How I beat my ticket...
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How I beat my ticket...
Ok, I hear many people talking about getting tickets and wanting to beat them in court. I used a little trickery and got off on a technicality, but it worked for me in Northern Cali so it should work for everyone else...this is how the story goes...
After the officer had given his statement the Judge asked me if I had any questions for the officer. I said yes. I turned to the officer and asked, "Did you calibrate the radar before and after your shift had ended?" The officer, who had stated that he had checked the calibration at said points in his shift during his statement answered "Yes." I turned to the Judge and said, "Your Honor, I have no further questions for the officer. But, I would like to point out that I am almost certain that the officer is not qualified to calibrate radar. According to the CVC (California Vehicle Code) they must be calibrated by an independant agency once every two years and checked for calibration every (whatever time, I don't remember right now). The officer clearly stated that he calibrated it. Since he is not certified for this then the evidence is inadmissible in court."
The Judge agreed that the officer can't calibrate the radar and threw out my ticket because it was the statement he gave under direct examination and he can't change his mind without comminiting purjury and nullifying his statements anyway.
Hope this works for you guys....Can't wait to see what Qckslvr says about it tho...
After the officer had given his statement the Judge asked me if I had any questions for the officer. I said yes. I turned to the officer and asked, "Did you calibrate the radar before and after your shift had ended?" The officer, who had stated that he had checked the calibration at said points in his shift during his statement answered "Yes." I turned to the Judge and said, "Your Honor, I have no further questions for the officer. But, I would like to point out that I am almost certain that the officer is not qualified to calibrate radar. According to the CVC (California Vehicle Code) they must be calibrated by an independant agency once every two years and checked for calibration every (whatever time, I don't remember right now). The officer clearly stated that he calibrated it. Since he is not certified for this then the evidence is inadmissible in court."
The Judge agreed that the officer can't calibrate the radar and threw out my ticket because it was the statement he gave under direct examination and he can't change his mind without comminiting purjury and nullifying his statements anyway.
Hope this works for you guys....Can't wait to see what Qckslvr says about it tho...
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Interesting, thanks. If I ever get caught I'll try that... muahaha
btw: Do you now remember the Calibration time? Every.... .... ?
btw: Do you now remember the Calibration time? Every.... .... ?
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You can not legaly regress on any statement given under direct examination without commiting purjury. In other words, you can't say "No, see, what I meant was..." So, once the cop commits purjury his word will never be worth anything in any court.
Oh, and the calibration thing...I believe it has to be checked for calibration at the beggining and end of the shift as well as after every stop. But I'm not sure. The CVC is available online or you can buy it at any CHP station. I no longer live in Cali and I don't have the link to it anymore. Maybe one of the officers on the site can help you on that one.
Oh, and the calibration thing...I believe it has to be checked for calibration at the beggining and end of the shift as well as after every stop. But I'm not sure. The CVC is available online or you can buy it at any CHP station. I no longer live in Cali and I don't have the link to it anymore. Maybe one of the officers on the site can help you on that one.
I got off by having my mechanic right up a order that I had a malfunctioning blinker I got pulled over not having my blinker on so many feet before I turned by some Lady Cop she looked like a nasty lesbo to me. But I did have a sort of hyper blinker set up going on at the time so I kind of did have a issue in some ways.
Nick
Nick
There's the difference between California courts and New York Courts. That never, ever would have happened in my state--the cop always, always wins. BTW, I am certified to calibrate a speed measurement device and having an independent agency do so isn't required in my state.
Good job though.
Good job though.
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