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Old Oct 31, 2008 | 03:30 PM
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jonnyangel04
Senior Member
Joined: Jun 2006
Posts: 1,613
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From: Lakeville, MN/ River Falls, WI
Default SPEEDING TICKET help !!!

I am posting this in hope there are some smart officers on here. I just got pulled over for 120 in a 55. Long story short I was out in the middle of no where driving less then the speed limit behind two cars. Kicked it down to pass them only to see up ahead a car was pulling out, so I put it to the floor. Well as everyone knows 50 turns to 80, 80 turns to 100 and 100 turns into 120 very quickly. I got around them let off DIDNT BRAKE figuring I would just start to cost, only to see a cop at the top of the hill waiting for me.

The Female officer comes to the window and just says licenece please, I hand it to her and start to expalin my story. She doesnt want to hear it asks me to step out of the car. Here is where I think I am getting arrested nope even better she shows me the radar screen it says 121. She says get back in the car. I do, and i begin telling her my story of how I was passing these cars Blah blah blah. She begins to tell me she didnt see any cars like I am making this story up in my head. When she finally acknoldges that my story may have some bearing she asks how fast they were going. Stupid me I say I dont know 50- 55 she quickly explains thats the speed limit and will now be issused for the full sitation. I say you cant cut me a break at all she says no. I say great guess I will have to wait for court.

Obviously guilty I know this, 120 maybe I was just driving wasnt really looking was more worried about the car pulling out.

My question to the officers or lawyers on here are these.
First Question: Do i have a case? For one, isn't rolling radar going to have many possible errors due I was traveling the opposite direction with a very small window of time to be in his Radar?

Third Question: Due I show up in court and hope the cop doesn't show, and if he does, Hope he doesn't have the radar log book and calibration book and motion for dismissal from lack of evidence. Also I heard a continuance is not recommended either as it may tip off the Prosecuting attorney. This court case will be held in a small town of 4,000 population at the county seat. Being that it was in Wisconsin, Isnt there some "preponderance of evidence" clause.


Fifth and last question. He talks about the MUTDC manual and speed survey. Is this that real, or far fetched?? It says a cop has no jurisdiction to give you a speeding ticket if no speed survey was done in the last 5 years and because it is a federal regulation no state, or county rules can override it. Because this is a country road in a small population farm community possibly there was no survey done.

Pretty much I am screwed right before It goes into storage.
 
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