There may not be any print out or anything. Usually discovery doesn't take place in traffic court. Speeds with radar are extremely hard to beat and can only be done through very effective cross examination and even then you could lose. To be honest, I don't think either of you are lying. Radar had a margin of error of about 3-5 MPH and I'm sure your speedometer has some degree of error too. Since you are only atguing a 6MPH difference I'm not surprised of the discrepancy.

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