If a cop pulls me over for speeding, what are my rights? Can I ask for a print out of the radar gun? What else am I entitled to in this situation?

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Question: If a cop pulls me over for speeding, what are my rights? Can I ask for a print out of the radar gun? What else am I entitled to in this situation?

Answer: First, an officer has to have reasonable suspicion that you have done something wrong in order to pull you over. That suspicion was that you were speeding and he obviously got that from either a radar or from pacing you. Your question leads me to believe that you were caught by radar.

While you can ask for a print out of the radar gun, you won't get it. You can also ask to look at the radar, but the officer is not obligated to show you it. It's essentially the officer's word against your word. You would be entitled to fight the ticket in court and hold the officer to his/her burden in proving beyond a reasonable doubt that you were speeding. If you can offer evidence that you were not speeding or you can show that the officer's radar was flawed somehow, then you will win.

How do you show that the radar obtained an inaccurate reading? What was the weather like? Was it day or not? Was the radar gun calibrated before the officer's shift and after it? Was it working properly when it was calibrated? All of those things matter when determining whether the radar gave an accurate reading.

Comments
16 thru 20 of 21 comments	1 2 3 [ 4 ] 5
On 04/14/04 rob from WA said: There are many other "demand for discovery" you can use to defend your self. ie: Copies of any and all officers notes 24 hours prior to and after this incident. copies of all staff manuals used or instructions to staff od the ___ state patrol. All information related to or concerning the officers training in estimating speed and operating speed measuring devices. If these items are not provided 7 days prior to you court date, you ask for the case to be dismissed.
On 03/05/04 Elizabeth from GA said: Is the there any other information on fighting a speeding ticket?
On 03/01/04 Tammy from AL said: Concerning your question on can you fight your speeding ticket? Yes, you most certainly can. It is called a Demand for Discovery and Production of Evidence to whatever court you might go to. Most lawyers will not use it because it dismisses all charges against you. The cop looses his share/the courts loose their share. So, they frown on lawyers who do use this.I am an attorney.Any officer(50)states must be FCC certified in radar to be able to write a speeding ticket.
On 02/24/04 Travis from OK said: Still your word against his unfortunately. Some of the laws are definitely biased towards law enforcement. I got a trespassing ticket last year for standing in a parking lot with some friends. They said there was a no trespassing sign posted, which happened to be a 4x6 note card that none of us could see from where we were. Just another example.
On 02/24/04 paul jones from MS said: where on the internet can i get the answers to the question to the witten part of the permit test
16 thru 20 of 21 comments	1 2 3 [ 4 ] 5

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