Close Call..... Be Cautious!

[KB]

Unfortunately I never made a copy.

Everything was spot on that was the first thing I checked.

The only thing that was off was that it was a 25mph zone and he worte it up as a 40. COuld I argue that the cop was assuming my speed and wasn't educated enough on the actual speed limit.

Thanks Suf

Keith

[Suf Daddy]

1/2 Squids' photo has a lot of merit.
You need to take another one at half the distance to the sign to show the obstruction too..........from different distances.
Remember your pitch will be you were RIGHT of the centline (where you took the photo) when driving/riding. Therefore the sign was obstructed for a longer period of time.

The surrounding area doesn't look thickly settled, so the sign (speed limit) may be a local reason not conforming to DOT and NHTSA standards. This may mean without the sign (obstructed) 40 MPH was reasonable and prudent for that location and surroundings
-Suf Daddy.

Originally posted by Half Squid
So here is evidence! I have another picture as well so it proves the sign location to be on the correct road as I was pulled over. Just to cover my ass in court... Think I have a case? I do!!

[Half Squid]

I do have other picture as well as a shot from the intersection showing proof of it's location and you can still see the major obstruction from across the road! I have all the angles covered literally!!!! Thanks!

[Suf Daddy]

Keith: Always make a copy! DOH..

Hey: You and 1/2, these radar tickets? IF so I've got your "LAST chance" WRT: certification right here.............

Go to the clerk mag hearing and don't say much, just see if they will dismiss the ticket or skip it entirely with a letter to the court asking for a trial date instead.

You need to write a letter to the court asking for a continuance so you can prepare for trial. (after you get the court date)

2-3 weeks before the court date you need to ask the court and the police department by mail for the radar Certification certificate issued by the Commonwealth (its not) for that particular radar unit.

At court, If they give you a shiney new one, ask to see the certificate in force ON THE DATE of your ticket.

The Commonwealth has determined that the certification of these units is to be done on an annual basis. Each judge looks at this differently, I argue 6 months but some judges will go for 2 years under protest from a prosecutor. The jist is Certif valid for a year.

IF They don't have one (or canN'T produce one) that is valid during the date you were clocked speeding, you're free.

Its not a perponderance of the evidence anymore, its a non certified, non-compliant radar unit. Dismissed.

If the Department just got a shiney new one four months prior to you getting popped, your F'd.

-Suf Daddy

Originally posted by rmbbikes
Unfortunately I never made a copy.
Everything was spot on that was the first thing I checked.
The only thing that was off was that it was a 25mph zone and he worte it up as a 40. COuld I argue that the cop was assuming my speed and wasn't educated enough on the actual speed limit.
Thanks Suf
Keith

[Suf Daddy]

1/2: I'd further push the point that the sign directly across from it isn't a speed regulatory sign but appears to be the route number, therefore not signifing a "speed zone" for that stretch of road. (arguably, it would be for the traffic coming against you) but A speed sign there, by arguement, would define a "zone", one you didn't see it the case of this hidden sign.
-Suf Daddy

Originally posted by Half Squid
So here is evidence! I have another picture as well so it proves the sign location to be on the correct road as I was pulled over. Just to cover my ass in court... Think I have a case? I do!!

[richw]

1st they want your money

2nd Your on a bike so you were speeding

3rd Get a picture of the speed limit sign you passed last before this posting. That is what is in force until you pass the new one. Even after that you better make sure it wasn't a 30 MPH too.

4th They want your money.

5th The speed limits are placed so that all drivers are speeding all the time because.

6th They want your money.

7th The LEo's know that everyone speeds so they can stop virtually anyone anytime
"Let me see your papers" which sounds better in the original German

8th They want your money