[net.auto] Radar Report

nrv@ulysses.UUCP (N. Richard Venditto) (02/09/84)

It has been a while and many of you are probably wondering how the State of
New Jersey v. Venditto turned out.  Score 1 for K-55 radar, 0 for defense.

First I would like to thank all of you who contributed information to the
cause.  You provided the support and encouragement I needed to give it a shot
so to speak.  Though I lost the case I did learn quite a bit in the process,
some of which may be useful to some of you in the future.

1	Do not alienate the officer issuing the summons, but try to be
	polite and friendly.  He may let you off with a warning.  In my case
	I refrained from any hostile comments until after the ticket was in
	my hands.  WRONG THING TO DO!  If I had been friendly with the 
	officer after receiving the ticket he might have been more receptive
	to my plea bargaining attempt in court to lower the convicted speed
	3 MPH.  This would have made a difference on my permanent driving
	record.  Both judge and prosecuting attorney would have obliged this
	request, but the officer would not.
2	Ask the officer politely to see the reading on the speed device, and
	if you dare, ask him to check its calibration as you watch.  If the
	calibration test fails, you're off the hook.  If it doesn't fail you
	still have some hope, though somewhat less than before.
3	If the device is the K-55 radar and you live in N J your chances are
	bleak.  The State of N J, in the interest of justice, conducted a
	hearing to prove the accuracy of the K-55 device (this can be found
	in vol. 170 of the N J Superior Court Reports).  Essentially they
	outlined under what circumstances the device can be considered accurate
	and acceptable evidence.  The police and the prosecution are familiar
	with this case.  In addition, MPH Industries, the manufacturer of the
	K-55, provide the service of practically insuring convictions for the
	police departments that buy their equipment by providing proper
	training for the officers (as required by the hearing in vol. 170) and
	probably the script used by the prosecution in presenting its case.
	They covered all possible loopholes in the law.
4	The K-55 can be discredited if:  a) the officer was in moving mode,
	either coming towards you or following  b) there is traffic in the area
	with your car, especially trucks or other large vehicles.
5	If the device is other than K-55 you have a chance, though it might
	require the hiring of an expert witness to testify on your behalf.
	Only a few specific types of radar have been examined by the state
	courts.
6	Remember that you are dealing with the legal system and you must change
	your way of thinking.  What seems right is not always admissible
	evidence.  What seems unfair may very well be but without some hard
	facts the court cannot do anything about it.  The system itself can
	provide you with your defense if you research the legal collections
	of large library.  You should concentrate on the cases tried by the
	state court, with the most recent having the most impact.
7	For those with the resources and the determination to appeal if
	necessary:  if the officer presents no evidence that suggests he
	thought you were speeding prior to the reading on the radar, then
	according to the 4th amendment right to freedom from unreasonable
	search, he had no probable cause to aim the radar at you in the first
	place, and any evidence gained by such action would be inadmissible
	(maybe).

Good luck to all of you in your private pursuit of justice, and thanks again.
					Rich Venditto (ulysses!nrv)

leichter@yale-com.UUCP (Jerry Leichter) (02/10/84)

Another recommendation, for what it's worth; this one comes from Roy Cohen
(in his book "How to Fight For Your Rights (and Win)":  The cop you are dealing
with also deals with many other similar cases all the time.  He will have
trouble remembering the details of any one case unless something about that
case makes it stand out.  (It will be a while before the case comes to trial.)
So...make your encounter with the cop as short and "usual" as possible.  DON'T
argue, don't apologize; just accept the ticket and get out of there.  When your
day in court arrives, there will basically be two stories:  Yours and cop's.
If yours is specific and has a lot of details, it will be more believable
than a vague tale of non-specific wrong-doing on the cop's part; you will have
a better chance of carrying the day.

This advice is NOT meant to encourage anyone to lie.  (Cohen is quite explicit
in stating this, but then he has to; if he were to encourage perjury openly,
he'd be disbarred.  Me, I am under no such legal constraint; I don't encourage
lying because it's wrong.  It is just a fact of life, however, that the best
strategy for the innocent is often also a helpful strategy for the guilty.)

							-- Jerry
					decvax!yale-comix!leichter leichter@yale

mrh@aluxz.UUCP (HUDOCK) (02/10/84)

     IF YOUR GUILTY PAY THE FINE.

david@tekig.UUCP (02/13/84)

If you are not guilty, you will pay the fine also, brainwave.

I think that is the point that is being made.

tektronix!tekig!david

kwmc@hou5d.UUCP (K. W. M. Cochran) (02/21/84)

> If you are not guilty, you will pay the fine also, brainwave.
> 
> I think that is the point that is being made.
> 
> tektronix!tekig!david

Is this the case?  How many people in net-land have been prosecuted
for speeding at 65mph say, when they really were doing only 55 ?

I really don't think many of us worry about being stopped for speeding
when we are not speeding.
				Ken Cochran      hou5d!kwmc

seifert@ihuxl.UUCP (D.A. Seifert) (02/22/84)

> I really don't think many of us worry about being stopped for speeding
> when we are not speeding.
>				Ken Cochran      hou5d!kwmc

Call us when you wake up.  In actual fact, the pigs ticket anyone 
they feel like.  I rather dislike driving along at a legal speed,
along with several other cars and getting pulled over and being 
given a speeding ticket supposedly based on radar (which wasn't even 
on, but try and prove that in court!).  The judges are of course in
on it, so there's no point in even trying to fight it, unless
you're F.Lee Bailey, or someone. (Yes, I've tried! That's how I know!)

Radar is for making money. Pure and simple.

		Tired of living in a police state that has the
		nerve to call itself 'free'.  Maybe it's not as bad 
		as Russia, big deal!
		
-- 
		_____
	       /_____\	    "Happiness is a warm puppy"
	      /_______\			Snoopy
		|___|	
	    ____|___|_____	    ihnp4!ihuxl!seifert

wetcw@pyuxa.UUCP (T C Wheeler) (02/23/84)

Why do I have this feeling that Mr Seifert is not telling us the whole
story?  What was he doing BEFORE he joined up with the other cars?  Was
he perhaps changing lanes in an erratic manner?  Did he give the high
sign to the policeman?  I think there is more to this story than meets
the eye.  If the police needed to hand out a ration of tickets, they
would hardly have to pick on someone travelling the speed limit.  There
are just too many drivers going faster than that to worry about some poor soul
bopping along at the speed limit.  No, I find the story a little bit
hard to swallow.  
T. C. Wheeler

mickey@cca.UUCP (Merrill Levine) (02/24/84)

I'm sure there's more than one, but as the passenger of a driver whose
wife was pregnant and REFUSED to drive over 55, we got pulled over in
one of Mass. infamous gang bangs (one radar, 5-10 chase cars). When my
friend protested that there was NO WAY IN H*LL that he was over 55, the
cop only gave him a warning. We were both upset that he even got the
warning, but we were getting late for an engagement.

Yes, the innocent DO pay for driving 55 when nabbed by radar.

seifert@ihuxl.UUCP (D.A. Seifert) (02/24/84)

> Why do I have this feeling that Mr Seifert is not telling us the whole
> story?  What was he doing BEFORE he joined up with the other cars?  Was
> he perhaps changing lanes in an erratic manner?  Did he give the high
> sign to the policeman?  I think there is more to this story than meets
> the eye.  If the police needed to hand out a ration of tickets, they
> would hardly have to pick on someone travelling the speed limit.  There
> are just too many drivers going faster than that to worry about some poor soul
> bopping along at the speed limit.  No, I find the story a little bit
> hard to swallow.  
> T. C. Wheeler

No I wasn't changing lanes (2 lane street). Or doing anything 
unusual at all.  Just cruising along. Same speed as the cars in
front and back of me.  Pig pulls in behind me and turns lights
on. I pull over. The car in front of me also pulls over (!?).
Pig walks up and tells driver of other car he can go, then gives
me ticket.

Question: the whole group was driving at the same speed, so why
didn't car in front of me get a ticket, especially since he
pulled over expecting one?

He wasn't just picking out the obvious high performance cars to
ticket, the car in front of me happened to be a yellow Corvette.
(Verses a mild-mannered looking dark sedan)  He must have had
an axe to grind against foreign cars.

Doesn't matter if they grab people actually speeding or not,
radar is so accepted in courts, all the pig has to do is
say "I clocked him/her on radar" and the "Judge" says "Guilty".
In this case his radar WASN'T EVEN ON! The escort never peeped.
But who do you think they are going to believe in court? Just
mentioning that you have a radar detector is going to label
you 'guilty'.

Still tired of living in a police state.
-- 
		_____
	       /_____\	    Have you hugged your beagle today?
	      /_______\			Snoopy
		|___|	
	    ____|___|_____	    ihnp4!ihuxl!seifert

lsk@ltuxa.UUCP (KAUFMAN) (02/24/84)

I admit that since moving to Illinois I have seen more radar on local
roads than ever before, including in New Jersey after the great "radar
buy"; but to say "I rather dislike driving along at a legal speed,
along with several other cars and getting pulled over . . . ."
is a bit much.

Assuming this referred to local police, I will admit they LOVE
to get you on local roads that have posted 25 mph or 30 mph
limits and should be 45 mph (pardon the local reference: Ogden
Ave, Woodridge Dr, and Janes Ave come to mind); but I have gone
past many a local radar at five miles over the limit and had
no problem.

Indeed, I talked a Downers Grove policeman into giving me a warning
for going 40 in a 30 mile zone, when, in fact, I was going 48 mph.

I honestly thought the limit was 45. He wrote up the warning for 40
because anything above 10 miles over the limit could NOT get a warning.
(Local note again: this is only true in Downers, I discovered).

And what is the trick to talking your way out of that situation?

a) be polite
b) sincerely apologize
c) promise to never do it again
d) keep him/her talking for at least 15 minutes

I suspect some people on this net wouldn't know how to do any of
the above (especially when it comes to police).

=larry
AT&T Technologies

tackett@wivax.UUCP (Raymond Tackett) (02/24/84)

I can readily believe Seifert's story.  I had a friend go to court
over a ticket for speeding "55 in a 55 zone"(!).  This was alleged to
be too fast for conditions.  Conditions were wall to wall traffic, all
moving at 55.  My friend's car was the only one in sight from New
Hampshire.  All the others were M*ssholes.


-- 
/////\\\\\
 \ \  / /          From the brightly colored, ever opening 'chute
   \  /                                of
   NOID                            Ray Tackett

emma@uw-june (02/25/84)

Actually, I know of at least one case where the wrong guy got a ticket
based on radar-- I'd just passed him.  He got my ticket.
-Joe P.

brad@sdcrdcf.UUCP (Brad Spear) (02/29/84)

In article <931@ihuxl.UUCP> seifert@ihuxl.UUCP (D.A. Seifert) writes:
>
>No I wasn't changing lanes (2 lane street). Or doing anything 
>unusual at all.  Just cruising along. Same speed as the cars in
>front and back of me.  Pig pulls in behind me and turns lights
>on. I pull over. The car in front of me also pulls over (!?).
>Pig walks up and tells driver of other car he can go, then gives
>me ticket.
>       . . .
>He wasn't just picking out the obvious high performance cars to
>ticket, the car in front of me happened to be a yellow Corvette.
>(Verses a mild-mannered looking dark sedan)  He must have had
>an axe to grind against foreign cars.
>       . . .

You say the car in front of you pulled over?  How close were you to his rear
bumper?  Were you one of the people advocating tailgating if a left-lane hog
didn't move over?  I don't like left-lane hogs either, but thats another
subject.

I find it rather hard to believe that out of all the cars on the road,
including the Corvette, the cop would pick non-descript little you to pick on
without some reason.

					Brad Spear
					sdcrdcf!brad

seifert@ihuxl.UUCP (D.A. Seifert) (03/05/84)

   >No I wasn't changing lanes (2 lane street). Or doing anything 
   >unusual at all.  Just cruising along. Same speed as the cars in
D  >front and back of me.  Pig pulls in behind me and turns lights
a  >on. I pull over. The car in front of me also pulls over (!?).
v  >Pig walks up and tells driver of other car he can go, then gives
e  >me ticket.
   >       . . .
   >He wasn't just picking out the obvious high performance cars to
   >ticket, the car in front of me happened to be a yellow Corvette.
   >(Verses a mild-mannered looking dark sedan)  He must have had
   >an axe to grind against foreign cars.
   >       . . .
  
   You say the car in front of you pulled over?  How close were you to 
B  his rear bumper?  Were you one of the people advocating tailgating 
r  if a left-lane hog didn't move over?  I don't like left-lane hogs
a  either, but thats another subject.
d   
   I find it rather hard to believe that out of all the cars on the road,
   including the Corvette, the cop would pick non-descript little you 
   to pick on without some reason.
  
    				Brad Spear
    				sdcrdcf!brad
	
No I was *not* "one of those people" advocating tailgating left-lane
hogs.  And if you would *read* the stuff you're quoting, it
WAS A TWO LANE ROAD. There was no left lane to be hogged.  And
NO, I wasn't tailgating him at all.  Or making noise, or weaving around,
OR ANYTHING!  And no, there aren't any bumper stickers, political,
cute, or otherwise, on my car. And I didn't signal anything, to anyone.
Anymore questions, Mr. Prosecutor?

Yes, I find it rather hard to believe also.  That's what scares me.
What do you call a country where the police/military go around
harrassing people who haven't done anything wrong?  I call it
a police state.  It hasn't happened to you?  Lucky you!

	[enter using his own tricks against him mode]
	
Were you "one of those people" who said the women who get raped
"had it coming to them" ????  That perhaps they did something
'wrong', like walking down the street, or even sitting in
their house/apt without a bodyguard?

	[Wrap up with an axiom everyone will agree with]

Whatever happened to "innocent until proven quilty" ????

Good day.
-- 
		_____
	       /_____\	    Have you hugged your beagle today?
	      /_______\			Snoopy
		|___|	
	    ____|___|_____	    ihnp4!ihuxl!seifert

an@hou2h.UUCP (A.NGUYEN) (03/18/84)

--
It is MUCH easier for a policeman to write a ticket than it is for
the hapless motorist to go to court to defend himself, and the
police seem to be EXTREMELY well aware of that.  They KNOW that the
typical motorist will just curse a lot and send in his money, EVEN
if he has a chance at a good day in court.  Why?  Because the poor
bastard ain't got the time, knowledge, or money to make a court
appearance!  How many of you would take a day off, at say $100 a
day, to go to court and fight an $40 ticket?  How many traffic
violation cases actually go to court?  Damned few, I'm sure!

	Au "I hate Instant_Balanced_Budgets" Nguyen

mat@hou5d.UUCP (03/20/84)

>	It is MUCH easier for a policeman to write a ticket than it is for
>	the hapless motorist to go to court to defend himself, and the
>	police seem to be EXTREMELY well aware of that.  They KNOW that the
>	typical motorist will just curse a lot and send in his money, EVEN
>	if he has a chance at a good day in court.  Why?  Because the poor
>	bastard ain't got the time, knowledge, or money to make a court
>	appearance!  How many of you would take a day off, at say $100 a
>	day, to go to court and fight an $40 ticket?  How many traffic
>	violation cases actually go to court?  Damned few, I'm sure!

A story here: everyone knows that New York City is murder on the person who
does not move his car in time.  The car can be towed, damaging the car,
to the pound where you must pay upwards of $100 to get it out.  The pound is
in one of the worst traffic bottlenecks in the city, and ...

Of course, they never tow the bastid who is double parked and causing a jam,
but every day, at every alternate-side-of-the-street-parking time switch,
about twenty seconds after the last tick of the clock, hoards of brown-suited
traffic control officers pour forth to ticket and tow cars.  If you got a phone
call, if you were in bed with someone, if you had a sudden attack of diarrhea,
it doesn't matter.  Tow We Must, For a Better New York.

Well, I knew a fellow whose car was ticketed (but not towed) by a cop who used
the clock visible in the window of a bank.  He was ticketed at one minute after
the hour.  The bank clock was two minutes ahead, and the fellow took a letter
(statement, affidavit?) from the branch manager to night court to fight the
ticket.  And he won.  Since it was night court, he didn't have to take time
out from work, either!

					Mark Terribile
					hou5d!mat

jrr@ganehd.UUCP (Randy Romines) (03/27/84)

I was stopped once when the speedometer said I was going 55.
My wife would confirm it, because she looked at it just before
he hit his lights.  It turned out that my speedometer was off
by 17 mph ( I had it checked ) when it said 55.  I believe it
was because of the tires that I had on it and it was old,
12 years with 150K+ miles.

					Randy Romines
					...!akgua!ganehd!jrr