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re: Laser/LIDAR Speeding Ticket
Mon, Jun 25 2007 2:37 PM
Joined on Thu, Jun 21 2007
Thank you for the kind words. Yes, it annoys me greatly when I come to what I deem to be a "reputable" site with valid questions while preparing my defense for a speeding ticket and get a response like I got. I could launch into a rant on how I think speed limits are set intentionally low so as to "feed the money machine", etc. but that is not my intent for locating and using this site. And despite what anyone may say, a site like the TIPMRA that Roland runs IS very beneficial to the citizen who decides to fight a speeding ticket. I am in my 40's and have not received a traffic citation of any kind for almost 20 years. Have I been stopped? I have either received a warning (because I am very polite to the officer and I would assume because when they run my plate, they see that I have no history as it has been so long since my last ticket), or in one case, the violation was placed "on file" and so long as I did not get another citation within a 3 month timeframe, the ticket would "go away". And yes, I have fought 2 tickets using the TIPMRA method and won both. Of course, both were in my state, NH, and this current ticket is in ME (Maine).
So, I am going to spend the next 10 to 12 weeks before my trial is most likely to be scheduled to work on my defense. The ticket, if I plead guilty, would be $185. I have probably already spent that just in getting my on-line caselaw access up to date and doing research. I won't even go into what the cost is for me to take 1 vacation day (based upon my salary) to travel 2 hours to Portland District Court and spend the day in traffic court. I may lose, but I really don't care. I will have exacted my pound of flesh out of the system. And my case/trial will not take 5 minutes to try and hear.
I was charged with a specific speed (80 in a 65 - 80 mph is the speed to which the state must prove) and the method of measurement was laser, and I was not stopped by the officer who actually operated the unit. And all of the folks being stopped were out of state. And it was Memorial Day weekend. Wow. That is really odd. ;-)
So yes, I am going to fight my ticket. I am going to attempt to break the chain of evidence. I am going to use the best evidence rule...if there is documentation as to the calibration and operation of the exact unit used in my stop, they had better have it. I will use every defensive tactic the TIPMRA has to offer. I will object to the introduction of laser without judicial notice. The law is not perfect, it's not exact, and not every prosecutor or judge knows everything. And if I lose, I will appeal...and then there WILL be some case law in the State of Maine in regards to judicial notice and all of the other defenses I will use.