Thanks for the response. I'm definitely out of my element here, so I'm probably going to lose.ShrekTek wrote: ↑Sep 30th, 2017 6:42 pmGenerally the officers notes are about as complete as they need to be.
If you have no experience in court, then 99% chance you will lose if you try to fight it in court. And most likely you will not be able to find a paralegal that would feel confident they could beat it for you.
There is a very very small chance at beating this, but it would require somebody skilled at cross-examination. The issues I would bring up are:
- that there were other vehicles behind the officer as well as yours and radar does not tell you which vehicle it is picking up. Radar operates in either Strongest mode or Fastest mode. Strongest mode picks up the speed of the strongest signal it is receiving, which would normally be the closest vehicle to antenna (assuming all the vehicles in range are similar in size). Fastest mode picks up the speed of the fastest signal it is receiving which can be anywhere within the range of the antenna (so it could be a vehicle that is 3000 or 4000 feet back out of normal visual observation of officer.
- does the officer have any other notes besides the ones provided? If not, then when did he write the notes? If he says he wrote them just after the incident, then that must mean he included second test time when he wrote the notes... oh wait, an officer can't write stuff in his notes he did not do yet and can't leave spaces in his notes and then add things later. So this could be a point to bring doubt to officers notes. If the officer DOES have other notes and simply copied from them onto the ones you got, why did you not recieve a copy of those notes in disclosure? Another good point.
If you show up for trial you might get the prosecutor to reduce the speed at least down to 29 over, so it may be worthwhile to try that if you are not interested in fighting it.
If the officer reduced the speed on your ticket down, and you choose to try and fight it at trial and then you lose at trial, they can raise it back up to higher speed. They can not raise it up just because you showed up for the trial, so prosecutor may still offer reduction if you plead guilty. To raise it back up, you actually have to show up for trial AND then plead Not Guilty in front of JP AND the trial has to start AND the officer has to get on the witness stand to testify AND you have to then lose the trial.
The officer went with the higher of the two speeds he mentioned, but there's no mention of the lower speed anywhere in the notes. I guess that's the only positive side here.