How do I prove/defend a false speeding ticket?

[lawabiding2610]

Hello,

I was driving a few months ago on a road that had a speed limit of 25 mph. I know this road very well as I drive it almost every day. So the other day I was driving and saw a police officer driving towards me and I really wasn't concerned as I was going 25 or maybe 1 mph over. All of the sudden he turns around and pulls me over after I stop and make a turn at a intersection. He said that I was going 51 mph (which is 26 over). That was completely false and I was not doing that. Now I have a hefty ticket and I am trying to find a way to prove that this cop is a complete moron and is lying.

How can I do this? Another reason as to why I don't believe him is that I was approaching an intersection and I was starting to slow down. I was probably no more than 50 ft. from it. There was no way I could have been going 51 mph. What legal options do I have try to prove this or handle this to take this to court? I have already gone to a pre-trial and the prosecutor was a unwilling to do anything. So I told him I would take this to trial. A couple questions I have include, does Wisconsin have a law that states how often a radar gun has to be checked and calibrated? Also, what should I specifically be asking for when I make an open records request? I was thinking that I should get any video/audio recorded, incident report and officer's record. Anything else that I should ask for? And for the officer's record, what should I be specifically asking for? Should I ask for disciplinary actions, complaints, citations written? What in his record should I be looking for? Should I also ask for proof of his certification to operate radar since I am pretty sure that was the method used to calculate speed? Also, while at trial, what types of questions should I be asking when I question the officer?

I would appreciate any possible help someone may be able to offer.

Thanks!

 

[army judge]

Hello,

I was driving a few months ago on a road that had a speed limit of 25 mph. I know this road very well as I drive it almost every day. So the other day I was driving and saw a police officer driving towards me and I really wasn't concerned as I was going 25 or maybe 1 mph over. All of the sudden he turns around and pulls me over after I stop and make a turn at a intersection. He said that I was going 51 mph (which is 26 over). That was completely false and I was not doing that. Now I have a hefty ticket and I am trying to find a way to prove that this cop is a complete moron and is lying.

How can I do this? Another reason as to why I don't believe him is that I was approaching an intersection and I was starting to slow down. I was probably no more than 50 ft. from it. There was no way I could have been going 51 mph. What legal options do I have try to prove this or handle this to take this to court? I have already gone to a pre-trial and the prosecutor was a unwilling to do anything. So I told him I would take this to trial. A couple questions I have include, does Wisconsin have a law that states how often a radar gun has to be checked and calibrated? Also, what should I specifically be asking for when I make an open records request? I was thinking that I should get any video/audio recorded, incident report and officer's record. Anything else that I should ask for? And for the officer's record, what should I be specifically asking for? Should I ask for disciplinary actions, complaints, citations written? What in his record should I be looking for? Should I also ask for proof of his certification to operate radar since I am pretty sure that was the method used to calculate speed? Also, while at trial, what types of questions should I be asking when I question the officer?

I would appreciate any possible help someone may be able to offer.

Thanks!

You won't beat the speeding citation.
Fewer than 5% of all traffic citations (nationwide) are defeated by the accused.
Using a lawyer results in about a 20-30% reversal of traffic citations.
Some say that figure is as high as 50% with a lawyer.

But, why not consider traffic school (if Wisconsin allows it)?

Otherwise, go ahead and defend, or hire a lawyer.
You can also seek out a diversionary sentencing option. To do that, you have to speak with the prosecutor.

Either way, good luck.

 

[BirdOPrey5]

If the cop car was in motion (and your story suggests it was) then he couldn't use a hand held radar gun to clock your speed. Some cop cars have built in radar guns that are connected to the cop car's speedometer so they can be used in motion- but they are hard to determine which car he is tracking so most of the time cops won't do this. See what type of radar gun he is claiming he used- if any. If he used a built in radar gun the cop car's speedometer must also be confirmed accurate to have accurate readings on the radar.

 

[mightymoose]

Yep... find out what kind of radar was in use, and you definitely want to find out if he was certified to use the equipment. If he made the sort of error as mentioned above, he likely isn't certified. As you describe it, it certainly does sound suspicious.

 

[lawabiding2610]

Thanks for all the responses.

I have been doing some pretty good research and investigation into this guy.

I will let you know the outcome.

 

[CdwJava]

You can likely seek through discovery any notes or reports the officer wrote on the incident, the calibration and maintenance records of the radar used, any certification he has received in the use of the radar (which would also include a great deal of training in visual estimation of speed), and maybe a log of some kind for that day. However, disciplinary records and complaints are NOT going to be handed over on discovery. The odds of you getting that info is slim and will likely require an attorney even to try it.