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Speeding Ticket Defense vs. pacing
A common defense against pacing I found is to challenge
patrol car's speedometer's calibration. What kind of inaccuracy are we talking about here (i.e. in maybe 1-2mph, or up to 10mph)? And what is the relationship between tire pressure, wear and tear vs. the speedometer's calibration? Where can I learn more about it? Thanks, Raymond |
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> wrote in message ups.com... >A common defense against pacing I found is to challenge > patrol car's speedometer's calibration. > > What kind of inaccuracy are we talking about here (i.e. in > maybe 1-2mph, or up to 10mph)? And what is the relationship > between tire pressure, wear and tear vs. the speedometer's > calibration? Where can I learn more about it? Let's look at the whole picture here first. Were you actually speeding and does the citation accurately reflect what you were honestly doing? If it does then it's going to be hard to beat the ticket on a "technicality" because to the judge it may look like you're putting on a dog and pony show just to try and beat a ticket. If you were not doing what the citation shows then you can try and use some of those angles to persuade the judge that the cop made a mistake and just be honest. But, if the cop has a good offense then you'll appear to be grasping for straws... -- --- jaybird --- I am not the cause of your problems. My actions are the result of your actions. Your life is not my fault. |
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> wrote in message ups.com... >A common defense against pacing I found is to challenge > patrol car's speedometer's calibration. > > What kind of inaccuracy are we talking about here (i.e. in > maybe 1-2mph, or up to 10mph)? And what is the relationship > between tire pressure, wear and tear vs. the speedometer's > calibration? Where can I learn more about it? Let's look at the whole picture here first. Were you actually speeding and does the citation accurately reflect what you were honestly doing? If it does then it's going to be hard to beat the ticket on a "technicality" because to the judge it may look like you're putting on a dog and pony show just to try and beat a ticket. If you were not doing what the citation shows then you can try and use some of those angles to persuade the judge that the cop made a mistake and just be honest. But, if the cop has a good offense then you'll appear to be grasping for straws... -- --- jaybird --- I am not the cause of your problems. My actions are the result of your actions. Your life is not my fault. |
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On 1/7/2005 1:11 PM, jaybird wrote:
> > wrote in message > ups.com... > >>A common defense against pacing I found is to challenge >>patrol car's speedometer's calibration. >> > > Let's look at the whole picture here first. Were you actually speeding and > does the citation accurately reflect what you were honestly doing? What does that matter? -- ~/Garth |"I believe that it is better to tell the truth than a lie. Almgren | I believe it is better to be free than to be a slave. ******* | And I believe it is better to know than to be ignorant." for secure mail info) --H.L. Mencken (1880-1956) |
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On 1/7/2005 1:11 PM, jaybird wrote:
> > wrote in message > ups.com... > >>A common defense against pacing I found is to challenge >>patrol car's speedometer's calibration. >> > > Let's look at the whole picture here first. Were you actually speeding and > does the citation accurately reflect what you were honestly doing? What does that matter? -- ~/Garth |"I believe that it is better to tell the truth than a lie. Almgren | I believe it is better to be free than to be a slave. ******* | And I believe it is better to know than to be ignorant." for secure mail info) --H.L. Mencken (1880-1956) |
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a écrit :
> A common defense against pacing I found is to challenge > patrol car's speedometer's calibration. > > What kind of inaccuracy are we talking about here (i.e. in > maybe 1-2mph, or up to 10mph)? And what is the relationship > between tire pressure, wear and tear vs. the speedometer's > calibration? Where can I learn more about it? > > Thanks, > Raymond > Most patrol cars have properly calibrated speedometers. Most imported cars to the USA have very poorly calibrated ones, or rather, very expertly calibrated speedometers that are then adjusted to read unneccessarily high. My car's speedo has a bad hairspring, and reads WAY off all the time (at a corrected speed of 140km/h, the speedo registers 105 MPH / 165km/h!) However cars like new BMW's for example, are known to read as high as 15% more! If you drive a German-brand car you can normally expect anywhere from a 5 to 15mph discrepancy on the highway. However my old ex-police Crown Victoria had a laser-tight speedo, and it read correct always. Like perfect to the km/h. It was a special police-speedo also, it read to 220km/h instead of 140 on the civilian. But, after my first tire change, I went from 225/70-15 to 225/75-15, so the speedo actually read very low, ie at 140km/h indication I would be going more like 150! Very cool... It was odd for a while to be keeping up with traffic in one car at indicated 105 to 110km/h and then drive the same conditions at and indicated 130km/h! -- ---------------------- http://www.saab-900.tk The Saab Tech Resource ---------------------- |
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While that may indeed be the whole picture, the judge will not look at
a picture that is quite that whole. Traffic court judges aren't going to look behind the law for its intent or the posted speed for its reasonableness any more than they look behind your driving for your motives. Uncontroverted testimony that you were driving faster than the established speed limit, no matter how or why that speed limit was established, will get you convicted. (While there is the "illegal evidence" law governing radar speed traps in California, that will do you no good if you were paced.) A traffic court judge might buy "the officer's speedometer was last calibrated June 30, 2003, which is less recent than the annual calibration required by Section such-and-so." If you have a very good argument to the effect that there were extraordinary circumstances that made it necessary to drive faster than a prima facie speed limit to prevent an accident, he might even buy that. But if you waste his time with "the 85th percentile speed on this highway is 60, so the posted speed limit of 45 is clearly unreasonable", and there's no statute allowing you to challenge a speed limit that way, you will lose quickly and painfully. -- Chris Green |
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