My question involves a traffic ticket from the state of: California
When a police officer pulls you over for speeding, does he/she have to show you the radar?
My question involves a traffic ticket from the state of: California
When a police officer pulls you over for speeding, does he/she have to show you the radar?
Nope. In fact, it is usually unsafe to do so and I would strongly suggest no officer do this for a number of safety reasons. But, SOME officers still do ... I think they believe that by doing this the defendant will be less likely to fight the cite, but I doubt there is any objective data to back that up.
A cynical defendant will merely believe that the officer has some absurd speed still locked in from earlier in the shift and that it's not really his anyway.
Why would cdwjava make anything up?
Even for the units that may have such capability, there is no requirement to provide a time stamp. Or to show the driver any sort of reading, time or speed... So only an idiot would challenge the cop on the side of the road regarding a time stamp associated with the reading. The courts do not require one?
In light of ^^this^^, your other questions require no response. Its not like you would understand even if given an answer... You're incapable!
Yes. I can lock in the speed and keep it there the entire shift if I want to. (I don't because I am not officially trained on radar, so I don't use it, but if I wanted to I could.)
No.Does a speed readout on radar units have a time stamp?
None of the devices commonly used keep a record of times, locations, speeds locked in, or any other such thing. If there are devices out there like that, they are not deployed anywhere I am aware of.Will a speed remain on a radar until it is cleared without record of when or where it was taken?
Nope.Also, can a radar unit download all of its days activity to a printout or spreadsheet?
Officers are not required to show you the readout of their radar, LiDAR or MVARS device.
The court relies on the officer's status as an expert witness to truthfully and accurately record the reading on the device. There is also an assumption made in regards to training and certification, that the device was used correctly, that it was not used too far from the target, etc. However, all of these assumptions are valid grounds for challenging any citation involving radar or LiDAR.
The beam spread, distance accuracy and certification is probably your best bet with a radar ticket. LiDAR is pretty much the same, except for beam spread.
Directions for fighting your speeding ticket via trial by written declaration can be found here.
Good luck with your case!
Let me start this post by warning everyone that "So Cal" AND "Tim Wayne" are one and the same person logging on as two different individuals. I don't know why he would ask a set of idiotic questions about Radar under one name only to the return under a different name to pretend he is some Radar expert... But I guess if you are alone in the way you opine and perceive matters, having multiple personalities that could compliment and support each other might help you feel more appreciated. I guess we can now see where the coin phrase "He doesn't suffer from mental illness, he enjoys it" comes from!
More importantly, I caution anyone from following the direction of the ticket assassin website that Tim Wayne linked in his post. There is nothing wrong in reading some of the information offered there however, take any and all info you see there with a grain... make that a spoonful of salt, simply because that information is not only outdated (on one page, the show a fine amount from back in 2006), it is completely misleading and incorrect. For example:
It is not FIVE years. Convictions are reported on your driving record for THREE years.Quoting ticketassassin.com
From, CVC 1808:
(1) Ten years for a violation pursuant to Section 23140, 23152, or 23153.
(2) Seven years for a violation designated as two points pursuant to Section 12810, except as provided in paragraph (1) of this subdivision.
(3) Three years for accidents and all other violations.
Additionally, anyone who pretends to know what an insurance company will surcharge you for a violation is simply lying to you. Whether it is $10 OR $1000, only your insurer can decide how much to increase your premium and until they do, no one know how much!
Furthermore, and in spite of the negative feelings we might get after possibly making a mistake and getting cited for it and in addition to how bad we might feel because if it, that website seems to be set up to instigate thoughts of "us against them" with comments such as:
Explaining your options to you including but not limited to the consequences of your failing to comply with requirements set up by the state legislature are not "fascist threats". Only idiots would see them as such. Instead they are simply disclosures that are designed to help you avoid additional cost and hassle. You should also keep in mind that the only reason why you are in this predicament you are in is not because of fascist threats, instead, it is because you allegedly violated some law or regulation.Quoting ticketassassin.com
At any rate, what better way to obtain factual, legal and accurate information than to obtain it from its source!
Anyone seeking general but traffic court related information is encouraged to check the court's website at California Courts. You can also click on the SELF HELP link which will lead you to the TRAFFIC Page where you can obtain more information about:
How to pay a traffic ticket
How to ask for a Trial by Written Declaration
Traffic school
Traffic (Infraction) Appeals
Frequently Asked Questions
Or you may inquire with your local court clerk, but keep in mind that court staff are not able to provide legal advice. For that, you should consult with a local attorney if you see such need.