3. After gun will likely read the largest. fastest moving vehicle in the beam. if you are traveling In the vicinity of a large vehicle (even behind). you can be cited for its speed. i. Radar can pick up almost any solid surface. on windy days ying debris can be picked up by radar. Consider this If you were ticketed on a stormy day. a. Radar beams cannot travel through objects or around corners. The officer must be in your line of sight in order for him to get a proper reading. Safe speed a. Even If you were driving over the speed limit (which. of course. you seriously doubt). you were moving with the flow of traffic and had you driven any slower you would have been a hazard to other drivers on the road. you are ticketed 1 . If you opt for a trial by written declaration you give up your automac right to traffic school if you are eligible. This does not mean you won't be able to attend traffic school - It's just up to the judge to give it to you. If you are polite and respectful. and ask nicely. he will likely allow you to attend if you are found guilty in your de novo trial. In your declaration. avoid making emotional pleas (I'm poor: l'm a student. etc). Use the facts of the case. the law and supporting evidence to your favor. Take pictures (preferably no more than 20 minutes after the incident). provide diagrams. and cite all relevant vehicle and evidence codes. if you are found guilty in your trial by declaration. you have THE RIGHT to request a trial with the officer (trial de novo). but you have a 20 day window to do this - do it immediately. Once you have made this request. you have the right to a speedy trial. If the clerk fails to schedule your trial within 45 days (Rule 828(c)(7)). you can make a motion to dismiss the charges (this will be granted). You can raise all of the same defenses in your de novo trial that you raised in your declaration. The officer will be there so you will have the ability to cross- exarnlne him. You have the right to ask for: A copy of the engineering study A copy of the manufacturer's manual for the radar gun (which frequently addresses all of the instances where an erroneous reading may result}. To review the FCC license of the police station (to verify currency and authorization to operate number and type of units (it. It. laser). The officer' s notes for your Incident In order to obtain this information. you must make an official motion to the court (and police department). This is part of the discovery process: if you ask for any of it you also need to provide your photos. diagrams and witness statements. If you choose to fight your ticket BE SURE to purchase a book that specically addresses the process. This assignment has familierized you with the process: if you want to be certain of success you'll need to do additional research and prepare carefully for trial. Brown (12 My recommendation: Willem: by David W- ed. Noio Press. 2007). Fighting your ticket When you get pulled over: 1. Be respectful and polite. Do not argue. If the officer asks you if you know how fast you were going, respond with "I don't know" or "I was moving with the flow of traffic." You do not want to give the officer any indication that a) you know you are guilty or b) you will likely fight your ticket. If he thinks that you will contest a fine, he will likely take additional notes that could hinder your eventual chances for success. Defenses (Any ONE is grounds for a finding of NOT GUILTY) 1. Illegal speed trap. a. The speed limit on the road must be justified by an engineering and traffic study within the last five years (VC 40802(b)). If the road has not been justified, the officer cannot use radar at all. You must make a motion to obtain the study. i. There are several exemptions to this rule (speed limit over 65, senior zone, residential area, etc). Be sure to review the code prior to using it in your defense. ii. If the road has been "justified" you still may have a speed trap defense. Roads less than 40 feet wide, with 1/2 mile or less between interruptions (traffic signals, stop signs, etc), with more than one lane, and designated as local roads qualify as illegal speed traps. 2. Radar defenses. a. The use of radar is admissible with several important qualifications. i. The officer must show that he completed radar training. i. The device exceeded the standards of the National Highway Traffic Safety Administration iii. The device was calibrated within the last 3 years by an independent lab. b. Malfunction. There are several ways that radar can malfunction and give the officer an erroneous result i. The radar detector must be calibrated between uses. Proper calibration requires the use of a manufacturer-supplied tuning fork, which must be protected from damage (kept in a box). Most officers do not use the manufacturer provided tuning fork; for calibration, they use the "calibrate" switch built into the radar gun. This is an intemal measurement that is frequently inaccurate and can result in an erroneous reading (which the officer will have no idea about). ii. When the unit is used in a moving police cruiser, it is possible for the unit to falsely lock on to someone else's speed for either the officer's vehicle speed or the oncoming vehicle's speed. c. Laser guns are frequently used because they provide a more "accurate" result. This is only if the officer continually aims the gun at the SAME SPOT on your vehicle. If his had moves even slightly (as it would if he uses only one hand to aim or is sitting on a motor cycle with no stabilization) the gun movement can result in an artificially high reading. d. The beam projected by most radar guns (except laser) is approximately one foot wide for every four feet of distance (think flashlight). This means that a gun situated 200 feet away is projecting a beam 50 feet wide. TheProject Option B: Fight Your Ticket - Assign- S A , ment Submission M Due Monday by 11:59pm Points 25 Submitting a le upload a Post Your Ticket Assignment Here. Fight Your Ticket Judge's 25 to >235 pts 23.5 to >220 pts 22 to >21.o pts 21 to >0 pts Decision Not Guilty Not Guilty/ Guilty Guilty/ Not Guilty Guilty At least one This is close. Almost This is close. Almost Defenses that are defense is adequate for a not guilty adequate for a not guilty present are not acceptable to decision but more decision but more adequate to 25 pts the court. evidence is needed. evidence is needed. convince the court Closer to NOT guilty Closer to Guilty than the defendant is than guilty. not guilty. not guilty