[Prev][Next][Index][Thread]

Re: Fighting a ticket,a math problem

> > 
> > From: Jbrucebmw@domain.elided
> > Date: Thu, 1 Aug 1996 18:15:08 -0400
> > Subject: Fighting a ticket,a math problem
> > 
> > Well I have been fighting my speeding ticket for several months and the
> trial
> > is comming up now on Monday. I am now looking for advice/ideas on what to do
> > in the hearing.
> 
> You describe a ticket I got.
> The CHP have to pace you on his words alone you can get off.
> 
> > To refresh every ones mind this is the back round on what happened. At about
> > 10pm I was heading home from a BMW club meeting in the M635. I came to a
> > section of freeway where their were no cars and a couple of times I droped
> > down into 3rd gear accelerated up to the top of it and shifted into fourth.
> > Shortly after that when I was going about 80mph a CHP car came up behind me
> > at high speed with flashing lights on. He pulled me over and wrote me a
> > ticket for 105+ mph. He did not get me with radar but in his words he said
> "I
> > had to do 105 to catch you".
> 
> The way I beat the ticket (I wasn't speeding BTW).
> The officer will testify first.
> 
> You will get to question him.  Ask him to repeat that.
> Have a diagram drawn.
> 
> When you testify explain why he could not have gotten an accurate speed
> reading.
> 
> If he is behind you and is attempting to catch you he will have to go faster
> that you are going.  If you are 1/2 mile away from him and doing 65 mph and he
> is doing 
> 65 depending on how fast he can accelerate and how fast he wants to catch you
> he might
> have to reach speeds in excess of 100 MPH.
> 

One thing I would recommend, is that if you can shoot down his case on the cross
examination (your questioning of the cop), then don't offer to testify yourself
(tell your story). Once you start testifying, he (or the judge) can ask you
questions and get you caught in a contradiction that would hurt your case.
Remember, you have the right to not testify against yourself (5th ammendment),
so if things look good by the time you are done questioning the cop, then quit
while you are ahead.


- --
Russ Poffenberger               Engineering Specialist
Schlumberger Technologies ATE   DOMAIN: poffen@domain.elided
1601 Technology Drive		CIS:	72401,276
San Jose, Ca. 95110             Voice: (408)437-5254  FAX: (408)437-5246