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is this even legal

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snooch

Guest
What is the name of your state?OHIO
ok i was supposedly clocked doing 42 in a 25 today but heres my problems
1)my speedometer said iwas doing about 28
2)he was with another car he had pulled over ran into the street and told me to pull over
3)he was never in his car until he had my license registration and insurance
4)i ASKED to see where he clocked me going 42 and locked in on me
and he said he didnt lock it on me
5)he never explained to me how he can clock me while talking to another pulled over car and not be near his radar gun
6)i saw him do the same thing to a car as i was pulled over and said he was doing the same speed i was

is any of this even legal i plan on fighting the ticket but is there any more and i also have 3 friends of mine who were in my car at the time of the incident and heard him say he didnt lock his radar on me....just wondering what i can do because it seems to me as though he was trying to meet a quota
 


CdwJava

Senior Member
snooch said:
1)my speedometer said iwas doing about 28
Bring that up in court. But, unless you were looking at it at the moment he clocked or estimated your speed, it may not be relevant. Also, when was the last time your speedometer was calibrated? Most of us do not have our personal vehicles EVER calibrated.


2)he was with another car he had pulled over ran into the street and told me to pull over
Legal ... maybe not the greatest method of making a stop, but lawful.


3)he was never in his car until he had my license registration and insurance
Okay ... I assume this is to say that you believe he did not have a radar reading on you? Although, it IS legal to make a visual estimation of speed - and if he has radar certification he likely has been certified in visual estimation as well. How much water this holds in court is up to the judge.


4)i ASKED to see where he clocked me going 42 and locked in on me
and he said he didnt lock it on me
Okay. Still doesn't make it unlawful - just makes it harder for him to 'prove' in court.


5)he never explained to me how he can clock me while talking to another pulled over car and not be near his radar gun
He doiesn't have to explain it to you, though if he claims a radar hit he'll have to explain it to a judge.


6)i saw him do the same thing to a car as i was pulled over and said he was doing the same speed i was
Either he's saying "42" but it sounds good, or, that was an honest estimate of speed. I estimate rounded off to the nearest '5' ... but then, I don't have the same radar training for +/- 2 MPH (which is common) so I wouldn't make that estimate ... I would have estimated 40.


just wondering what i can do because it seems to me as though he was trying to meet a quota
You can bring all this up before a judge ... and bring your friends in as well. It may work.

Though I doubt the quota argument will fly. And unless you can reasonably PROVE that allegation, I would stay away from it as it will likely only alienate the judge. The other arguments are stronger and present some reasonable doubt. Saying it was a quota will likely only demean your case.

- Carl
 
CdwJava responds to snooch:

Quote:
Originally Posted by snooch
"1)my speedometer said iwas doing about 28"

Bring that up in court. But, unless you were looking at it at the moment he clocked or estimated your speed, it may not be relevant.

I agree, except that I would use the phrase, “an indicated 28 mph.” This is still probably coals to Newcastle.

Quote:
"2)he was with another car he had pulled over ran into the street and told me to pull over "

Legal ... maybe not the greatest method of making a stop, but lawful.

Agreed. You can use it to your advantage during cross examination..

Quote:
"3)he was never in his car until he had my license registration and insurance "

Okay ... I assume this is to say that you believe he did not have a radar reading on you? Although, it IS legal to make a visual estimation of speed - and if he has radar certification he likely has been certified in visual estimation as well. How much water this holds in court is up to the judge.

Quote:
"4)i ASKED to see where he clocked me going 42 and locked in on me
and he said he didnt lock it on me "

Okay. Still doesn't make it unlawful - just makes it harder for him to 'prove' in court.

Agreed. It doesn’t make it illegal. The harsh truth is that a cop can “estimate” your speed, testify to that speed in court and you have to prove it wrong. He could say that you were speeding backwards the wrong way on a one-way street and, guess what? You did it!

Traffic courts are not about truth or justice; they’re not even about traffic safety. They are about money. PERIOD. They are set up to process as many cases as possible in the shortest amount of time with the least amount of interference. That’s one reason so many of the courts offer high-fine, non-moving, non-reportable offenses to replace lower-fine, reportable violations: they don’t care about the “safety” of the highways but they sure as hell want their money. And in several states, such as Oklahoma, they keep all of that money while speeding fines must be shared with the state. NY just changed this and then changed it back.

Quote:
"5)he never explained to me how he can clock me while talking to another pulled over car and not be near his radar gun "


He doiesn't have to explain it to you, though if he claims a radar hit he'll have to explain it to a judge.

Agreed. However, he’ll probably just claim visual estimation. And he’ll no doubt claim to be an expert in that.

Quote:
"6)i saw him do the same thing to a car as i was pulled over and said he was doing the same speed i was "

Either he's saying "42" but it sounds good, or, that was an honest estimate of speed. I estimate rounded off to the nearest '5' ... but then, I don't have the same radar training for +/- 2 MPH (which is common) so I wouldn't make that estimate ... I would have estimated 40.

Your attorney can use this to your advantage. Many of the Florida State Patrol claimed to be “expert” speed estimators. However, when they were tested by an independent firm, had no control over the type, color, direction or speed of the target vehicle, had no access to any electronic or mechanical timing device, and were isolated from their peers, in short just like the real world, they failed miserably, unable to estimate a vehicle’s speed to any closer than +/- 5 mph on more than 5 of ten tries. “Low” vehicles and sports cars really seemed to give them great difficulties.

Quote:
"just wondering what i can do because it seems to me as though he was trying to meet a quota "

You can bring all this up before a judge ... and bring your friends in as well. It may work.

“Quota” is not a valid defense. It may, in fact, be true but even if it’s true, it doesn’t matter to your case. You are looking to show that the cop made an error in estimating your speed. Your friends are now witnesses. Here’s a tip. Have your friends go into court separate from you, sit away from you, and listen to the testimony and cross examination of the officer. If the state doesn’t ask to put them under the rule (remove them from the courtroom before their testimony), they can’t complain later. Since not all of the states require you to disclose your witness list, don’t offer it until they demand it. Your attorney will guide you here. Your attorney will also guide you through discovery where you will ask for the 20-50 citations either side of yours. Here you would be looking for a pattern of estimating 42 mph.

Why go to all this trouble? Three reasons. One, the ticket to fight is the first one rather than the last one, the one that would cause you to lose your license. Two, since traffic court and traffic enforcement is all about money and little else, you want to cost the system as much as you can, draining the profit out of the equation. If all drivers contested all citations, the system would collapse in about 20 minutes. They count on people just mailing in the money. In Ohio, speed control is a bigger industry than the remaining steel mills. Three, it is a valuable experience in the reality of civic affairs, eye-opening, enlightening and fodder for many a term paper. There is no greater education than seeing the real world.
 

CdwJava

Senior Member
Traffic courts are not about truth or justice; they’re not even about traffic safety. They are about money. PERIOD.

and

Two, since traffic court and traffic enforcement is all about money and little else, you want to cost the system as much as you can, draining the profit out of the equation.

It would certainly be nice if you could make at least one otherwise good response without adding this monotonous mantra that traffic enforcement has nothing to do with safety and only about money.

Maybe in your neck of the woods they are all about the money, but that does not make it so everywhere else.

If I wanted to make money to fatten my city's coffers, we'd be hiring meter maids and parking enforcement operators - forget movers, there ain't no money in that.

- Carl
 
S

snooch

Guest
OK i dont know if this makes any improvement on to my case but i was re reading over my ticket and theres a section declaring how you were clocked and he checked radar and i know he couldnt have used his radar because he wasnt in his car and in gahanna all the radars are mounted on the car.

also from where he was to clock me at 42 at top of a hill and for me to be at a complete stop in less then 500 feet and not burn rubber is that even possible..? and he couldnt have clocked me through the hill so i know thats the farthest point to where he couldve clocked me
 

CdwJava

Senior Member
Now, it IS possible that the radar was on auto and he looked inside to see what it had just "hit" on ... but not knowing his alignment or the radar he had, I couldn't say. It certainly makes the likelihood of his getting a valid hit on you with a radar less likely.

And yes, you could stop in less than 500' at 42 MPH without 'burning rubber' - the stopping distance should be roughly 369'.

- Carl
 
S

snooch

Guest
i guess thats possible but being a cop supervisor how long would you realistically think it would take for him to go from a car 10 feet away or so to his car get his reading run out and stop me and then me have enough time to stop?
 

CdwJava

Senior Member
snooch said:
i guess thats possible but being a cop supervisor how long would you realistically think it would take for him to go from a car 10 feet away or so to his car get his reading run out and stop me and then me have enough time to stop?
Probably not. But, I don't know where he was when he may have seen the reading on his dash ... some of them can light up pretty big - I can see ours from outside the car at the trunk.

I doubt that he would be able to adequately establish a valid reading on the radar from what you post. However, he may still claim the visual estimation and how valid that might be depends on your local court.

My guess would be that you have a good chance to win the case. Better if you fork for an attorney.

Where I used to work, visual estimation was an acceptable method of speed calculation. Where I work now, the courts don't even like radar (one judge dismisses if the radar reading was taken on a street without a "radar enforced" sign on it) - much less visual estimation. But, we still enforce speed anyway as it has worked to slow people down in our problem areas. Winning in court is not the first goal ... the concerns and safety of the people that live along our local roadways is.
 
CdwJava writes:

It would certainly be nice if you could make at least one otherwise good response without adding this monotonous mantra that traffic enforcement has nothing to do with safety and only about money.

Maybe in your neck of the woods they are all about the money, but that does not make it so everywhere else.


It is a monotonous mantra but that does not make it untrue. The record is there for anybody to examine. We even have entire jurisdictions admitting that they do it for the money, no longer even trying to camouflage it as “safety”: Nevada State Sheriff’s Assn, Texas DPS through the Assn of State, County and Local Governments, The New Mexico State Police, Washington, DC City Council, and many of the thousands of villages commonly called “speedtraps.” And that doesn’t even start to mention the abuses heaped on the public by the likes of New Rome, OH and Waldo, FL. My “neck of the woods” is the entire nation, especially the western part. My home state of Texas and the states where I have clients (OK, CO, UT, CA) are familiar places and their behavior is as I have outlined.

It is an ugly truth that money is the driving force behind much of the traffic enforcement. I have no doubt that there are dedicated LEOs out there who sincerely believe that they are doing good for traffic safety. However, the evidence does not support that assertion. There is no statistical correlation between speed limits or changes in speed limits and the three key safety rates. NONE. ZERO. And there is no correlation between the level of enforcement and the three key safety rates. NONE. ZERO. Stated more harshly, there is nothing that you do that affects traffic safety on American roads. PERIOD. I know you don’t want to hear that and I know you don’t believe it but it is an unfortunate fact of life.

What I want the people who wish to fight their tickets to know is that the system is a fraud and it is stacked against them. They need to understand the real purpose of the system in order to defend against it. That alone is not a defense they can use but it is an observation of what they are up against and, in this case, forewarned is forearmed.

Cops don’t like to be challenged. They get all defensive and belligerent. Tough cookies. When I see one of them or one of their agencies promoting science-based traffic laws, I applaud them. Washington DOT and Arizona State Patrol are two such examples. All the others have a long ways to go.

If I wanted to make money to fatten my city's coffers, we'd be hiring meter maids and parking enforcement operators - forget movers, there ain't no money in that.

While much of the various agencies’ information is closely guarded (for obvious reasons), the Texas DPS collected over half a billion $ in speeding fines in 2000. That’s one agency in one state. You do the math and then tell us that there’s no money in it.
 

CdwJava

Senior Member
You're right - I do disagree with the assertion that traffic enforcement does not effect traffic safety. I know that it does because I have seen the results.

And I don't know about the TX DPS or their budget - never claimed to ... in CA local agency's funds from traffic fines are a miniscule portion of the budget. Do they help? Sure. But the cost of traffic enforcement is FAR greater than the return to local law enforcement. The only enforcement arm that I have ever seen as self-supporting is parking enforcement, and DUI programs - when performed with a combination of effective grant writing (which is not really a good way of budgeting to begin with) and cost recovery porograms.

- Carl
 
CdwJava writes:


You're right - I do disagree with the assertion that traffic enforcement does not effect traffic safety. I know that it does because I have seen the results.


Then you need to point those out to me and to NHTSA, the USDOT and to the various engineering schools around the country because none of us have ever seen empirical evidence to support that assertion. Sorry, Carl, it just isn’t true. People also believe in ghosts and tarot cards. That doesn’t make it true

And I don't know about the TX DPS or their budget - never claimed to ... in CA local agency's funds from traffic fines are a miniscule portion of the budget. Do they help? Sure. But the cost of traffic enforcement is FAR greater than the return to local law enforcement.

Stringtown, OK had a budget (2002) that called for $300,000 in traffic fines and about $25,000 for everything else, including grants and their share of sales tax from a small store. There are no red lights or stop signs; indeed, there aren’t even any real paved streets except for 10 miles of US 69 that they have annexed. So, all of their fines are speeding fines. They had 8 cops at $15K to 25K. They don’t even investigate “crimes,” leaving that for the Atoka County Sheriff. They only reason they exist is to collect those fines. The State of Oklahoma has put a muzzle on them and raised the speed limit through there because they were abusing the law and the public that happened to go through there. There are perhaps a dozen such towns in just Oklahoma that have been restricted because their speed enforcement was overzealous. There are thousands of Stringtowns across America where the collections from fines far exceeds the costs of obtaining it.

Point of clarification. Texas DPS does not keep the fine money. It goes to the county or the judicial district in which the cite is issued. The citizens of Texas, including me, pay taxes for the DPS and then have to pay the fines that support lots of chicken$hit little towns and high school dropout judges. Is there any wonder why the judicial districts are so aggressive in their collection of fines and why they actively lobby to keep limits underposted? The screamed when the TX legislature raised the limit to 75 mph in parts of west Texas. What did they scream? Safety? A little for sure. Mostly it was just that they could not afford to lose the fines from speeding cites. So, forgive me when I look at the traffic control system with a jaundiced eye.

Speed control is a dirty business. Shame on those who support the status quo.
 

CdwJava

Senior Member
And shame on those who seek the Indy 500 on our public streets.

And I don't believe in "ghosts and tarot cards", I do believe in accident reports and fatality reports. And I believe that cars do not need to be speeding down residential streets at breakneck speeds ... apparently you do. And if not, what is your alternative since you do not seem to agree with enforcing the laws regarding speed. If no enforcement, then what?

Since you feel that traffic enforcement is so worthless, pray tell what SHOULD be done to keep our streets from becoming killing zones?

And as far as the money ... (sigh) ... Okay let me be absolutely clear for the umpteenth time - I have no clue what other states do with the money they collect from speeding or traffic enforcement. In California, local government does not receive enough money from traffic fines to pay for the cost of the enforcement ... nowhere even close! It costs my city more for me to write and process the ticket then we will ever see from any fine it might generate. So out here it is not about the money - at least on a local level.

- Carl
 
This is kind of an interesting conversation/argument :D

I too believe cops, most if not all, are over empowered and the "justice" system in this regard is stacked against the ACCUSED!

Lemme share one experiene I had with North Dakota's finest. I was driving home from work late at nite (1130 pm) and I had a headlight out. A state trooper passed me then stopped to let me pass so he could pull me over. The road we were on was extremely narrow with no shoulders, an older paved road. For the sake of safety I pulled off to the LEFT into side road that lead into a small residential area, I EVEN SLOWED AND SIGNALED!

The officer approached my car with his gun drawn and order my hands on the weel. I complied. Long story short, after I explained VERY POLITELY, why I pulled off the main road, he proceeded to NOT thank me for thinking of his safety but brow beat me on how HE would decide what is safe and then wrote me a ticket for failing to yield to an emergency vehicle.

My take on law moving violations is simple, there should be no monetary fine IF you want to make the roads safer. Your license should have points and for any violation certain points are deducted, more points for more serious offenses. If you run out of points your licenses is suspended for X amount of time. If you drive with a suspended license you GO TO JAIL, no questions asked.

Little piddly fines that are more of a nuissance than a deterance are not the answer, you have to make the HABIT of breaking the rules and the resulting consequences so undesirable that only those who have absolutely no regard for others safety will continually break those rules.

Cops have too much power to eyeball your speed, make judgements on what they can stop you for, search your car, etc. You are innocent until proven guilty IN COURT, not on the side of the rode by someone with too much power, too little self esteem and a big ego.

I don't mean to offend anyone by those last statements but seriously look at most cops and the way the treat someone, my case in particular, he automatically assumed I was trying to run, IN ND FOR GODS SAKE!

I agree there has to be enforcement of laws, but enforce the laws don't make the punishment for breaking these laws revenue, heck the money from these fines should be going to victims families of drunk drivers and such.

My .02 (thats cents not BAL)

D8D
 
CdwJava writes:

And I don't believe in "ghosts and tarot cards", I do believe in accident reports and fatality reports.

As do I. They are the basis for much of the statistical database about our traffic safety system, stuff such as GES and FARS. In other words, my stats come from you and your brethren.

And I believe that cars do not need to be speeding down residential streets at breakneck speeds ... apparently you do.

Not at all and I’ve never suggested otherwise. Speeds must always be appropriate for the place and time.

And if not, what is your alternative since you do not seem to agree with enforcing the laws regarding speed. If no enforcement, then what?

Speed must be set scientifically. PERIOD. If the engineers say a particular road should be posted at 50 mph then it gets posted at 50 mph, not the 30-35 mph that politicians will use. If the 85th percentile for an urban street – an arterial, not a collector or even a feeder – is 48 mph, that road is posted at 55 mph, rounded up to the next 5 mph increment and with a 5 mph enforcement tolerance, just like the engineers say right now. If a 95th percentile road – rural highways and interstate-grade roadways – is measured at 88 mph, the road is posted at 95 mph, rounded up to the next 5 mph increment and with a 5 mph enforcement tolerance.

These speeds already exist and the safety performance is already the best in automotive history. The ONLY thing lagging behind is the law itself and that is for political and economic reasons not safety. By creating reasonable speed limits, LEOs can concentrate on identifying and isolating bad driving and dangerous drivers. Who is more dangerous, the guy running 90 mph in the Bimmer across Wyoming or the sleep-deprived guy running 55 mph in his truck? Who is more dangerous, the guy running the 85th percentile but 12 mph over the limit or the guy who is suicidal and trying to cover up his suicide as a car crash? Speed too fast for conditions only accounts for about 4-8% of all fatal crashes (NHTSA with additional analysis by Michigan State Univ., Cal State Irvine, Texas Transportation Research Center, and me) but speeding accounts for about 2/3 of all enforcement effort as measured by citations issued. You tell me this is not a waste of resources.

Why is this so? Speeding is easy to spot because it takes place over long periods of time and is susceptible to easy, quick and remote measurement, while impairment – alcohol, chemical, sleep-deprivation, or emotional – does not manifest itself over long periods or in easy to identify behavior. Some of it is not even illegal, despite being far more dangerous than speeding.

Since you feel that traffic enforcement is so worthless, pray tell what SHOULD be done to keep our streets from becoming killing zones?

Excellent question. The obvious start is to use the scientific knowledge that we already possess. Set speed limits rationally as above. Because speed is easy to enforce and the other transgressions such as impeding are difficult, enforcement has concentrated on the easy at the expense of the effective. However, that is why we hire professionals. Concentrate on those dangerous drivers that I outlined supra. Do away with all quotas. Do away with all speed measuring devices, freeing up room in the patrol vehicle and forcing attention to other truly dangerous behavior. The goals of enforcement must be to enhance the flow of traffic through a given point rather than diminish the effectiveness of divided highways, elimination of at-grade intersections, reflective materials, collapsible barriers, etc., as well as to assure that we don’t bump into each other Technology is making us safer and allowing speeds – and therefore efficacy – to rise. Right now, enforcement is just getting in the way of that progress

What happens when speed limits change? Recent in-depth studies indicate that for each 5 mph increment in the limit, the actual driving speeds – the 85th percentile in most cases – rises by 0.5 mph, and this only within an effective range. In other words, if the limit went from 100 mph to 150 mph, we would not expect to see an increase of [(150 – 100) * (0.5/5)] or a 5 mph increment. What happens when limits drop? Essentially nothing. The people do not change their behavior in direct response to a limit change absent changes in any other conditions. What all that means is that drivers already are preventing roadways from becoming “killing zones.”

We should also remove all incentive to cite for profit by taking all traffic fines from whatever jurisdiction generated and sending the money to a public corporation that funds scholarships to our state universities. That way, the economic disincentive to misbehave remains for the driver and the economic incentive to cite is removed for all the New Romes and Waldos of the world. They would simply go out of the traffic control business.

And as far as the money ... (sigh) ... Okay let me be absolutely clear for the umpteenth time - I have no clue what other states do with the money they collect from speeding or traffic enforcement. In California, local government does not receive enough money from traffic fines to pay for the cost of the enforcement ... nowhere even close! It costs my city more for me to write and process the ticket then we will ever see from any fine it might generate. So out here it is not about the money - at least on a local level.

I agree to a large extent. LAPD does not expend great energy or resources on traffic patrol and DOES concentrate on keeping traffic moving. The Chippies are not psycho-sexually obsessed with speed control, again concentrating on keeping the traffic flowing. This is as it should be. The rest of the nation does not learn from the California example, however. Ohio, Virginia, Pennsylvania, New York, and Florida are psychotic about it, as are multiple thousands of little villages and counties. And, remember, their ticket costs as much and carries the same legal weight as does yours. Somebody, somewhere is getting the benefit of all that cash changing hands from drivers to municipalities. We’re talking about an estimated $100 + billion a year, probably even as much as $200 billion. Not to mention the billions in insurance surcharges. Why do you think GEICO et al give away radar units? The economics of a single radar unit would astound you. We simply don’t know the stats because the jurisdictions go to great lengths to cover them up or obscure them within transfers to sub jurisdictions, such as with Texas DPS. The profit effect cannot be minimized.
 

CdwJava

Senior Member
You seem to be focused on major throughfares and freeways - I do not work on them and never have. However, your logic would seem to indicate that the usual 25 MPH limit in place along most residential neighborhoods (and on all but THREE roads in my city) would seem to be too low.

Additionally, while you may be right that speed - by itself - is not responsible for a large percentage of collisions, it is and will continue to be a part. And the reason we get more speed cites than other ones on the highways and byways is because speed is easier to gauge then the guy who goes zipping in and out of traffic but ceeases when he sees a cop up the road ... and then when the cop is gone, he continues.

It's the same sort of reason we catch street-level drug dealers in far greater numbers than the sellers and purveyors of the street drugs in largew quantities - they are easier to find because they present themeslves to us.

Plus, far too many of these street racers also tend to be the guys that DO drive like maniacs when the police are not visible. The science of mathematics does not take into account the sociology of the drivers - particularly the youthful ones.

Around here the same kids we see ON duty driving at high speeds on the county roads and in town are the ones who are driving like idiots when I am off duty. Unfortunately for them, I know them, and they tend to get cited later on.

Personally, 25 MPH is often too high for most the city streets in my town. With roughly 1/4 of the local population between the ages of 6 and 18 (school age), it makes for a pretty target-rich environment when cars go whipping down our city streets ... and even 25 MPH requires about a half a block to stop.

EDIT: Oh ... and you still did not answer the question: How SHOULD we conduct traffic enforcement? If not with fines, then you recommend we give them a couple of points on their license ... an intangible with no immediate - or likely future - effect? And if we don't do enforcement, what do we do? Have a phone in program where you call in your neighbor when he drives like an idiot?

Fortunately, I doubt I will ever see such reforms in my lifetime ... maybe higher speeds on the freeways - maybe, but certainly (and hopefully) not higher speeds on the already crowded city streets.

And without enforcement, God help the victims!

- Carl
 
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