Traffic Tickets
By Perry Zucker
Submitted January, 2005
Contents
Let's face it, some motorist that are given speeding tickets are really guilty. I personally agree with trying to get these dangerous motorists off our roadways.
These drivers will continue to rack up more and more violations until they have their licenses revoked.
After a truly innocent motorist receives this type of violation, he or she is very upset. Some drivers believe that the best solution is to have their day in court, in order to prove their innocents.
Type of Devices
Police Officers use one of many speed measuring devices in order to determine the speed of a moving vehicle. They are as follows:
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Radar: works on the principal of transmitting certain types of radio waves that bounces off the target vehicle (yours) and measuring the Doppler frequency shift, the radar's microprocessor converts it to a displayed reading. Some radar units can be used in stationary or moving mode.
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Laser: is similar to radar but uses infrared light and a time-based circuit to determine the target vehicle's speed.
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Pace / Clock: is where the Officer keeps a uniform distance to / from the target vehicle (yours) for a specific distance while monitoring his/her speedometer, in order to determine the target vehicle's speed.
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VASCAR: uses a time based circuit versus a predetermined distance in order to obtain the speed of the target vehicle. In other words, we can use the equation of Speed = distance / time.
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Airplane / Helicopters: uses either VASCAR or moving radar.
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Visual Estimation / Observation: Basically, this is a human process in which the Police Officer observes the target vehicle prior to enter the speed measuring device "zone of influence" and determines how fast the vehicle in question is traveling.
This type of speed detection is only used in certain States, e.g. NY, NJ, etc.
Proper Operating Procedure
All speed measuring devices should be calibrated at least semi-annual (depending on the laws in the issuing State as well as the device manufacturer). Secondly, the operator should be trained in the proper use of the said device. Thirdly, the Officer should perform a series of tests (as per manufacturer recommendations and State laws) as well as a traffic history of the general enforcement area.
Trial Preparation
Police Officers that issue this specific type of violations are "Experts" in the operation of these aforementioned devices. Logically the best defense, of course if your innocent is to retain an "Expert" in this exact field. Remember you would not hire a plumber to perform open-heart surgery, obtain the right expert. Save your hard-earned money - don't hire another type of expert. Whoever you retain, if any, ask them a few questions:
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What is your success rate for speeding violations?
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What type of field investigation(s) are you going to perform?
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Other than a court show, what evidence are you going to present in court, on the date of my trial?
On a closing note, put yourself in the judge's position, everyone claims they're "Not Guilty", the key is to prove it - Good Luck!!
About the Author: Perry J. Zucker, Degreed Engineer (several degrees in engineering as well as technology), provides technical reports, pre-trial preparation, and expert testimony concerning traffic violations, vehicle related accidents (reconstruction), general accidents, and product liability cases, for both plaintiffs and defendants, and for both civil and criminal matters. He is a member several engineering societies that requires a minimum of an engineer degree, State Appellate Div. Expert Panel, ASE certified, State vehicle inspector and a certified speed measuring device operator / instructor. Visit him on the web at trafficdoc.com or call him at (718) 375-5063.
Copyright © 2005 Perry Zucker. All rights reserved. No portion of this article may be reproduced without the express written permission of the copyright holder, except as follows: You may link this article to your website, either directly or through an ExpertLaw Library index page, provided your link does not depict this article, its author, or expertlaw.com in a negative manner.
