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Old 08-02-2006, 06:35 AM   #8 (permalink)
Lucky225
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Default Speeding Ticket -- Arkansas

Well I won't post the entire transcript, but here's the jist of yesterday's court case (august 1st). I was found guilty in err, and I can't apeal because I'm moving, which the judge had prior knowledge of which I believed crippled my case. That and the fact I had no sleep again, and was totally unprepared. The prosecution didn't fulfill their discovery request, but instead showed me the documents during a 20 minute rescess, which the judge found 'satisfactory' even though I didn't have time to prepare a defense or verify authenticity of such documents. The cop that pulled me over was not only certified, but a radar instructer.
Upon Cross-Examination I asked if the unit was properly functioning on the day of my arrest and if he had any proof to that. He submitted the Tuning fork daily log. I asked how he identified this as the same document associated with his particular unit, he said he matched the serial numbers, so I aksed what the serial numbers were, which he couldn't answer. I asked if he had placed a mark on it to identify it as the same log sheet he matched the serial numbers up with, he said no. I motioned for dismissal, the judge overruled it claiming his testimony that he matched the serial numbers was proper identification. The prosecution offered the radar unit into evidence as well. I asked if he had calibrated the radar unit and did a run through test immediately before and after my arrest. He testified he did not, and that the tuning fork log was evidence it was calibrated on the day of my arrest. I offered case law showing that this was required, the judge didn't seem to care. He testified there were other vehicles, but they were 1-2 miles away in either direction. I asked if he knew that larger vehicles, though further away, may create a stronger signal than a smaller vehicle closer to him, he testified yes. I asked about harmonic frequencies and if he realized that cb radios can interfere, he testified they could. I put my witness on the stand who testified she glances at my speedometer occasionally and I was going 55miles per hour, and I was not in anyway driving at a speed unreasonable or unsafe. (forgot to ask her about cross traffic, and forgot to request the prosecution play video of the stop which showed heavy traffic, and I even think it said medium traffic on the damn ticket, god I need sleep before I go to these things) Anyways, hanging judge found me guilty. It was entertaining, and I'm getting a new license in another state, and I'll update my insurance company before this ticket hits w/ the new number, so no big deal. But the moral of this story is, if you're gonna fight you better run every possibility through your head and have a well prepared defense. It's not impossible to win, I've won several cases, just a combination of nervousness, no sleep, and unpreparedness that was the thorn in my side today.
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