I was reading an MSN article titled “The truth about speed traps” and how the motorist “doesn’t stand a chance.” This article was obviously not written by someone like me who makes his living defending New York motorists against speeding and DUI charges. The article details several common traffic enforcement techniques and opines on why a motorists cannot defend against each one. In reality each and every technique has its Achilles Heal.
Many police departments use aerial enforcement whereby a sheriff in an airplane or helicopter times the motorist between 2 fixed points and calculates the speed utilizing the simple formula of distance divided by time = speed. Out of nowhere you are pulled over and issued a ticket. The article states that these are one of the hardest tickets to defend against. In actuality they are the easiest. Why? Because there are 2 things that the police must prove as a condition precedent to even giving evidence of your speed at trial: (1) that the timing device was accurately calculated, and (2) your identity. In other words, the accuracy of the stopwatch that the cop 1000 feet above you used must be proved in court by competent evidence. This requires at least 1 witness in addition to the police officer to testify and enter into evidence records of the time piece’s calibration. As for identification, unless the cop who timed you in the airplane subsequently landed his airplane and pulled you over the cop who issued you the ticket cannot give evidence identifying you as the speeder. Why? Because it was not him that observed you speeding but the cop in the air. All he did was take a transmission from the cop that observed you as to the identity of your vehicle and your speed. This raises another problem in the police case against you, “hearsay,” but I don’t want to bore you with details.
Next up, laser guns. With laser enforcement an officer is standing out of his vehicle shooting the suspect vehicle as it goes by with a laser beam. The device then calculates speed. This presents much the same problem as with aerial enforcement – the cop that made the observation did not issue the ticket and as a condition precedent to entering the laser reading the calibration and accuracy of the device must be first placed into evidence.
The article goes on to talk about the difficulty in defending yourself against a “rolling radar.” This is when the cop’s radar is set to motion rather than stationary so the cop going in the opposite direction can be actively shooting the device at traffic in your lane. Such a technique opens the police up to a treasure trove of cross examination. What many people do not understand is that in any speeding ticket trial it is the cop’s burden to prove the case against you, not the other way around. The evidence cannot simply be predicated on the radar reading, but on several factors such as (1) identification of you and your vehicle as the offender, (2) a visual estimation of your speed PRIOR TO the radar reading, and (3) CONFIRMATION of the visual estimation by the radar. Creating doubt in any of these areas leads to a dismissal of the case. So to prove a case using a rolling radar the cop must, while safely operating his vehicle traveling at the speed limit in the opposite direction (1) take his eyes off the road and focus on your vehicle long enough to estimate your speed, (2) keeping his eyes off the road to look at the radar long enough to confirm the estimate, and (3) look down, still with his eyes off the road, to turn on his overhead lights. He then has to have unbroken observation as he looks for and executes a safe u-turn to pull you over. The officer has to do all of this while operating his vehicle in traffic, and know beyond any doubt that the radar readout is of your car alone in this sea of traffic, and have virtually unbroken observation. Undermining just a portion of these factors can lead to an acquittal.
The article does state that an “aggressive defense” can yield an acquittal, but that most people don’t have the time to go to court. This is true, but if you have been given a NY traffic ticket or speeding ticket that is where our law firm comes in. At http://www.attackthatticket.com/ we do everything for you. We go to court on your behalf, we send the ticket in for you and deal with the court, police, and prosecutor. Best of all, we charge 1 low flat fee and give a money back guarantee to reduce or eliminate the points. Go to our website, give us a call at toll free 1-877-99-NO-TIX or you can follow and contact us through facebook: http://www.facebook.com/pages/Mamaroneck-NY/Attack-That-Ticket/111312942224527?ref=mf
The bottom line is that getting a ticket does not end the process, but merely starts it. Don’t plea guilty as charged without first consulting with an attorney that specializes in speeding tickets in your state. Speeding ticket fines are high and cause insurance increases. Often times it is cheaper to hire a lawyer than it is to plead guilty as charged. If you get a NY speeding ticket or other moving violation we’ll tell you when it’s cheaper to have us fight it for you or whether it would be best to just pay the ticket.