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  1. #1
    Join Date
    Feb 2014
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    5

    Question How to Obtain Time Records for Traffic Tickets Issued by a Police Officer

    My question involves a traffic ticket from the state of: California
    Hi everyone,
    I was puller over by a cop right after he finished his business with another vehicle. He also showed my the reading on his laser gun which I suspect was from the previous vehicle. In order to contest my case, I would like to prove that the time he gave the ticket to the previous vehicle is too close to the time he puller me over. Can anyone suggest me a way to find the time records of tickets given by an officer on a day ?
    Suppose, in the court, the officer refuses to acknowledge that he did pull over a vehicle just right before me. What are my best defense if I don't have the time records of him to prove otherwise ?

    Thank you and much appreciated !
    Mike.

  2. #2
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    Sep 2011
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    OH10
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    Default Re: How to Obtain Time Records of Traffic Ticket Given by an Office on a Day

    Were you both traveling near each other and pulled over at the same time?

  3. #3
    Join Date
    Feb 2014
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    5

    Default Re: How to Obtain Time Records of Traffic Ticket Given by an Office on a Day

    Hi Disagreeable,
    I was traveling then I noticed a vehicle was puller over by a cop bike in outer lane. The cop was ready to leave when I passed him. Five seconds later, he pulled me over claiming I was over the speed limit.
    The device he used was laser gun so I assume he must be stationary when shooting. I did not see him do that even considering the timeframe.

  4. #4
    Join Date
    Oct 2013
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    334

    Default Re: How to Obtain Time Records of Traffic Ticket Given by an Office on a Day

    There is a police officer who posts on this forum. His goes by 'cdwjava' and is a real straight shooter. He will be able to tell you if an officer can use one radar reading to prosecute an entire pack of cars. I tend to doubt it because a radar reading is an accurate reading of one car. How will the officer state that he was getting a accurate reading off all the cars?

    IMO the policeman could be creamed on cross examination, but officers know they are rarely crossed by an expert.

    BTW - I did ask cdwjava if radar units have timestamps. He says no. Maybe the officer is a new 'green officer' where he recycles old speeds on his radar unit? Kind of a one size fits all approach.

  5. #5
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    Feb 2014
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    5

    Default Re: How to Obtain Time Records of Traffic Ticket Given by an Office on a Day

    I would like to clarify that I -did not- go over the speed limit. His claim is false and outright made up. Therefore, I can only prove myself innocent by showing the judge that he -did not- clock my vehicle speed because at that time he was busy ticketing someone else.
    Mike.

  6. #6
    Join Date
    Sep 2005
    Location
    California
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    20,594

    Default Re: How to Obtain Time Records of Traffic Ticket Given by an Office on a Day

    Do you know that he showed you a lidar? Or, could it have been a handheld radar?

    In any event, the officer can also use visual estimation of your speed as a valid form of measurement. You can argue that he is incorrect, of course.

    You can ask for discovery to include his activity log and any dispatch records for the day in question and that might reflect a prior stop. But, as I mentioned a prior stop doesn't mean he didn't estimate your speed ... and, of course, it really takes only a few seconds to use the lidar device, so depending on the time frame, it's possible that he did get an accurate reading.

    Keep in mind that if you go into court accusing the officer of lying without you will likely be shut down since there is no motive for the officer to lie. You can challenge his reading, his observations, even his recollection, but it's dangerous ground to accuse an officer of lying without proof - and even dispatch records or an activity log isn't likely to resolve the matter with objective certainty.

  7. #7
    Join Date
    Mar 2009
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    LA LA Land
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    Default Re: How to Obtain Time Records of Traffic Ticket Given by an Office on a Day

    Quote Quoting timebreak
    View Post
    I did not see him do that even considering the timeframe.
    There is no requirement that you see him do anything for your citation to be valid.


    Quote Quoting timebreak
    View Post
    Therefore, I can only prove myself innocent by showing the judge that he -did not- clock my vehicle speed because at that time he was busy ticketing someone else.
    You stated in a previous post (which I quoted above) that you did not see if he clocked your speed. You also stated that he was done citing the other vehicle and was ready to leave.

    Now you're saying that he did not clock your speed (how do you know if he did or didn't?) and you're saying he was "busy ticketing someone else (even though he was done and about to leave).

    This is a plan that will blow up in your face come court day. The judge is not going to allow you any leeway to flat out accuse the officer of lying. You don't even mention what speed he cited you for and my guess is that alone, will likely put a huge dent in the validity of your claim that you were doing the speed limit.

  8. #8
    Join Date
    Feb 2014
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    5

    Default Re: How to Obtain Time Records of Traffic Ticket Given by an Office on a Day

    Thanks all for the comments, he gave me a speed ticket of 57 in the 45 zone.
    If you recall my previous posts, I saw the cop before he saw me, at that time my speed was 45 (and slowing down due to the presence of the cop). Why would I speed up to 57 after I saw the cop ?
    I did not travel at 57mph on a local street , why would he ticket me for that ?
    Once again, what records can I possibly obtain to prove the time that he ticketed someone else right before me ?

  9. #9
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    Default Re: How to Obtain Time Records of Traffic Ticket Given by an Office on a Day

    My take on this is you have one of two good ways to proceed. You can charge the windmill and subpoena his tickets for the day, noting speed to see if you can form some kind of compelling argument you can sell to the court or you can take the path of least resistance, traffic school.

  10. #10
    Join Date
    Jun 2006
    Location
    Massachusetts
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    24,521

    Default Re: How to Obtain Time Records of Traffic Ticket Given by an Office on a Day

    I don't know about traffic radar guns, but I have some familiarity with sports radar guns (my husband used to be a baseball scout) and they do NOT hold the last speed more than about 30 seconds. After that they automatically clear back to zero unless you literally hold it in place by depressing a switch, and as soon as you release the switch it clears. You couldn't be accidently looking at a pitch more than 30 seconds ago without knowing it.

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