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My sister and I were on our way in to NYC. Going around the curve before the Lincoln Tunnel we saw the top of an SUV's State Trooper's lights. He was "trying" to hide along a retaining wall. My sister commented on the laser gun (hey did you see that gun he was using?) he was pointing at the traffic. Speed limit was 35. I may have been going over the speed limit, but not by much. I'm no Danica, and I drive a large car, so taking that curve at a high speed, ESPECIALLY with my "Nervous Nelly" of a sister is highly improbable.
A car cuts me off at the EZ Pass lane, I proceed through when out of nowhere a cruiser comes flying across 4 lanes of traffic (NOT the aformentioned SUV) lights flashing, (HE could have caused an accident) and gets behind me as I am going into the tunnel. Hollers over his PA system for me to "pull into the parking area" ????? What parking area???? Then I see some cones ahead...traffic is backing up etc. So I pull into the parking area. Cop gets out, hand on his gun, another one stands on the side by my sister....(I think they were racially profiling, I'm a redhead and my sister is a blonde, LOL) I remain calm, because 1) I've received speeding tickets before 2) I know that this particular time I was not speeding enough to warrant all this commotion and 3) there were cars that passed me on that curve. I ask what I did wrong, cop says I was speeding, I dispute his charge, which I'm sure pissed him off because it took him another 20 minutes to write the ticket. My radar didn't go off, which I pointed out to him, to which he replied "we used LIDAR". Who's "we"? It wasn't a cruiser with the gun, it was an SUV.
Anyway, now that I've ranted here, (thank you!) any advice on how to fight this? Cop told me that if I planned on pleading not guilty, I should call the court before the posted court date, because they may give me a later date. I'm a student of Paralegal studies and have enough legal background to assume that this is a tactic on his part to notify him that he has some "work" to do. He may assume I will just plead guilty and pay the ticket...
Btw, on the way home we took that curve at 45 mph and almost hit the wall, sooooo, just sayin'....
Any comments or suggestions are appreciated.
All you've shown was its a two person stop, so both will need to be present at the trial date.
Follow the instructions on the citation and then wait for a hearing date.
I usually then ask for a continuance by motion form thru a court house clerks office.
YMMV
-Suf
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Speed detection makes errors. I can prove it. REPEATEDLY.
I'm no attorney, any method I describe may not work for you. You use my experience at your own risk. And as my experience, this is not legal advice or be considered legal advice.
These are my opinions made from research and experience, sometimes using the technologies discussed.
NO part of my writings may be copied, or used in other writings, postings, articles or works without my permission.
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I rent LIDAR and radar, even w/ speed signs!
LTI Marksman AND Ultralyte 200LR, Stalker LIDAR, Kustom Pro Laser II, Pro Laser III, Laser Atlanta Advantage (R-style) and 6 Doppler's.
As Surfdaddy pointed out this is a two officer operation so both need to show at court for them to win. Assuming you put you defense together properly and exert your right to confront your accuser and do not waive your right to a speedy trail can could easily win if only one shows which most likely would be the one who wrote the ticket not the officer in the SUV.
Keep in mind the best defines does not rely on one element. You have to be prepared to attach everything they did, especially in NJ since there are a few cases where the judge force people to come back until the officers showed or they agree to plead guilty. One guys story was the officer retired and would never show and the judge told him his only option at that point was to plead guilt.
Anyway, there is lots of information here on what you need to do to fight a LIDAR ticket. If you plan to fight the ticket, and file for discovery, be careful what you ask for, do not tip you hand about both officers needing to show up. If they think you know this they will make sure they both show.
Also, does your radar detector support LIDAR, for some reason the NJSP think that LIDAR is not detectable. I know people who have conversations with NJSP and they say they use equipment that no detector can pick up. I am not sure if they live in a fantasy world or they truly believe the LIDAR units can not be detected. They also made statement that their equipment is updated more often than and radar detectors so they are always one step ahead.
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I am not a lawyer, but I spent a night in a Holiday Inn Express
it is an attempt to delay and have the officers be a no show, and increase the chances that the officer who wrote the ticket will not remember there was another officer involved in the ticket. It is a coin toss whether it will work or not.
as i stated above it is no guaranty the Judge will dismiss unless you know how to force the issue about not waiving your rights to speedy trial.
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I am not a lawyer, but I spent a night in a Holiday Inn Express
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