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  1. #1
    Join Date
    Sep 2011
    Posts
    29

    Default Method of Speed Measurement Not Listed on Ticket

    My question involves a traffic ticket from the state of: Oklahoma

    Hey I got a ticket last month for 76 in a 65. I wasn't going this speed and want to fight it. The problem is I don't know how they claim to have got my speed, because it wasn't listed. I wrote a letter asking for how my speed was ascertained, and they told me they don't have to tell me. I talked to a lawyer who said he could file a discovery motion, but I can't afford that right now. He said even with that there was no guarantee. I really don't know what to do and it seems like he just wants my money.

    I got a ticket in 2007 that said 'radar' on it. Maybe they don't do this anymore. Its harder to fight it when you don't even know where to start. This one doesn't say anything about that. A friend of mine got a ticket in the same area recently and his doesn't say anything about how they got him either.

    Is this even fair?

    If it is, it's sad how this economy has put such desperation into states that they've had to make it impossible to even fight the ticket.

  2. #2
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Not Sure How Ticket Was Issued

    Several methods are used ... RADAR, LIDAR, and simple speed estimate by eye are used. Why not call the police and ask them or file a FOIA request. You could file a REQUEST FOR DOCUMENTS (is OK a civil , criminal or administrative hearing??) , if CIVIL file a motion to admit and just ask everything (state that you are not guilty too) for discovery (not a motion) upon the opposing party .

    A simple google search will show how to file a discvoery request....your attny might be right, you may not get an immediate response bu tthat may not be a bad thing .....

  3. #3
    Join Date
    Mar 2010
    Location
    Snohomish, WA
    Posts
    1,588

    Default Re: Not Sure How Ticket Was Issued


  4. #4
    Join Date
    Sep 2011
    Posts
    29

    Default Re: Not Sure How Ticket Was Issued

    It was not that, those tickets are received via mail. This was written on the spot.

  5. #5
    Join Date
    Mar 2010
    Location
    Snohomish, WA
    Posts
    1,588

    Default Re: Not Sure How Ticket Was Issued

    Then you got zapped on LIDAR (laser) or RADAR.

  6. #6
    Join Date
    Sep 2011
    Posts
    29

    Default Re: Not Sure How Ticket Was Issued

    Yeah, I assumed that much...but it could also be visual estimation, aerial, or vascar. I still can't believe what this economy has caused. It wasn't like this before, now unless the measuring device was included on the ticket, you can't always get it. It wasn't this intentionally skewed against you in the past.

  7. #7
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Not Sure How Ticket Was Issued

    Quote Quoting sooners08
    View Post
    Yeah, I assumed that much...but it could also be visual estimation, aerial, or vascar. I still can't believe what this economy has caused. It wasn't like this before, now unless the measuring device was included on the ticket, you can't always get it. It wasn't this intentionally skewed against you in the past.
    And you don't want to file a discovery request why? Who did you write a letter to? The letter may be seen as being a discovery request depending on how you wrote it .... I would suggest re-filing a request for documents (they don't have to tell you the method .. but if you ask for documents relating to any "speed measuring device" relating to your ticket, other documents .. they SHOULD respond to this request). File it with the DA & police dept ... include a certificate of service for each one you send it to .. you CAN, but don't have to, file your requests also with the court.

    Discovery is easy to serve upon the other party; do it via mail or by personal delivery...

  8. #8
    Join Date
    Sep 2011
    Posts
    29

    Default Re: Not Sure How Ticket Was Issued

    So this is completely normal? None of the experts here have any opinion??

  9. #9
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Not Sure How Ticket Was Issued

    Quote Quoting sooners08
    View Post
    So this is completely normal? None of the experts here have any opinion??
    How would we know how your speed was measured? File a discovery request(s) and learn more before trial if you can. If you can write a letter, you can perform discovery .. its pretty simple.

  10. #10
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Not Sure How Ticket Was Issued

    Quote Quoting sooners08
    View Post
    So this is completely normal? None of the experts here have any opinion??
    If by an "opinion" you're hoping for someone to post some sort of argument that makes it likely that your citation will be dismissed, then you should realize that with 11mph over the limit, your alleged speed was above and beyond any margin of error for any method that is typically utilized by law enforcement...

    So even if you were preview to the method or device the officer used, how does that un-skew their case against you impact your case?

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