Fairfax County General :
Fairfax Underground
Welcome to Fairfax Underground, a project site designed to improve communication among residents of Fairfax County, VA. Feel free to post anything Northern Virginia residents would find interesting.
Welcome to Fairfax Underground, a project site designed to improve communication among residents of Fairfax County, VA. Feel free to post anything Northern Virginia residents would find interesting.
qestion about getting out of a speeding ticket (No, I did not get a ticket)
Posted by:
KeepOnTruckin
()
Date: May 31, 2007 03:52PM
Im just curious. but i figure it could help out quite a few people on this forum.
So I know that when you go to court, you ask teh cop about the radar gun, when it was last calibrated, etc. Now there has to be a ceritfication ticket of (correct me if i am wrong) 30 days yes? or is it six months? ANd then the cop has to check it in some way each morning, right? Or calibrate it each morning?
Here is the law: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+46.2-882
"In any court or legal proceeding in which any question arises about the calibration or accuracy of any laser speed determination device, radar, or microcomputer device as described in this section used to determine the speed of any motor vehicle, a certificate, or a true copy thereof, showing the calibration or accuracy of (i) the speedometer of any vehicle, (ii) any tuning fork employed in calibrating or testing the radar or other speed determination device or (iii) any other method employed in calibrating or testing any laser speed determination device, and when and by whom the calibration was made, shall be admissible as evidence of the facts therein stated. No calibration or testing of such device shall be valid for longer than six months "
Yes I see it says that it has to be calibrated in the last six months.
But then in Cary's article (sorry to call you out Cary) he says that
"For example with a speeding ticket the police officer must have calibrated the radar gun that day and must show the certificate of approval and printout from the calibrating equipment to be in compliance with the law. If the officer forgot the certificate of approval for the radar gun the judge will be forced to throw the case out." so then it must be calibrated daily? I am confused. Officer/Attorney Friendly, im not sure you will be that much help here. You may continue to have hot gay sex with your mother.
So I know that when you go to court, you ask teh cop about the radar gun, when it was last calibrated, etc. Now there has to be a ceritfication ticket of (correct me if i am wrong) 30 days yes? or is it six months? ANd then the cop has to check it in some way each morning, right? Or calibrate it each morning?
Here is the law: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+46.2-882
"In any court or legal proceeding in which any question arises about the calibration or accuracy of any laser speed determination device, radar, or microcomputer device as described in this section used to determine the speed of any motor vehicle, a certificate, or a true copy thereof, showing the calibration or accuracy of (i) the speedometer of any vehicle, (ii) any tuning fork employed in calibrating or testing the radar or other speed determination device or (iii) any other method employed in calibrating or testing any laser speed determination device, and when and by whom the calibration was made, shall be admissible as evidence of the facts therein stated. No calibration or testing of such device shall be valid for longer than six months "
Yes I see it says that it has to be calibrated in the last six months.
But then in Cary's article (sorry to call you out Cary) he says that
"For example with a speeding ticket the police officer must have calibrated the radar gun that day and must show the certificate of approval and printout from the calibrating equipment to be in compliance with the law. If the officer forgot the certificate of approval for the radar gun the judge will be forced to throw the case out." so then it must be calibrated daily? I am confused. Officer/Attorney Friendly, im not sure you will be that much help here. You may continue to have hot gay sex with your mother.
Re: qestion about getting out of a speeding ticket (No, I did not get a ticket)
Posted by:
bdimag
()
Date: May 31, 2007 04:10PM
I kinda stopped reading halfway (just skipping the law part)...
but I just wanted to say you have a better chance of getting YOUR cars spedometer calibrated to knock off a few MPHs.. because im sure theyre pretty serious about calibrating their guns...
but I just wanted to say you have a better chance of getting YOUR cars spedometer calibrated to knock off a few MPHs.. because im sure theyre pretty serious about calibrating their guns...
Re: qestion about getting out of a speeding ticket (No, I did not get a ticket)
Posted by:
been there
()
Date: May 31, 2007 04:58PM
first thing when the cop is telling his story it to notice if he says how the speed was determined (radar/laser/etc.)
if he doesn't specifically say how he measured your speed -ask him directly- first thing!
then ask for the calibration. if they dont have it, tell the judge that the officer didn't measure you speed and thats it. if they give you a ORIGINAL of the calibration make sure that it was done in the 6 months before actual ticket. not between the ticket date and the court date. if they give you a PHOTOCOPY of the calibration make sure that it is a certified copy; notarized, not just a rubber stamp that says offical copy.
this is the same procedure for the certificate of accuracy no matter what kind of equiptmen they use. paced by car, lidar, radar, timed over highway lines- its all the same
some years ago i got popped by herndon. the guy before me in court did this and the calibration was out of date. my turn and the cop suddenly realised that he visually paced me...... judge saw right through his bullshit. nothing is worse than a cop who lies just to make some numbers. his only job is to tell it like it happened.
if he doesn't specifically say how he measured your speed -ask him directly- first thing!
then ask for the calibration. if they dont have it, tell the judge that the officer didn't measure you speed and thats it. if they give you a ORIGINAL of the calibration make sure that it was done in the 6 months before actual ticket. not between the ticket date and the court date. if they give you a PHOTOCOPY of the calibration make sure that it is a certified copy; notarized, not just a rubber stamp that says offical copy.
this is the same procedure for the certificate of accuracy no matter what kind of equiptmen they use. paced by car, lidar, radar, timed over highway lines- its all the same
some years ago i got popped by herndon. the guy before me in court did this and the calibration was out of date. my turn and the cop suddenly realised that he visually paced me...... judge saw right through his bullshit. nothing is worse than a cop who lies just to make some numbers. his only job is to tell it like it happened.
Re: qestion about getting out of a speeding ticket (No, I did not get a ticket)
Posted by:
Judge Dread
()
Date: June 16, 2007 07:01PM
If you know you were speeding... better just pay your fine and save that day off from work.
Calibrations are up-to-date so your chances are so damn slim that your going to get off from that.
Even if your calibration was wayyy off... Your still guilty.
Calibrations are up-to-date so your chances are so damn slim that your going to get off from that.
Even if your calibration was wayyy off... Your still guilty.
Re: qestion about getting out of a speeding ticket (No, I did not get a ticket)
Posted by:
RadarBubba
()
Date: June 24, 2007 03:45AM
Just so you know, when you show up at 9am and your name is first on the docket and you ask for a calibration certificate that the officer doesn't have...
SURPRISE! You get to sit there all day while the officer finishes all his contested tickets, then goes and gets his certification.
Don't even try to impress the magistrate with your quick and speedy trial bullshit. It would have been quick and speedy if you had kept your mandible mounted vagina shut.
In the end? Congradulations, you just took 4 hours to get a fine you could have gotten in 15 minutes. Or could have avoided all together if you'd have driven the speed limit in the first place.
Oh, and the chance that the officer shows up without his callibration (that he carries in that neat little binder with more official documents you even know to ask for) would be like you bringing a valid defense to court in the first place.
SURPRISE! You get to sit there all day while the officer finishes all his contested tickets, then goes and gets his certification.
Don't even try to impress the magistrate with your quick and speedy trial bullshit. It would have been quick and speedy if you had kept your mandible mounted vagina shut.
In the end? Congradulations, you just took 4 hours to get a fine you could have gotten in 15 minutes. Or could have avoided all together if you'd have driven the speed limit in the first place.
Oh, and the chance that the officer shows up without his callibration (that he carries in that neat little binder with more official documents you even know to ask for) would be like you bringing a valid defense to court in the first place.
Re: qestion about getting out of a speeding ticket (No, I did not get a ticket)
Posted by:
RESton Peace
()
Date: June 24, 2007 04:10AM
several defense lawyers have told me that challenging police radar calibration is a waste of time and they won't do it.
Re: qestion about getting out of a speeding ticket (No, I did not get a ticket)
Posted by:
RadarBubba
()
Date: June 24, 2007 04:30AM
Very true. If you're not facing jailtime or possible suspension just admit you're wrong and ask for driver improvement school. No need for a lawyer if you're looking at just a fine and points.
Re: qestion about getting out of a speeding ticket (No, I did not get a ticket)
Posted by:
frugalbeer
()
Date: June 24, 2007 05:30PM
Best thing to do is not speed!
I went on a drive along and my cop friend calibrates with a
tuning fork everytime she gets ready to use it.
Go the speed limit and flick off every mother fucker that rides
you for not going fast.
I went on a drive along and my cop friend calibrates with a
tuning fork everytime she gets ready to use it.
Go the speed limit and flick off every mother fucker that rides
you for not going fast.
Re: qestion about getting out of a speeding ticket (No, I did not get a ticket)
Posted by:
RESton Peace
()
Date: June 24, 2007 10:45PM
You know, frugalbeer, that would be good advice in any other jusridiction.
But I have followed it in Fairfax. I no longer speed. It didn't stop some cop from moving out of position and following me as I tirned three times... I've never seen a cop so obviously just looking for anythng he could get to pull some random person over.. I can only assume he was bored at that speed trap. Everyone knows it is there, so nobody speeds at 28 and westfields at night anymore.
My point is that you can NOT speed around here, and the cops will just look and look for some other way to get you. I keep my car to spec so he didn't have shit, not even a taillight, to get me on. Must have made him or her so fucking ANGRY... hell just having a job where they run radar traps all day on empty roads must make them angry. I never see them run radar on crowded streets and highways, where speeding is an actual present danger.
But I have followed it in Fairfax. I no longer speed. It didn't stop some cop from moving out of position and following me as I tirned three times... I've never seen a cop so obviously just looking for anythng he could get to pull some random person over.. I can only assume he was bored at that speed trap. Everyone knows it is there, so nobody speeds at 28 and westfields at night anymore.
My point is that you can NOT speed around here, and the cops will just look and look for some other way to get you. I keep my car to spec so he didn't have shit, not even a taillight, to get me on. Must have made him or her so fucking ANGRY... hell just having a job where they run radar traps all day on empty roads must make them angry. I never see them run radar on crowded streets and highways, where speeding is an actual present danger.
Re: qestion about getting out of a speeding ticket (No, I did not get a ticket)
Posted by:
Gravis
()
Date: June 24, 2007 11:14PM
RESton Peace Wrote:
-------------------------------------------------------
> I never see them run radar on crowded streets and
> highways, where speeding is an actual present
> danger.
that is so true. if they piss of the public, the public would do something about it. if they piss off a minority or drivers, nobody will listen. it's the stupid motherfucking status quo.
"the wisdom of the wise will perish, the intelligence of the intelligent will vanish."
-------------------------------------------------------
> I never see them run radar on crowded streets and
> highways, where speeding is an actual present
> danger.
that is so true. if they piss of the public, the public would do something about it. if they piss off a minority or drivers, nobody will listen. it's the stupid motherfucking status quo.
"the wisdom of the wise will perish, the intelligence of the intelligent will vanish."