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Old 11-12-2007, 08:39 PM   #4 (permalink)
Nighthawk243
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Generally unmarked roads are considered in most jurisdictions to be assumed as no-passing. I personally never pass unless the road is marked as being a legal passing zone (Dashed lines), or if there is a vehicle that is not able to move very fast (A horse carriage... common in Pennsylvania, or a Bicycle.) Also, you are allowed to pass pedrestrians, but passing a car moving at normal speed on an unmarked road, or a double yellow, or a road marked "No Passing Zone" is a definate no.


Anyways, as far as getting out of a speeding ticket, the first thing is to of course, not pay it and indicate that you wish to fight it in court. Paying it is considered an admission of guilt.

The next thing you have to do is prepare yourself for a hell of a fight. Although there are a number of times that an officer won't show up, or does and isn't prepared, you do have to take into account that some actually do show up and are prepared. Generally assume that you will have to fight tooth nail and claw to win. The best advice is to go and look for discrepancies in the ticket. Also, you need to take pictures of where you were caught at, and also take pictures in the prospective of the officer's location. Take notice of signs, markings...etc. Also, don't talk to anyone from the DA' or Prosecutor or Police Department before the trial. You don't want them to know how prepared you are.

When you get there, start going over the evidence, and cross examine the officer and try to get him into a discrepancy on his story. Ask your questions like a lawyer, giving the officer only the ability to answer either "Yes" or "No". Do not let him have a question that requires a longer response. "Is it true that the radar unit of the car was possibly blocked by an object?" is a good type of question. It only gives him the ability to answer it yes/no. "How many objects were possibly blocking the radar unit." is an example of a poorly worded question. It gives him the ability to give a longer answer, and possibly try to weasel his way around anything that could possibly contradict him.

Also, read up on your state's statutes. Most states require the unit to be calibrated every so often, as well has requires the officer to be certified, and recertified within certain time frames, and the officer must be able to show proof of this in court. Generally officers rarely bring the records of their guns and certification with them, since many people either come unprepared to fight, or just hope that they can end up getting the citation reduced to a "fine and no points" from the judge as part of a plea-bargain.

By the way, in some states, the judge will try to issue a continuance if an officer fails to show. If he tries to do so, ask for a dismissal on the basis of lack of prosecution and state that you do not waive your right to a speedy trial. It irks the hell out of me how some states can let an officer skip and have no penalty, while you skipping would equal an instantaneous issue of an arrest warrant with your name on it.

Last edited by Nighthawk243; 11-12-2007 at 08:42 PM.
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