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08-28-2006, 07:16 PM
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#16
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Calm Down Or Get A 2 Week Vacation -Love The Forum Policeman
Join Date: Jan 2003
Posts: 3,604
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Quote: Originally Posted by 96TransAm 
I was just ticketed for a 50 in a 35, it was a 45 mph zone and I was doing about 50. I requested the video from the patrol car, which has the bodymic streamed in, but was given the run around saying I needed to contact the courthouse, and the corut house told me to contact the police station. After giving up on that I was pulled over again by the same officer claiming I was doing 70 in a 35 (I was doing about 30) He then smiled and told me to have a good day. My guess is someone told him I was trying to get the tape and he didn't like that.
Your problem is a lack of legal knowledge. You have to SUBPOENA that. That has nothing to do with the court, or the police. You "serve" the police with the subpoena, along with the district or city or county attorney with a copy. In almost all states I know of, failure to comply with a subpoena can be held against the person refusing the subpoena. You then use that in court to show that the police are trying to hide things. Then, when they do it again, and claim there was a technical issue with the recorfing, you say the samething, and it gets dismissed. Will the cops go after you even harder, definitely, but if you beat them each time, you can file a grievance and a lawsuite against them for harrassment.
Now, imagine you have a tape of that stop. Why did he not cite you for 70 in a 35. With a copy of your proof of service of the subpoena, you could show a judge that you were being harrassed for excersizing your right to subpoena the recording.
You REALLY need to learn the law, or hire an attorney.
Michael
__________________
...I love the French language...especially to curse with...Nom de Dieu de putain de bordel de merde de saloperies de connards d'enculés de ta mère. You see, it's like wiping your *** with silk, I love it. www.yellinlawoffice.com
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08-28-2006, 07:23 PM
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#17
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Constant Bitrate
Join Date: Oct 2005
Location: Portland, Oregon
Posts: 114
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Yeah, I bet a lawyer would give you some free advice. Whenever someone in my family or I don't have the legal knowledge we ask a lawyer. I would think most would be happy to because of the possibility of getting a client.
__________________
------- I'm hungry
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08-29-2006, 11:11 AM
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#18
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Newbie
Join Date: Aug 2005
Location: Austin TX
Posts: 22
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I am in the process of getting my car ready for a day at the track. As part of my preparation I am making building a cruise camera mount to put over my shoulder to make a video of the experience. You could do the same and as long as you capture the speedo as well as the road in front of you you should have more evidence than before. I think it would be harder to argue with a video tape than a text read out. Digital tape is relatively cheap or you can have a digital video card in the car computer that records the signal.
There is even a company that makes an integrated DVR/Camera setup
http://www.cruisecam.com/
It isn't cheap but probably as cheap as a good lawyer. Plus you get all the video of your significant other doing all the things they say that they don't do.
__________________
2006 Subaru STI
Voom2PC with CN700 Lilliput 7" Digimoto mOByDic
Sirius-SR1 BU-355 - EWF/Roadrunner/LSX
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08-29-2006, 11:21 AM
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#19
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Constant Bitrate
Join Date: Apr 2005
Posts: 157
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If the Cruise Cam had a built in rear view so it could see the police officer pulling me over while taping my MPH then it might help...but the officer and judge can always say my speedo was not calibrated which is something they often say.
But, that along with the GPS should be enough to easily get phony cases dismissed. Although, the cruise cam setup really isn't very practical for everyday driving. The mounts ae big and bulky, and you need to mount a camera on top of that.
Last edited by 96TransAm; 08-29-2006 at 11:36 AM.
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09-02-2006, 11:04 AM
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#20
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Newbie
Join Date: Aug 2006
Location: Corning, NY
Posts: 1
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Quote: Originally Posted by 96TransAm 
Yes, the county judge has sided with me everytime like I said...it's the city judge I'm afraid of.
I have fought many citations in court, and have rarley seen a bias judge. They usually really care to set things right. Sometimes they will let you plead to a non traffic fine...so you don't get points, and they still get money.
Exactly what happened to me on my motorcycle. My garmin showed my speed accurately, however the time of the citation was off by over an hour. Therefore I was able to prove that I was in another county at the actual time. The judge didn't toss it out, but paying a non moving fine was much cheaper than 74 in a 55.  Lesson learned.
HH
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01-16-2007, 02:27 PM
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#22
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Newbie
Join Date: Jan 2007
Posts: 3
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[ciao] to all, some knows how to say as find me the satellites on the [destinator]?
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02-13-2007, 03:45 PM
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#23
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Constant Bitrate
Join Date: Apr 2005
Posts: 157
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The trial is over on my speeding ticket. Thought you should know how I came out with my GPS presentation at the trial. At the final hearing, the prosecutor asked me some questions and then gave me a warning about perjury. After that warning he asked some of the same questions. He had discovered all the posts I made on the Internet, which proved that I did not have a GPS in my vehicle the night I received the ticket. The Judge found my presentation not to be credible evidence and found me guilty on the speeding ticket. I was fined $364.46, which includes the pay for the officers appearing in Court. The prosecutor also showed that I had an incorrect address on my driver’s license. He filed a Motion to have me held in contempt of Court on the grounds that I had committed perjury. The Court gave him 30 days to file a brief on the matter. A City Marshal came to my house shortly after the trial, wanting to examine my computer. At the suggestion of the Prosecutor and after talking with my family, I decided to apologize and tell the truth to the Court. I could have been sentenced to a hundred dollar fine and 3 nights in jail on each of several charges for contempt of Court plus a possible perjury charge. To make, present or use any record, document or thing in Court such as my GPS presentation, with knowledge of its falsity is a felony punishable by two to ten years in prison. I think the prosecutor worked at trying to keep me out of jail. He also agreed not to pursue the perjury charge. I was sanctioned $100.00 for failing to file a brief on time. I was held in contempt of Court for what I did on the Internet and fined $100. but no jail time. I was held in contempt of Court for fabricating the GPS presentation and not telling the truth in Court. I was fined $100, and given 3 days in jail. However, the prosecutor agreed to suspend the jail time for 180 days on the condition that I post a $250. bond. I cannot get another conviction or deferred disposition within 180 days. If I get another conviction within 180 days, I will serve three days in jail on this contempt. I have to put a correct address on my Driver’s license and provide proof of that. The Court ordered me into counseling once a week for 30 days and thereafter as suggested by the Counselor for the remainder of the 180 days. Obviously I exercised extremely poor judgment in my effort to try and outsmart the system. I apologized to the Court and I apologize to anyone on the net who might have been misled into making an equally poor choice or means of fighting a speeding ticket based on some of the comments I have made. Some of us may be highly skilled when it comes to computers and cars, but we can become rather ignorant when we step out of the perceived scope of our expertise. It’s even worse to be totally ignorant of the law. The Court and prosecutor gave me a big break on this one. I have truly learned something from what I considered “just a speeding ticket.”
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02-13-2007, 05:37 PM
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#24
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Join Date: Mar 2004
Location: Little Elm, Texas
Posts: 13,361
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good.
I'm sorry, but anyone that thinks they are above the law is low in my book.
Sounds like they made you write the post too. Good for them.
and next time, don't send a PM asking to have your account and all information related to it deleted.
Hope you learned your lesson, you're one lucky guy. Hopefully you don't abuse it.
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02-13-2007, 05:50 PM
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#25
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Confusion Master
Join Date: Sep 2003
Location: If you go down to the woods today, You're sure of
Posts: 10,509
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deja vu?
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02-13-2007, 05:56 PM
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#26
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Join Date: Mar 2004
Location: Little Elm, Texas
Posts: 13,361
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