How to Win a LIDAR Speeding Ticket Appeal
My question involves a traffic ticket from the state of: Massachusetts
I was driving at 9:45a on a sunny MA “highway” with posted speeds of 55mph.
I was pulled over and the officer asked, “Do you know how fast you were going?”
I replied, “I really don’t.”
He said, “Do you know the speed limit?”
I replied “I think, typically 55”. He walked back to his vehicle.
My vehicle is a 2000 Honda Civic. It has over 200,000 miles. This was the second to last day driving the vehicle because the inspection sticker was due to expire, and I bought a new vehicle. The front bumper is off-center and kid of gold and doesn’t match the color of the rest of the car. The hood has big stains on it and is close to the same color of the bumper. The rest of the car is black. The exhaust also had fallen off, so the vehicle was very, very loud. The windshield was cracked and the car shook very often from a engine issue. All that, the car was still registered and had a valid sticker.
The officer came back only after I had been waiting just a few minutes. He said, “I had you at 79 in a 55. I only wrote you were going 65. You can appeal within 20 days or pay the fine. Here you go.”
He handed me my ticket and paperwork back and as he walked away, I asked, “When was I going that speed? Around the bend?”
He replied, “Yeah, on the bend.” And proceeded to his vehicle.
The officer pulled away and after I regrouped, a few minutes later I continued on my way.
The ticket says 65 in 55. Posted, Lidar and Estimated.
How do I win this appeal? I don’t believe I was going that fast. There was a lot of vehicles coming around that bend. There were 2 lanes. I was in the left lane. The officer was parked facing the direction of traffic at the bottom of the hill/bend in the right break down lane.
How do I win?
Re: How to Win a LIDAR Speeding Ticket Appeal
You say "appeal" -- so you had a ticket hearing and have already lost?
If you're talking about a trial, not an appeal, then you are going to have to convince the court that the officer's measurement and estimate of your speed were not correct. However, when your answer to the question of your own speed is "I don't know", you're in a pretty terrible position to argue that you weren't in fact speeding.
Re: How to Win a LIDAR Speeding Ticket Appeal
Mr. K. Massachusetts calls protesting a traffic citation an appeal. Yes, it is at odds with the normal use of the term. Their website gives you two buttons: PAY or APPEAL.
I agree, "I don't believe..." is not a defense.
I'm not sure what the "my car is a piece of junk" point in the original post. Loud vehicles (even if legal) do attract police attention. That others are speeding is also immaterial. Singling you out because your car is ugly is not illegally prejudicial. Coming down hills and where the officer was parked are immaterial.
Lidar is real directional, unlike RADAR. He sights it on you like he would shoot his gun. Further, between that LIDAR and his expert opinion on your speed estimation, you're going to have a hard time contesting the speed.
Re: How to Win a LIDAR Speeding Ticket Appeal
Quote:
Quoting
EJay
You win a LIDAR speeding ticket by receiving either an acquittal or dismissal...
You're living in fantasy land. Do you really think based upon what the OP said that he stands any chance of mounting a meaningful defense?
Quote:
Quoting
EJay
-You cast doubt on the officers testimony becasue the width of the LIDAR beam could have reasonably measured the speed of a vehicle other than yours
That's the best one of them all.
Re: How to Win a LIDAR Speeding Ticket Appeal
Quote:
Quoting
EJay
-You cast doubt on the officers testimony becasue the width of the LIDAR beam could have reasonably measured the speed of a vehicle other than yours
You need to study up better if you are to be useful. At 1000 feet the width of the beam is 3 feet, narrow enough to hit only one car, and officers are trained on hitting only one car.
For the OP, you can check calibration records and officer’s statement or notes (if available) about daily testing to see if there is an issue. Since he will testify, he can clarify everything but calibration records on the stand. Otherwise, not much you have to go with besides delaying and hope he does not appear. If it is your word versus his, you will lose.