| What to do if you are caught Speeding |
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Firstly, not enough people who are
caught fight it in court, they simply accept it, get the points and
pay the fine. If more than 10% fought the ticket I think the
judicial system dealing with this would be overwhelmed and brought
down on its knees. If in doubt, fight it. The worst thing that can
happen is that you will be convicted of you original offence. You
can get a heftier fine and more points in court, but unless you
were doing silly speeds, its unlikely.
Make the systems life HELL when
fighting it. Remember it is going to cost the system a huge amount
of money to prosecute you, in the officer's time, court's time,
prosecutor's time etc. The best thing you can do is make it worse
for them. (Revenge is sweet)
Here are some steps you can take.
Just as a byline, I asked a normal
officer what he think of Radar guns, and he hates them. He said he
thankfully has nothing to do with them. Bear in mind then, the
officer may not be in the best of moods.
What to do at the scene
It is critical that you start contesting your
ticket at the scene of the alleged offence. It is also CRITICAL that
you remain cool, calm and composed; keep you wits about you and do
not get mad. You must judge the officers temperament and situation
(is it a nice bright day, and the officer will be lenient or is it
pouring down and he wants to book you and go home) and decide the
approach for yourself . You are more likely to get let off by a
normal officer (black hat, black uniform) than by a traffic officer
(white hat, green overcoat). Remember, its a traffic cop's job to
catch you, the normal cop probably does not want the added paperwork
(I know someone who was let off in town for doing 70mph because he
said he thought he was still on the motorway). If the officer asks
you how fast you think you were going you can take one of three
approaches:
- You can deny it outright and tell him you
weren't speeding, that you checked the speedometer. DO NOT get
into an argument, but do not admit guilt. This is unlikely to
prevent him from giving you a ticket, but you can tell judge at a
trial that you were not speeding and you checked the speedometer,
you can have the officer confirm that in your cross examination of
him. This will serve to make your case stronger.
- You can say that you are not sure, your mind
was elsewhere. If he insists you were speeding, then sidestep by
saying something like, "I can only assume I must have been
otherwise you would not have stopped me". DO NOT admit guilt,
this approach simply reiterates the officers accusation. This is
difficult to use as evidence in court on both sides.
- Be honest and admit guilt. If you are stopped
by a traffic officer, then it is fair certainty you are going to
get a ticket anyway so this is a stupid approach. If it is a
normal officer, you may get off for being honest. This approach
relies on luck. Forget fighting it in court if you admit guilt.
Normally, NEVER admit guilt, even if you do not
intend fighting it, none of the I have a plane to catch, I'm late
for work, my house is on fire, my wife's giving birth in the back.
(Ok, you may get off for the latter 2 and may even get an escort).
All speed pacing police cars have to have their
speedo's measured and certified. Only traffic police cars are done,
and the speedo will have increments of 1 mph's. If you are stopped
by a non traffic officer, and told that he/she followed you and you
were speeding, simply ask as a matter of course when his speedo was
last calibrated. It is likely he will let you go since normal
police (beat) cars do not have certified speedo's, theirs is the
same as mine and yours and can not be used as evidence.
NEVER surrender your license at the roadside, you
will get a chance to take it to a police station. Surrendering you
license at the roadside is an admission of guilt. Surrendering it
at a police station later is just abiding by the law.
If you are given a ticket, study it carefully
before leaving the scene. The officer will ask if you have questions
about the ticket, and you will:
DO NOT get cocky at the scene, you have nothing
against the police officer, he/she is only doing his/her job. It is
the system that you want to fight (legally I mean!).
If you were caught on a Radar gun.
Ask to have a look at the radar gun and check that
the gun displays the speed that you were stopped for. Remember, the
police officer is not obliged to let you do this. As a con, this is
also going to make you less inconspicuous, so he may remember you
well in court.
If possible, get the make, model and serial number
of the radar gun.
Ask the officer to demonstrate that the radar gun
is calibrated (he will probably not do this, if not assume it is not
calibrated and use it as evidence).
Do not regard self diagnostics as accurate, Radar
guns are calibrated with a pair of tuning forks, and only this
external test may be considered accurate.
If the officer refuses to demonstrate the
calibration, ask him to prove that he has tuning forks in the car
(he will probably not be too happy at this point, but he can not do
anything, your requests are legitimate, although he is not obliged
to do it). If he doesn't, tell the judge because this means (at
least in your eyes) that that the gun is not calibrated.
If you were caught on a LIDAR gun.
Ask to have a look at the laser gun and check that
the gun displays the speed that you were stopped for.
If possible, get the make, model and serial number
of the laser unit.
Note the positioning of the unit in relation to
the sun or any other bright red or white light. LIDAR uses infrared
light., and does not work as well when aimed into infrared light
sources like the sun or high beam headlights.
Ask when the unit was last calibrated.
Ask to see a demonstration of the calibration.
the same notes apply for the RADAR gun. These however, are not tuned
by forks (I do not know how they are done).
YOU MUST MAKE NOTES AT THE SCENE. The officer
certainly will. In court you may be asked if the notes were made
while the events were still fresh in your mind. If you want to use
the notes, then the answer must be a yes. Note the following:
- The answers to any questions you asked the
officer.
- Any items you noted above.
- Positions of OTHER CARS. You may be able to
claim that he metered someone else, but stopped you (particularly
lorries, since radar is good at locking into a larger object)..
- The weather conditions.
- The time and date.
- Your direction of travel and the source and
destination.
- The lane you were in and the name of the road,
also the area.
- The officer's direction of travel and lane, or
note if he was parked
- A brief physical description of the officer so
you recognize him in court (PHOTO if possible)
- Take the officer's number, and the unit number
on his car.
If you were caught on a Camera.
The police MUST send you a notice of intended
prosecution within 14 days. If they do not, the case is a
non-starter. (Unless it took longer to trace you because you have a
company/hire car)
Preparing for Trial
Examine the ticket a few times. Look for mistakes
on the ticket such as a wrong name, time, date, or location. if
there are any, you should tell them to the magistrate.
Gather evidence, you should write to the police
and ask for at least the following items:
- Full copy of the Instruction manual for the
RADAR/LIDAR device used. (You may get told that this is a breach
of copyright, so, ask for the original and leave a deposit or
something)
- Copy (both sides) of the calibration
certificate.
- Details of the training (copy of certificate if
there is one) given to the officer in the use of the PARTICULAR
device.
I also recommend that you return to the scene and
take pictures of the area, including any signs which indicate the
law. Make sure that your pictures are clear. DO NOT use a digital
camera, to the best of my knowledge its not admissible.
If the Crown Requests an Adjournment
An Adjournment is a postponement of the original
trial date. The prosecution may ask for an adjournment because the
officer cannot appear on the trial date which was set. If possible
DO NOT agree to this, tell the judge that you had to book/take a day
off work to appear or something (try not to lie :o). This way, it
may not be possible for the officer to appear or something, this can
only serve to strengthen your case
Make note of any irregularities in the procedure
in your statement to the judge. Irregularities include things such
as the wrong ticket number printed on the notice, a silly reason
for requesting adjournment (such as a planned holiday, which the
police should have known about before setting the date), or receipt
of the adjournment notice too close to the trial date. It is
possible that if you protest the adjournment, it will be denied. In
this case (no pun intended) the charges should be dropped since you
can't have a case without the officers presence.
In Court
Check in with the prosecutor and usher and make
sure you are on the case list, and that he knows you have appeared
for trial. This is just to make your presence known, and hope that
may offer a plea bargain at this point, which you could consider. He
may not.
Look for the officer. If he doesn't appear, the
charges should be dropped. This is where it is handy to reference
the physical description you should have taken at the scene. If the
officer does appear he may approach you and ask to talk to you
before the trial. You don't have to, but it is polite to. Ask him to
withdraw the charge, he won't likely do that but hey, you don't ask
you don't get. DO NOT indicate your strategy to him, or show him
any notes or pictures. Keep this stuff in a manila envelope or
briefcase so that it is out of view prior to the actual trial.
Cross Examining the Officer
This is your chance to put your notes and pictures
to work. Ask the officer questions about the day to establish
whether he really remembers the incident and you. If he doesn't seem
to (this is where if you chose to be inconspicuous at the scene it
helped), ask him directly whether he really remembers what happened
that day. Destroying the officers credibility is an excellent way to
get acquitted, you may like to take the opportunity first to remind
him that he is under oath (ok, that may only work in the American
movies but it sounds good).
Ask about the radar or lidar equipment. If the
officer refused to demonstrate the calibration, ask why and demand
to know if the unit was truly calibrated. Each situation is
different, but you should be able to use your notes to develop a
strategy which insinuates that the equipment or officer used to
clock your speed was not accurate. If you achieve this you will be
acquitted.
Ask the officer about the laws in the catchment
area. This includes turn controls, signalling devices, speed limits,
and so on. If he doesn't get it right, use your pictures of the area
to prove that he is wrong. Showing that the officer does not
understand the laws in effect in the area is another good way to
reduce his credibility as a witness against you.
You can try to go for the attack that the clocking
may have been racially motivated. THIS IS VERY DANGEROUS and proceed
with caution, remember he probably did not see your face when he
clocked you. If all goes well, you may make the officer lose his
cool and throw a wobbly, this will drop his credibility. Or you may
end up with a charge of contempt. Personally, I would leave this
side of things unexplored, if it true however, seek legal counsel.
Courtesy and Appearance
Do not underestimate the impression of a shower,
clean shave, haircut, and nice suit and tie at the trial, avoid
jeans, t-shirt etc. You will look more innocent in this type of
dress, and your chance of acquittal or fine reduction will be
improved. You must also be courteous to the judge and officers of
the court. If you make the judge mad, you will be convicted, so
don't make him/her mad.
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