Did you know that if the ticketing law enforcement officer (LEO) does not appear in court, your ticket could be dismissed? Also, if the evidence he took off the radar or their training certificate is not available, or calibration is out of date, your court could also be dismissed as well. Furthermore, if the LEO brings copies of the calibration report or their radar training that are not properly authenticated, you or your lawyer could file a motion for dismissal because it is considered by most courts as hearsay evidence. A copy of any document is just too easy to tamper with and make unauthorized changes. Most layman and other lawyers wouldn’t even know was an option (traffic law is a beast best put on a leash by a traffic ticket lawyer). When it comes to your motor vehicle driving record (MVR) and a good driver’s discount is best to stay, “Off the Radar.”
The Difference Between Constant-On (CO) and Instant-On (IO) Radar
CO or constant on radar is more easily defeated by drivers that used radar detectors, than IO radar because with IO, a law enforcement officer (LEO) must first detect what they believe to be a speeding vehicle. They then point the radar gun at the vehicle to catch their speed instantly. Either can be used in a “speed trap” but what most people are mistaken about is that just because a LEO is hidden from view or “off the radar” that alone does not make it an illegal operation. It is the LEO job to catch speeders and courts usually go along with any method of radar use.
The IO Radar is easier to use to spot speeders in that it is almost impossible to use a radar detector to detect a radar signal that wasn’t there a second ago and by the time your detector “catches” the radar signal, it is too late. You have already been clocked on radar. Additionally, the IO radar is particularly effective at night when the LEO will spot you before you know they are there.
Using a Measured Distance and a Stopwatch Is Entrapment in CA
What they have a problem with, particularly in CA, is the use of measuring a vehicle’s speed “off the radar” or without using radar, laser or another device where human error could play a role. For a while in CA, LEO was using aircraft to identify a vehicle they thought was speeding and then once it passes through a point on the road, someone would start a stopwatch and then click it again when they pass through another point on the road that was pre-measured. They would then take the elapsed time to determine how fast the vehicle was going.
There are two problems with that type of measuring speed that involve possible human error. One is a possible delay in pushing the button a second time or someone pushing the button too soon causing a skew in how long it took to travel the measured distance, and the second possible human error is in vehicle identification. How many of the same color and model of car are there on California’s highways? Additionally, although a vehicle enthusiast might be able to tell the difference between certain vehicles by studying a picture, very view can spot the right white car with any degree of accuracy simply by sight because of the copy-cat mentality of today’s auto industry. Therefore, accurately picking a white 2016 Audi RS5 and a white 2017 Audi R5 from a distance is nearly impossible for the average person; additionally, many Toyota, Hyundai, and even some Ford and Chevrolet products are built to look like the Audi.
Now, measuring speed off the radar or without radar requires a vehicle identify and estimate the appropriate car’s speed to make it a legal speeding ticket. Even using radar, a LEO must make visual confirmation of the vehicle.
Other Nice to Know Facts About Radar
Most radar devices that are vehicle mounted are omnidirectional, meaning it can detect the speed of cars coming up behind the police cruiser as well as those in front of it. LEO must be trained on radar use and those devices must be calibrated periodically. The LEO must appear at your trial with the original data off the radar and original documentation of their training and radar calibration.
POP radar was designed to defeat radar detectors that scan radar (K, Ka, and the older X band) frequencies by sending out a radar burst that lasts just 16 milliseconds. So, if your detector was on the older X band frequency when a POP radar burst was sent out, you have little or no chance of catching that device trying to catch you. Of course, radar detector manufacturers are coming up with new gadgets rapidly to defeat law enforcement radar equipment, but keep in mind that using laser and radar jamming devices is a Federal offense that carries very large penalties. You definitely want to stay off the radar of Federal officials.
The best method to beat radar and laser speed detection devices is to maintain a speed below the speed limit and when you do get caught speeding, consult a traffic ticket defender.
Hire a Central Valley Traffic Ticket Defender
Call Bigger & Harman, 661-349-9300 to inquire about the specifics of your ticket or email: attorney@markbigger.com.
When you get caught speeding, the only way to stay off the radar is to get that ticket overturned in traffic court. You don’t always need a traffic ticket attorney, but you owe it to yourself and your family to consult a traffic attorney and find out what your options are. It can be very expensive to pay a California traffic ticket and even more inconvenient if you get a driver’s license suspension for too many NOTS points or a traffic court directed 30-day suspension for speeding 100+ mph.
Give Bigger & Harman a call or send them an email to discover how easy it is to fight a ticket, just pay the fee and let them take care of the rest. And, in case you’re wondering, the fine and increased insurance premiums normally balance out versus the attorney’s fee. However, when you hire a lawyer, there is a much greater chance of getting a reduced fine, a non-point violation, which means no hike in your insurance rate, or best case, a dismissal of charges.
“These guys are great! Got my ticket completely dismissed. I was very surprised and happy! Saved my record. I will definitely be calling again if I ever get another ticket! Thanks guys!” – Robert H., Visalia, CA
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