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  1. #101
    Power User
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    Default Re: What is the ENRADD and how to beat it.

    Congratulation on a successful plead bargain, at least you come away with no points.

    Quick couple of question was second officer there, if not you could have possibly got the whole ticket dismissed. The office who was there was he the one operating the unit or the one writing the tickets.

  2. #102

    Default Re: What is the ENRADD and how to beat it.

    There were two township officers present at the magistrate office, but he was the only one in court. He advised he set up the equipment and was the one who viewed the display for my car. There was no surveillance officer at the ENRADD device, it was using the wireless version.

    I did see the calibration records and his training certificates (which were the ones in effect during my traffic stop) as we were talking before the hearing.

    Another note of interest, he did mention that officers are no longer required to have the original calibration certificates in PA (or at least in Bucks, I didn't ask). He said it was determined to be a "hardship on the township" to have to provide the originals for each and every court case. I didn't challenge that point, and wasn't planning to in the hearing, as I didn't want it to appear that I was grasping at straws when I thought I had a decent case...that he couldn't see my car when it crossed the ENRADD device, and therefore couldn't be certain beyond reasonable doubt there was not a car going the opposite direction.

    Happy New Year.

  3. #103
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    Default Re: What is the ENRADD and how to beat it.

    I'd count that as a big win and would have done the same thing. 0 points in the hand is a lot better than coming out losing 4. Great job.
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  4. #104
    Street Lawyer
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    719, Colorado
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    Default Re: What is the ENRADD and how to beat it.

    Quote Originally Posted by j_in_pa View Post
    There were two township officers present at the magistrate office, but he was the only one in court. He advised he set up the equipment and was the one who viewed the display for my car. There was no surveillance officer at the ENRADD device, it was using the wireless version.

    I did see the calibration records and his training certificates (which were the ones in effect during my traffic stop) as we were talking before the hearing.

    Another note of interest, he did mention that officers are no longer required to have the original calibration certificates in PA (or at least in Bucks, I didn't ask). He said it was determined to be a "hardship on the township" to have to provide the originals for each and every court case. I didn't challenge that point, and wasn't planning to in the hearing, as I didn't want it to appear that I was grasping at straws when I thought I had a decent case...that he couldn't see my car when it crossed the ENRADD device, and therefore couldn't be certain beyond reasonable doubt there was not a car going the opposite direction.

    Happy New Year.
    I would have challenged it, but that's just me, congrats on the plea bargain at least. If they tried to claim some 'hardship on township' I'd claim this speeding ticket is a hardship on my insurance, and if you can't bring proper evidence, it's hearsay and inadmissible, kthx.

  5. #105
    Power User
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    3,155

    Default Re: What is the ENRADD and how to beat it.

    Quote Originally Posted by j_in_pa View Post
    There were two township officers present at the magistrate office, but he was the only one in court. He advised he set up the equipment and was the one who viewed the display for my car. There was no surveillance officer at the ENRADD device, it was using the wireless version.

    I did see the calibration records and his training certificates (which were the ones in effect during my traffic stop) as we were talking before the hearing.

    Another note of interest, he did mention that officers are no longer required to have the original calibration certificates in PA (or at least in Bucks, I didn't ask). He said it was determined to be a "hardship on the township" to have to provide the originals for each and every court case. I didn't challenge that point, and wasn't planning to in the hearing, as I didn't want it to appear that I was grasping at straws when I thought I had a decent case...that he couldn't see my car when it crossed the ENRADD device, and therefore couldn't be certain beyond reasonable doubt there was not a car going the opposite direction.

    Happy New Year.
    I live in bucks too and they lost a case which is part of the states case law on requiring original cal records for a stop watches. I have the case law on that fact. Plus there is another older case law in PA which says that original signed copies must be presented no ands ifs or buts about it. Bucks can not determine themselves that it is a hardship. He feed you a line of bull that is all I can say. So were you in front of Judge Daliy?

    Attach you will find the Bucks case.

    Also, if it was the township i am thinking you were dealing with, Most likely the office in court was not even at the ticketing location. They usual send the commanding officer for all the officers so they all do not have to show up in court, plus they bank of most people not remembering who gave them the ticket.
    Attached Files Attached Files
    Last edited by Maestro; 01-02-2009 at 05:50 PM.

  6. #106
    Newcomer
    Join Date
    Jan 2009
    Location
    bucks county, pa
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    1

    Default Re: What is the ENRADD and how to beat it.

    j_in_pa, glad to hear you were able to reduce the ticket. i'm about to fight a 52 in a 35 mph ticket i received on church rd between hilltown pike and rt 309. not looking forward to it, but i'll do what i must to at least get in reduced.

    Maestro, your posts are excellent!!! very impressive. thank you.

 

 

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