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  1. #1
    Join Date
    May 2013
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    13

    Default When Can You Appeal a Speeding Ticket Conviction

    My question involves traffic court in the State of: Mississippi

    I sent both the police and prosecutor letters of discovery (neither replied), I told the judge (the first date or trial because the cop didn't show up), the judge dismissed my right to discovery said "you don't need anything, it's just a radar detector and tuning fork" and granted a new court date to the cop even though he didn't show up. Some court...

    On the court date:
    Most states require radar detectors to be calibrated in the past 12 months (didn't find anything for my state, anyone know the rules?). The cop stated he used a tuning fork to calibrate it himself, but did not have any documents stating anyone else calibrated it. Judge didn't think he needed documents showing calibration records and took his word for calibration with his turning fork and assumed it was working right (some assumption).

    You are not suppose to use radar detectors on hills and curves (gives false readings). Judge didn't know this and so he didn't comment on it.

    Here is the most important part. The cop stated he was in such and such parking lot when he used his radar gun (I didn't know where this parking lot is), when I got home I realized this parking lot is about 20 feet before the turn I took onto the road where I pulled over. Basically, this cop was saying I was going 15 MPH over the speed limit, but how can you go 15 MPH over a speed limit yet make a 90 degree left hand turn 30 feet later? This is where the discovery comes into play, if they would of responded than I would of known the cops position and could of told the judge what he is stating (him clocking me at 50 MPH), 30 feet before I made a 90 degree left hand turn? Makes no sense.



    How do I go about appealing?
    Does it cost money?

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

    Default Re: Can I Appeal a Conviction (Guilty) I Had in Court for Speeding (Denied My Right)

    well, you offered no evidence that the unit needed professional calibration ... if you would have FOIed the manual then you could have introduced it at trial.

    the turn? appellate court won't care - your initial judge reviewed these facts ..

  3. #3
    Join Date
    Sep 2005
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    Default Re: When Can You Appeal a Speeding Ticket Conviction

    You already have a thread going about discovery.
    Quote Quoting whatisthis
    View Post
    Most states require radar detectors to be calibrated in the past 12 months (didn't find anything for my state, anyone know the rules?).
    I don't see any hard-and-fast rule for Mississippi. Absent such a rule you would need to determine the made and model of the radar gun, then check the manufacturer's recommended maintenance schedule.
    Quote Quoting whatisthis
    The cop stated he used a tuning fork to calibrate it himself, but did not have any documents stating anyone else calibrated it.
    It sounds like you were asking the wrong questions. The officer calibrates the radar gun every time he turns it on - and thus if you ask, "When was the radar detector last calibrated," the officer is going to fully and accurately answer your question, "I do that every time I turn the unit on." You wanted records of periodic maintenance.
    Quote Quoting whatisthis
    Judge didn't think he needed documents showing calibration records and took his word for calibration with his turning fork and assumed it was working right (some assumption).
    Whether or not the judge was correct that the officer's testimony was adequate to address your question will depend upon exactly what you asked.
    Quote Quoting whatisthis
    You are not suppose to use radar detectors on hills and curves (gives false readings). Judge didn't know this and so he didn't comment on it.
    How is that relevant to your situation? You argued that, in your opinion, the officer couldn't get a clear reading of your vehicle? The officer responded, "Yes, I could"? The judge is allowed to resolve that type of difference of opinion, and will as a general rule take testimony based upon fact over what appears to be mere speculation.
    Quote Quoting whatisthis
    Here is the most important part. The cop stated he was in such and such parking lot when he used his radar gun (I didn't know where this parking lot is), when I got home I realized this parking lot is about 20 feet before the turn I took onto the road where I pulled over. Basically, this cop was saying I was going 15 MPH over the speed limit, but how can you go 15 MPH over a speed limit yet make a 90 degree left hand turn 30 feet later?
    Was your defense to this ticket, "I wasn't speeding"? Were your defenses presented in the alternative, "I wasn't speeding, but if I was....", or were you entirely focused on the technical defenses, "You can't convict me because the radar might not have worked, or he might have tried to measure my speed around a curve or over a hill, or he might not have seen me long enough to get a reading...."? What's missing from your account above is "I wasn't speeding". Generally speaking, if you're speeding and you get caught, it's because the officer did have time to measure the speed of your vehicle and because the measurement is accurate (or accurate enough).

    Finding out the exact location of the police vehicle when it measured your speed, unless noted on the ticket (in which case you should already have the information) is not normally the type of information you obtain through discovery. In your other thread on discovery, you indicate that you made an excessive demand for discovery, but you suggest that your only objections to the court pertained to the radar gun. What discoverable documents have you identified that describe the officer's pinpoint location, and did you make any timely objection that knowing the officer's pinpoint location was crucial to your defense? Also, why would it follow that the officer could only measure your speed over the last 20 feet before the intersection? I'm literally and figuratively not seeing it.
    Quote Quoting whatisthis
    How do I go about appealing?
    Does it cost money?
    There may be a standard form for filing an appeal available through the court clerk's office - I suggest you check. Yes, there will be a filing fee and, if the original trial court is of record, you may have to pay for transcripts, and perhaps other costs.

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