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Calibration Defense| Anybody ever try it?

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One can plead technically not guilty and ask the judge that you be able to tell your side of the story

 

one has the right to speak your peace and let the chips fall where they may

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If you plead not responsible then a court date will be set so the officer can be there too. For a speeding ticket 99% of the time the officer never shows up hence you will be found not responsible. But yes you do have a valid argument with the radar not being calibrated. No matter as long as you are polite and dress accordingly you and file not responsible with the argument of not being calibrated your case will be dismissed.

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I have traffic court tomorrow and am prepared to attempt the calibration defense. Has anybody ever tried it and what was the outcome. (The deputy had not calibrated his radar since oct 10 2014) I may not win but at least I will get my moneys worth.

Was the radar last calibrated or last certified Oct. 10th 2014? There is a difference as it has to be certified yearly and calibrated before use. Would hate for you to get to court and have the officer say certified and your whole defense goes down the drain.

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I am on the fence on this one. If you were braking, the cop could have given you a warning depending on how far past the sign you were and how hard you were trying to brake.

 

On the other hand, you WERE admittedly speeding, and therefore know you were in the wrong. If the cop wasn't there, how hard would you have been braking? No reason to fight the ticket if you know you were in the wrong. You got caught, so pay the price.

 

This is one of the reasons why court costs are high. People who are knowingly in the wrong trying to avoid blame. The cop was doing his job. A technicality should not discount that fact.

If you really think about how many laws did you break going to work this morning. Maybe you took a little longer to put your seat belt on and drove down the road a bit with out it. Then you exceeded the speed limit slightly to stay with traffic. Or you changed lanes without using a blinker. All Violations.

 

the intent of a fine is to make sure that you recognize the results of your actions and not do them again. Not to fund a new fleet of vehicles, if the punishment fit the crime and did not fund the exaggerated luxuries of today's government than I would happily pay it. These days though the only one with excess money is government and I will not give them more than I have to. Of course I will not intentionally speed and no fine will change that. With all that being said if you represent government you should do it with pride and follow the procedures placed in front of you. My ticket looked like it was written by a fifth grader just learning cursive and my original court date was set for Memorial Day. I am expected to follow the rules and procedures of society so should the people enforcing those rules.

 

This post might not go over very well, but here it goes....

 

I always put my seatbelt on before I even put any vehicle in gear.

I was 5 mph over the limit, getting passed by just about everyone. I cannot afford to get a ticket in my work vehicle. My job depends on driving.

I don't think I changed lanes without signaling, but it is definitely a possibility.

 

But what do any of those questions have to do with you speeding and getting caught though? Just because 95% of everyone does it, that still does not make it legal. You broke a law and got caught. If I got caught speeding, it would be my responsibility, even if I was 5 MPH over and people passing me were 20 MPH over.

 

What does your getting caught speeding have to do with the budget of your local LEOs? Don't blame their budget on your speeding and getting caught. You state a fine is to teach a lesson, and it does not sound like you have learned one in this instance.

 

So what if the LEO had bad hand writing? Again, how does that change any of the facts?

 

And as for the "calibration defense", are you sure it was not a "certification" date on the radar gun? The calibration certification date is placed on the radar gun once a year. I have a lot of equipment that needs annual certification to ensure it is still within spec. Good for a calendar year from that date, but I still need to check calibration it each time I use it. But the date on the machine doesn't get changed every day.

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For the record its been at least 10 years since my last speeding ticket. This is not about going the path of least resistance, if I wanted to go the cheap route. I would go to driving school and quadruple the prices of the material I sell the sheriff dept until I made back the price of the fine and pain and suffering. I was in the process of braking so I could not say for certain at the time he radar'd me. Like I said previously it goes from 65 to 45 with no warning.

 

A fine is a tax and I pay to much in taxes without getting my voice heard. Government expects you to take the easy route these days and be done, probably the smart to way go. I choose not to do that, I choose to have my time court and I understand the consequences will be greater than if pay the fine if I lose. If law enforcement enforces the laws they must follow the procedures put in place by their governing bodies to ensure it is done properly. We as a society have allowed government to get glutinous on our dollar and with very little recourse from the people. Some of you may not understand this but I choose my time in court.. I choose to ask the question did you follow procedure. I choose to question rather than be told.

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For the record its been at least 10 years since my last speeding ticket. This is not about going the path of least resistance, if I wanted to go the cheap route. I would go to driving school and quadruple the prices of the material I sell the sheriff dept until I made back the price of the fine and pain and suffering. I was in the process of braking so I could not say for certain at the time he radar'd me. Like I said previously it goes from 65 to 45 with no warning.

 

A fine is a tax and I pay to much in taxes without getting my voice heard. Government expects you to take the easy route these days and be done, probably the smart to way go. I choose not to do that, I choose to have my time court and I understand the consequences will be greater than if pay the fine if I lose. If law enforcement enforces the laws they must follow the procedures put in place by their governing bodies to ensure it is done properly. We as a society have allowed government to get glutinous on our dollar and with very little recourse from the people. Some of you may not understand this but I choose my time in court.. I choose to ask the question did you follow procedure. I choose to question rather than be told.

How fast were you going?

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If you read the law on blinkers it's only if ur lane change or turn will effect the flow of traffic. Other than that not against the law not to use one.. as far as radar.. it gets calibrated 1 time a year. Tested daily by the tuning rods.

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This is a strange post for a hunting site but whatever. I am curious about your name. Are you Idaho Game and Fish, or I Dont Give A Fig? Would it be funny if the judge is a member of this site and just happened to catch your post? Good luck and say hello to Johnny Johnson He He He He He. :D

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I went to traffic school a couple of years back for busting a red light. The instructor went around the room asking what the offense was that brought the person into the class. I swear I was the only guilty party there, must have been a room full of Clinton supporters cause they were either innocent or wrongfully accused.

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Wow ask a question have your man hood questioned. Lets start from the bottom.

 

I was registered with my real name "Fred" but changed email providers and lost my password. My sign in represents a login that a former coworker use to use to get into our computer system ( I dont give a Fred) He thought it was funny and after several attempts I used that as my logon for CWT. It has only taken five years for some to catch on.

 

Personally, I like Clinton much better than the last two nimrods. He was known for two things and one was a good economy and you know the other. I like both.

 

This is not as much about guilt or innocence as much as the eighth amendment. excessive fines and sixth amendment the right to trial. I have been pulled over a dozen times for license plate lights being out by Leo's and in only one instance they were correct and another one they broke the light. Do you really think they were pulling me over for my license plate light being out? I have been pulled over and asked the officer why and he said "for absolutely nothing" I can take the easy route and complain under my breath or I can stand up and be heard. Like I said before if I have to follow the fundamentals of law so should the people enforcing it.

 

 

I do not have any points and my insurance will stay the same.

 

I do not know my exact speed I was in the process of braking when I realized I hit the 45 mph section (speed trap defense is possible) of the 65 mph highway.

 

The radar was calibrated on 10.04.14 and he has yet to do the daily's. I requested both.

 

Lance thank you for having a well thought out logical argument. Intellectual difference is always appreciated. The reason I asked how many laws you could have broken on your way to work this morning is to show that no matter how good you are in today's over regulated society you will break a law.

 

Last but not least, I posted here because I wanted to hear what people with similar interest think, not what an attorney or the like think.

 

You can go back to trying to flame me now.

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I am not sure where you see someone questioning your manhood or flaming you. I certainly wasn't.

 

I agree with it being nearly impossible to go even a single day without some type of infraction of a law.

 

The right for a trial is certainly an option. But I don't think this is a 6th issue with the admittance of guilt. I also don't know what your fine is, but if you were over 15mph above the speed limit when he clocked you, I would think a fine might be pretty hefty, but not excessive, making it an 8th amendment issue.

 

We only have a few facts on the situation from your side of the story, so it is up to those of us who read the thread to fill in the blanks, even if it is incorrectly done so. We also might not agree on the course of action, but I definitely agree you have a right to do so.

 

I am not going to change your mind, and you won't change mine, but if we ever meet up face to face, I will bend over backwards helping you out if you need it.

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