First speeding ticket on personal vehicle

Discussion in 'Experienced Truckers' Advice' started by Roby, Aug 12, 2011.

  1. smarttowers

    smarttowers Light Load Member

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    Jul 6, 2011
    New Mexico
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    One thing I know for sure is in New Mexico anything under 6 MPH is not a point offense. If you wanted to be a real dick you could fight that you insist on having the source code of the radar gun. In the US you have the right to question any witness used against you. This argument has been used before to beat DWI charges. The companies making the equipment will not allow the states to release the code generally so the ticket gets thrown out for no evidence.

    I still like the guy who beat the speeding ticket by his lawyer pointing the gun at a wall jerking it sharply and making the wall appear to be moving according to the device. The jury threw that one out.
     
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  3. striker

    striker Road Train Member

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    Aug 8, 2009
    Denver, Co
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    Sorry folks, but Roadmedic is only partially correct, that may be what the law says, but remember, your company is also the law. My employer requires me to notify them of any tickets I receive, within 36 hrs of receiving them. If I get it in the semi, they want a copy of the ticket as well. This is also per our insurance company.

    This is generally a company requiremnt.

    Wrong again, even electronic speedo's can be off slightly the same with the gun calibration. If you think your speedo is accurate, measure it against a GPS unit.

    I've seen laser and radar tickets beaten because of the gun being abused and not serviced. One of the tricks still used by lawyers who specialize in traffic cases, under Discovery, is to get the full service history and calibration history of the device used. Most state require these devices to recalibrated annually, and if the unit dropped, it most be serviced. My lawyer and I beat a ticket about 8 yrs ago because the gun had been dropped and not serviced. I asked to see the reading, when the cop brought the gun to me, I could plainly see that the housing had a crack in it. I mentioned this to my lawyer, he subpeonead the gun into court and the full history of it. We observed and noted that there was a crack in the housing as well as a couple marks to indicate it had been scraped/dropped on a hard surface. The gun was 4 yrs old and didn't have any service records, nor did it have calibration records. The judge dismissed the ticket on the spot.
     
  4. Roadmedic

    Roadmedic Road Train Member

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    Apr 4, 2007
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    Company policy is different.

    I did not mention what my company requires.

    I only posted the law.
     
    Last edited: Aug 14, 2011
  5. Onetruckpony

    Onetruckpony Medium Load Member

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    Jun 11, 2011
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    A jury trial for a speeding ticket?
    Watched a friend try fighting a ticket with the defense that his speedo was wrong and he was using GPS.
    He was told Electronic speedos are more acurate than a GPS which have a +- factor of up to 20 ft.
     
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