Re: How Can Multiple Errors On Summons Mean Nothing?

In article <ed4h6b12rqk@xxxxxxxxxxxxxxxxx>, "richard" <don@xxxxxxxx>
wrote:

"Larry" <x@xxxxx> wrote in message
news:x-8995C0.01383830082006@xxxxxxxxxxxxxxxxxxxxxxxxxx
In article <ed34mh0vhl@xxxxxxxxxxxxxxxxx>, "richard" <don@xxxxxxxx>
wrote:


First, hire an attorney to represent you properly. Obviously you need
one.
"If you can not afford an attorney, one will be provided for you."

This is not necessarily the case for a speeding ticket. It varies by
jurisdiction, but you might not have the right to have an attorney
appointed for you.

Even though the officer did not verbally give you "miranda warnings",
technically you have been placed under arrest and released on your own
recognizance.

This is not necessarily "technically" right. Not every traffic stop is
an arrest. If you're temporarily detained while the officer gives you a
ticket, that's not an arrest.

You have the legal right to an attorney in any and ALL court
proceedings.

You may have the right to an attorney, but that's different than having
the right to have one provided for you.

It makes no difference what the jurisdiction is, this right is
guaranteed under the US Constitution.

In *criminal* cases. Many jurisdictions treat traffic infractions as
*civil* matters, so there would NOT be a right to counsel.

Excerscise your rights.
Location of the incident only a few blocks away is incidental. Make and
model of vehicle may make a difference. After all, the officer was
standing
beside it right? Wrong plate number? Have the officer tested before the
court by an optometrist.

Have him tested? How would he do that, Richard? You think a judge can
order a witness - a police officer or not - to undergo a medical exam?


Yes they can and do. Even though this is probably a rare instance, it
happens.

Really? Where have you seen that happen? Maybe the prosecutor can
force the defendant to undergo a medical exam to make sure he could see
his speedometer if if claims he was going a certain speed.

These mistakes are areas for cross examination at best. Maybe if there
are enough mistakes and the officer doesn't have reasonable explanations
his entire memory of the incident will be questioned and that could be
enough for an acquittal.


Radar speed detection is a joke and has always been a joke.

Every jurisidiction in the country disagrees with you on this one.


Of course they do. Radar is a money maker.

And it promotes safety and saves lives and enforces the law.

The inventor of Radar, as well as the "Fuzzbuster", appeared in court
routinely as an expert witness, and when he appeared, the officer lost the
case, every time.

Really? Who invented radar, pray tell?

A Radar gun is incapable of singling out a particular vehicle, unlike laser
which can.
Radar is extremely susceptible to outside interferences. Which could cause
false readings.


So far I've
never been nailed with it but if I am, will fight it in court all the
way.

You do that.

What exactly is Radar? "Radio detection and ranging". Radar, is extremely
susceptible to many anamalies. Contrary to popular belief, the signal is
not
like that of a laser beam. It is transmitted 360 degrees from the gun.

360? I don't think so. Where do you get this from?

From having personal knowledge and owning several radar detectors.
Plus the fact that various tests by the manufacturers themselves, as well as
3rd parties have shown this to be true.
A radio signal can not be "beamed" 100% in any one given direction like that
of a laser beam.




Does
the radar gun know where the return signal came from precisely? No it
does
not.
Was there another vehicle going the opposite way at the time of the
signal?
Perhaps the signal was reflecting off of something else. There are to
many
factors involved to make radar a viable means to detect speed.

All these "perhaps" are merely speculation. Irrelevant unless they
apply to a particular situation.

Then how is that a fixed object can show a reflecting speed?
In a court of law, I will have the facts to back me up with.

But you won't be able to introduce them. Only witnesses can do that.

By all means, learn all you can about radar, including the way to
calibrate
the units. You might be amazed to learn that most models are calibrated
with
simple tuning forks. A damaged tuning fork could cause the reading to be
wrong.

When you hear a statement like the DA said, "So now you're a radar
expert.",
you reply with, "No sir I am not, but I will have one in court.".

If the guy's not going to hire a lawyer, I doubt he's going to hire a
radar-gun expert. And he certainly won't be qualified as an expert or
allowed to testify about what he learned from books.


Knowledge never hurt.


No, it can't hurt, but it certainly won't help if you can't introduce it
into evidence.


Challenge the ticket. I have challenged bogus tickets before and I have
beaten them.
.

Relevant Pages

  • Re: How Can Multiple Errors On Summons Mean Nothing?
    ... "If you can not afford an attorney, one will be provided for you." ... Even though the officer did not verbally give you "miranda warnings", ... You have the legal right to an attorney in any and ALL court ... Radar is a money maker. ...
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  • Re: Help on DUI arrest
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