radar got the wrong car

I'm from MA and was driving through CT to meet some friends. I was on the highway (left lane) and was being tailgated by a car. My cruise control was set for 77 in a 65 zone, so the car behind was getting antsy. He eventually passed me (quite fast) and about a minute later, a state trooper pulls me over from the median. He said he got me with "car specific" laser going 92. He wrote the speeding ticket for 85+ "or he would have to take me down to the station." I have a valentine radar detector and it didn't go off at all.

I'm assuming he lasered the car behind me when he passed me, and decided to pull me over because I was out of state, and would likely not contest the charge. I suppose my question is twofold:

1) is there a record of cruise control settings (2003 Trailblazer) in the car I could prove I wasn't going 92? I went to a local dealership and said my car didn't have that available.

2) How can I prove that I wasn't going 92? My girlfriend was in the car with me and can write a note to collaborate my story. Is there anything else?

Thanks,
Leon

oooohhhh...that's a harD one to contest....what did he mean by car specific" laser

I assume he meant that since it's a laser, he can determine which car is tested. I countered that he got the wrong car and said he knows he got my car, despite no reaction from the radar detector. Also, I wasn't going close to 92, so I know he got the wrong car

well i'd contest it anyways...tell the judge the events that led to you getting pulled and hope for the best...might want to have a lawyer also...alco check to see if you can use a Prayer for Judgement in CT...i know we do it in NC

A few things here

a) cops have some discretion, but not that kind of discretion. They aren't allowed to clock you at 92 and then write you a ticket for 85. They do this for a few reasons. First off, because many people feel liek they were already cut a break and are therefore less likely to fight it. Secondly, he may not have gotten you at all and just guestimated. You said your V1 never went off, so chances are he never even did lasered you. Now if you can get him to admit in court any other speed than the one that is written on the ticket, you can look at hte judge, point out the discrepancy between what you are being charged for (on the ticket) and what the officer is testifying you were doing. Don't admit to speeding, just "move for a dismissal as this raises a reasonable doubt" as to if you were in fact doing 85 or 92, or 140 for that matter. The judge knows the deal, he knows either hte cop didnt get your exact speed or he cut you a break on the road...either way the judge should toss it.

Also, being that this is hte case, if you fight it, the cop may realize he has a weak case adn just not show up, or he or the prosecutor may cut you a plea bargain before hte case. Decide what you are willing to settle for, whether it is simply a reduction of speed, or a reduction of points, or no points, or only a complete dismissal.

Now you can't rely on the cop admitting that. So you have to focus on casting doubt on hte laser. When I am in situations such as this, where I'm pretty sure hte cop didn't actually get my speed and is guestimating, I ask to see the radar or laser. They aren't required to show it to you, but you can later say that you requested to see the evidence against you, and weren't permitted by the officer. If he does let you, see if it still says your speed, ask the cop if it was recorded, write down the exact manufacture, make, model number, serial number, etc. (sometimes later in court, the cop wont bring in the exact tuning records, repair records, or manual for that exact radar/laser gun. You can then ask for a dismissal based on that.

The fact that it is laser reduces the chances that another car was clocked, as the beams are much narrower over distance, than radar.

I'll toss up some info, but what I really suggest is a book called "Beat your ticket:go to court & win, by David Brown. I just got it for Christmas, used it in my last speeding ticket. Alot of really good stuff. It gave me ALOT of good info and confidence.

First off, if you can get back to the scene of hte stop, try and make a map or take some pictures. Especially if, from where the cop would be firing the laser, it crosses multiple lanes/opposing traffic.

Second, cops write alot of tickets. When they get into court, many times they will just start reading from their notes. If this is obvious, object that the witness is reading from their notes, which is hearsay and should be excluded from the trial. This may or may not work, if hte judge does allow it, politely ask if you may look at the officers notes, read over them and see what he will remember and what he isn't clear on.

Third, cross examine. Set everything up, ask them questions about where they were positioned, was their engine running or off, when did htey first see you, how did they record your supposed speed, could htey describe any other traffic, the weather, etc. The less they remember the better...but don't get ridiculous. Play off the cops answers, you have to read the situation and see where you have chances. If there was more traffic, if the weather was bad, etc. Ask specific questions about hills, medians, distances, obstructions, curvatures in hte road (the stuff not in the cops notes) the less he remembers the better, which you can use in your final statement. If he doesn't remember all of this, it casts doubt on the accuracy of his testimony.

Fourth, the book I mentioned above literally has a basic script as to what to say to attack the accuracy of radar, laser, etc. For laser its like 15 questions. I don't want to plagerize hte whole book on here. Frankly I think the author deserves the profit for putting together a good book. Secondly, we paid for it. :biggrin: Basically you ask the officer to explain how radar works, then a few specifics on how it works. They usually don't know. You then bring up the fact that it has to be aimed at the same part of a vehicle the entire time for all the beams, and this is obviously difficult on a moving vehicle, and the inaccuracy this can cause. How distance, changes in elevation, adn other traffic may have skewed hte measurement. Has he read the manual, doesn't it mention this type of possible error, etc.

Just realize these aren't perfect adn you just have to exploit this possible error and make it look like a plausible error in court. Once you have done that, you have provided reasonable doubt and get the case dismissed.

If all of this seems a bit much for you to do personally, perhaps a lawyer would be a good idea.

well good luck on this. i got a ticket for a similar situation.
i was the one passing someone going 50 in a 55.
i got about a 1/2 mile ahead then slowed back to 60 when the prick decided to catch up to me.
he was speeding up to catch me when a cop came the other way.

i got the ticket.

my lawyer was useless and refused to argue my story.
i was only 18 so i figured i'd just listen to him.
turns out i paid him $900 to give the judge my record and a proof of taking a driving class.

make sure your lawyer thinks you have a case before you pay him.


edit:
oops sorry.
old thread.

well it might help someone, so i'll leave it.