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post #36 of (permalink) Old 06-20-2010
DizoAZ's Avatar
Joined: Oct 2005
Posts: 178

My father got a ticket in Gilbert with LIDAR from a motor cycle cop.

He won in court on a technicality. The cops are supposed to test their gun out between 2 signs that are setup and measured with a steel measuring tape (for calibration and testing). Gilbert did not have such a range and he won the case based on that.

Now I got a speeding ticket a while back from Gilbert and the cop was using a Radar gun. I grilled him for about 2 hrs. Turns out we found records on the radar gun by subpoenaing them and the gun had an intermittent problem that was not corrected. We even subpoenaed the repair guy to show up in court and he said he did not correct the "intermittent" problem. The judge ended up sending a letter to me 1-2 weeks later saying that the "police officers visual estimate of my speed was good enough" even without the radar gun.

I'd say do driving school if you're eligible. If not, subpoena the hell out of their records and ask for all records of the LIDAR gun, the manual of the LIDAR gun. I wouldn't ask them about the testing range because that's what my dad won on, if you tell them ahead of time, they might be able to set one up real quick on their premises before the court date.

If you're interested in fighting it, PM me and I'll see if I can find any of the documentation from his case. Or his case #, which you could probably go to the court of Gilbert and request the case notes which should be public record and case law now.

Ultimately it's going to come down to the judge, and if they're neutral or not. If they're biased towards the cops point of view, you probably don't stand a chance. It took my dad about a month to familiarize himself with the LIDAR manual for the gun the cop was using, which you'd have to find out by subpoena. It can take you quite a bit of time to build up a case. When my dad and I got our tickets 2 weeks apart, that's when we decided to fight our cases. We got 2 different judges, his seemed to be more neutral though and didn't take sides, whereas my judge was blatantly biased.

Also, no lawyers would talk to us regarding a speeding ticket. They seemed to be more interesting in protecting drunks and injury accidents than us, because there's more $$$ in it for them.

But yes, you got lucky that they didn't write it up as Criminal Speeding

You now have to figure out if it's worth the time and hassle of going to court and missing work if it falls on a workday. I hate being caught up in the judicial system and it will just make you have a negative view of the courts and cops. It might not be worth the stress, but if you can convince the judge that the fine is a little high for what you make, they might be able to work out a deal or payment plan..
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