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Old 12-30-2012, 03:48 PM
 
3,834 posts, read 5,759,138 times
Reputation: 2556

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Quote:
Originally Posted by Zone Read View Post
I'm a former City prosecutor in SA. An officer doesn't have to show you the radar mainly because there isn't anything to show you. They get a reading on the unit and thats it. There's no printout or permanent record of the speed display.

What I'd nail you on is the fact that you admit that you don't know exactly how fast you were going. The LEO does know, he looked at his radar unit and it told him. So its not your word against his, its his looking at a calibrated radar gun that gave him an exact measurement against your "I don't know exactly but I don't feel I was speeding." I would also use your inspection sticker violation as further proof that obeying the traffic laws don't matter to you. You say you're not a scofflaw and it probably was an oversight on your part and not deliberate, but in a court of law its my job to use that at proof you are a scofflaw that doesn't take any traffic laws seriously.

From all the LEOs I talked to, its way to easy to find people breaking the speed laws that they don't have to manufacture cases. Chances are you probably were speeding. Do mistakes get made? Yeah, probably, but not that often.
I admit not looking at my speedometer the moment he clocked me. But I was generally driving at 60-65, no faster than that. Slower than traffic around me as I was looking for an exit for a gas station. Definitely not even close to 74MPH.

The sticker is not evidence of anything - as a prosecuting attorney you should know that. One thing has nothing to do with the other.

I bet he didn't have a radar pointed at me at all. He was traveling in same direction of me and would have had to have it pointed behind him and to his left - seems unlikely. Cop most likely was incorrect as to his speed, made an incorrect assumption and went with it.

 
Old 12-30-2012, 03:50 PM
 
3,834 posts, read 5,759,138 times
Reputation: 2556
Quote:
Originally Posted by smuboy86 View Post
All I see is positives, once less sanctimonious know it all who will stay out of San Antonio.
As will my money, I pay for the ticket.
 
Old 12-30-2012, 03:51 PM
 
Location: Austin
1,690 posts, read 3,616,148 times
Reputation: 1115
Cops can drive and hold a radar at the same time? That is interesting. I don't know if I could multi task like that.
 
Old 12-30-2012, 03:59 PM
 
Location: San Antonio, TX
334 posts, read 915,260 times
Reputation: 261
Quote:
Originally Posted by Komeht View Post
At night, was driving slower than general traffic - unsure of exact speed, but it was no more than 5 mph over posted.

Cop was ahead of me driving very slowly - definitely below speed limit, turned on lights, swung around and pulled me over.

Said I was going 13MPH over posted (there is zero chance I was). I was surprised, asked to see the radar. He said "are you calling me a liar." I said "no sir, I'm saying I don't believe your radar is accurate, I'd like to see it."

He gave me a ticket for 14MPH over posted (not sure why he added 1 MPH to the ticket). Also ticketed me for inspection sticker one month out of inspection (admittedly true, but never received anything but a warning on that before).

Normally I don't fight this stuff as it's not worth the time or emotional energy. But this one really sticks in my crawl as I was certainly not going that fast and it feels like a bit of legally sanctioned extortion. I think deferred disposition is out of possibility because of the inspection sticker (spare the the lecture here, I'm getting the car inspected).

Anyway, I'm tempted to fight it but know at the end of the day it'll be the cop's word vs. my word and pretty sure which way the judge will rule on that. And I don't want to spend any more time or money in the city of San Antonio than I possibly have to.
So what was it about you that caught his attention? If there were people going faster than you, then he would have pulled one of them over instead, if his goal was to pad the city coffers. He could get more money more easily. Why bother with you? Do you think he could see your expired sticker (that would seem tough from his rearview mirror)? Do you drive a fast-looking or blinged out car? Were you changing lanes frequently?

My guess is that you were going faster earlier, saw him, and then slowed down, in fact slowed to the point where you were going slower than the flow of traffic, which raised his suspicion that you were breaking some other law. If that's true, I bet he was thinking you had an outstanding warrant or suspended license and were being overcautious. He had to settle for a speeding ticket and tag violation, not as good, but still better than just a speeding ticket alone.
 
Old 12-30-2012, 04:35 PM
 
287 posts, read 363,041 times
Reputation: 713
I haven't prosecuted a case in over 10 years, but from what I remember, radar units mounted in cars can read cars in front and behind if configured to do so. In addition, I've personally seen LEOs do visual determination of speed (even in rear view mirrors) to incredible accuracy, and using radar to confirm.

As for the sticker, I would bring it up as evidence of a "pattern of behavior" or a tendency, in this case a disregard for traffic laws.
 
Old 12-30-2012, 04:44 PM
 
Location: Austin, TX via San Antonio, TX
9,848 posts, read 13,687,247 times
Reputation: 5702
The OP didn't disclose exactly where he was driving so my only question would be if he was driving in a known speed trap such as Shavano Park (although I know the speed limit there aside from NW military is 35), Castle Hills, Leon Valley or even the Schertz area of 36 which have been known to be speed traps.
 
Old 12-30-2012, 04:53 PM
 
Location: San Antonio, TX
8,399 posts, read 22,979,962 times
Reputation: 4435
Quote:
Originally Posted by zhugeliang1 View Post
But how does a cop both look at a radar and see someone coming behind him? I don't know how a radar can look backwards over the cops shoulder behind him either.
Many traffic units have rearward-facing radar units permanently mounted in the vehicles. It's not a hard concept to grasp, and cops multi-task all the time, it's an essential part of the job!

Moderator cut: orphaned

Last edited by BstYet2Be; 12-30-2012 at 06:16 PM..
 
Old 12-30-2012, 04:54 PM
 
Location: San Antonio, TX
8,399 posts, read 22,979,962 times
Reputation: 4435
Quote:
Originally Posted by ashbeeigh View Post
The OP didn't disclose exactly where he was driving so my only question would be if he was driving in a known speed trap such as Shavano Park (although I know the speed limit there aside from NW military is 35), Castle Hills, Leon Valley or even the Schertz area of 36 which have been known to be speed traps.
Again, how is anyplace that has the speed limit posted a "trap?!?"

It's not a tough concept to grasp, the posted speed limit is the maximum speed one is allowed to travel on the stretch of roadway where it is posted. Exceed that, and you can be cited. No "trap" involved!
 
Old 12-30-2012, 04:55 PM
 
Location: San Antonio, TX
8,399 posts, read 22,979,962 times
Reputation: 4435
Quote:
Originally Posted by Komeht View Post
LOL...none of that happened, but you have an active imagination.
About as bad as yours...
 
Old 12-30-2012, 05:02 PM
 
Location: South Side
3,770 posts, read 8,288,551 times
Reputation: 2876
Maybe another police clocked him but wasn't going to be able to stop him, so he radioed his homeboy down the way??? IDK

Thats what happened to me in Balcones Heights.....wack. And now I'm on probation.

But in my best MMM voice "You do the crime you do the time. Citing texas penal code blah blah blah..."
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