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Old 08-19-2011, 10:38 AM
 
310 posts, read 562,017 times
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Quote:
Originally Posted by KaaBoom View Post
I agree, but just to finish the debate here is a quote from a Colorado attorney.

"I know of no Colorado requirement for the officer to show you the readout from the radar."

Do I have a right to view the radar reading to verify the value the officer "clocked" me at? - Avvo.com
Yep, I poked around doing some research on this too and, although the answers are somewhat conflicting, (even in the linked article, there is one lawyer, Sam Levine, who says 'yes' to the question)...but the prevailing response does seem to be that the officer doesn't HAVE TO show you the radar.

So, I'll stand mostly corrected on that point...but I will say that back here in Missouri, it is a quite common perception that people have that is acceptable and reasonable to ask for it. Which is still true...you can still ASK to see it, but the cop doesn't have to show you. Again, I've done it myself once before, and the cop was perfectly OK with it...he walked me back to the squad car and let me see it through the driver's side window. This was many years ago though...maybe attitudes have since gotten more strict about it.

So, it appears that there are some regional or state-by-state differences on this matter...obviously, the Colorado precedents being the most applicable in this case.

It does make me wonder then what do they actually use for "evidence" in these speeding cases. In any legal case (even as minor as a speeding ticket), you would think the defense at least has a right to see the evidence that the prosecution has against the defendant. Again though, I'm no lawyer, so I'll quit speculating at this point...

Any traffic attorneys out there who can weigh in on this?

Last edited by OakAve2OakLand; 08-19-2011 at 10:47 AM..
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Old 08-19-2011, 02:43 PM
 
Location: western Centennial, CO
655 posts, read 1,805,402 times
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Quote:
Originally Posted by OakAve2OakLand View Post

It does make me wonder then what do they actually use for "evidence" in these speeding cases. In any legal case (even as minor as a speeding ticket), you would think the defense at least has a right to see the evidence that the prosecution has against the defendant. Again though, I'm no lawyer, so I'll quit speculating at this point...

Any traffic attorneys out there who can weigh in on this?
The only 2 tickets I've gotten were both out of state going quite fast on rural highways. Both times they wrote that I was going slower than I was (because my actual speed would have put me into a higher category) so I wasn't going to ask to see it!

I don't know the rules since this is not a criminal offense so don't know. It does always scare me that I might be going the actual speed limit in a speed trap little town and get a ticket. I'm curious to know just like you.
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Old 08-22-2011, 10:12 AM
 
181 posts, read 519,815 times
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I walked down 20th on my way to Coors Field on Friday. The speed limit is 25 mph. I bet it's a happy hunting ground.
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Old 08-22-2011, 09:31 PM
 
17 posts, read 34,858 times
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Hate to say this, but if you contest it and lose, you pay the fine, court costs, surcharges. That makes the fine go WAY higher. Citations in Colorado is really big business, your odds of winning is low, but it does happen from time to time. Denver is one of these towns where its purely a numbers game, they know that 90% of the fines levied will be paid through the mail, 8% percent will be contested and the other 2% will turn into a warrant for their arrest. Pay the fine, we all get them. I am a cop and I even have been ticketed and had to pay! Get over it and move on or go contest it!
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Old 08-23-2011, 01:18 PM
 
Location: The North
5,071 posts, read 9,069,416 times
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Its about 50/50 if you contest it and that is purely because the cop won't show up. Judges never throw out tickets because of your past record or anything you say. They might throw it out on a technicality, but that's for your lawyer to argue. Even if you are offered a "defective vehicle" type citation as most are by mail your insurance company knows what's up and will count it like a standard speeding ticket. If its your first expect to pay about 10% more on one of your cars once they find out about it. Pulling MVRs is expensive so they don't do it often, you could get away without it ever being seen, just don't mention it to an agent or CSR.
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Old 08-23-2011, 03:00 PM
 
Location: Coos Bay, Oregon
7,142 posts, read 8,851,170 times
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Quote:
Originally Posted by Willy702 View Post
Its about 50/50 if you contest it and that is purely because the cop won't show up.
Thats another misconception. Police always show up in court. Thats their job. They get paid to be in court on certain days. Unlike the person fighting the ticket who is losing wages while in court.
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Old 08-23-2011, 03:02 PM
 
Location: western Centennial, CO
655 posts, read 1,805,402 times
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What's a typical amount for a lawyer to go with you?

Willy702 is right - they count 'defective vehicle' the same because that's what it always gets pleaded to (1 point) and if you don't switch companies you might never pay a premium as long as you don't have any claims.
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Old 08-23-2011, 11:24 PM
 
Location: The North
5,071 posts, read 9,069,416 times
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Quote:
Originally Posted by KaaBoom View Post
Thats another misconception. Police always show up in court. Thats their job. They get paid to be in court on certain days. Unlike the person fighting the ticket who is losing wages while in court.
Couple of lawyers who fight tickets told me they don't show up about a third of the time because of needing to fill in for staff shortages or gaps caused by events. That plus some technicalities you can win with mean you contest and you can get off about half the time. Not my opinion, the opinion of guys who do this for a living.
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Old 08-24-2011, 09:53 AM
 
14,920 posts, read 11,140,692 times
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Quote:
Originally Posted by KaaBoom View Post
Thats another misconception. Police always show up in court. Thats their job. They get paid to be in court on certain days. Unlike the person fighting the ticket who is losing wages while in court.
I've gotten one ticket in my life. I showed up to court - the cop didn't.
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Old 08-24-2011, 10:31 AM
 
310 posts, read 562,017 times
Reputation: 228
Quote:
Originally Posted by KaaBoom View Post
Thats another misconception. Police always show up in court. Thats their job
This hasn't been my experience either...at least 2 times in my case the cop hasn't shown up, and I got off as a result.

That said, it doesn't mean that it's always worth it to fight a ticket. After all, how much is your time and aggravation worth? The higher $ amount you place on that, the more it makes sense to just pay it and be done with it.
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