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  1. #1
    Join Date
    Jul 2007
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    26

    Default Defenses to a Radar Ticket in Indiana

    I have a trial for a speeding ticket in Indianapolis, Indiana in the next few days.

    I was issued a speeding ticket for driving 67 mph in a 55 mph zone. I had requested the cop to give me a copy of his RADAR training certificate and RADAR log (i.e. RADAR reading) that shows/evidences that I was driving at 67 in a 55 mph zone.

    I was told by the cop that he did not attend any in-class or specific instructional training with respect to the RADAR device he used. He did not have any training certificate(s) in the use of RADAR(s), whatsoever. It appears that another officer showed/trained him how to operate the RADAR device he used to issue the speeding ticket.

    Also, the cop did not give me a copy of the RADAR log (i.e. RADAR reading) that shows I was driving at 67 in a 55 mph zone. He did not save the RADAR reading, and hence, he could not give me a copy of the RADAR log (i.e. RADAR reading). Basically, in the court, it's his word against mine.

    Can the Judge find me guilty of speeding on the sole basis of cop's oral testimony without RADAR reading and without adequate RADAR training?

    Any specific Indiana Court of Appeals cases that I may use to beat this ticket?

    I would appreciate if any of you could help me with ideas to contest this ticket. Thank you.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Indianapolis/Indiana Speeding Ticket

    Cases are not tried on the side of the road. The officer is not obliged to provide you with logs or certifications then. The officer's statements to you on the side of the road are not "testimony." You can certainly raise this argument at trial if they don't have them available then.

  3. #3
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Indianapolis/Indiana Speeding Ticket

    Quote Quoting Roll Eyes
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    Can the Judge find me guilty of speeding on the sole basis of cop's oral testimony without RADAR reading and without adequate RADAR training?
    Yes. As Indiana does not require any RADAR certification that I can find, nor does it require logs be kept, the officer's testimony will be enough to convict you.

  4. #4
    Join Date
    Jul 2007
    Posts
    26

    Default Re: Defenses to a Radar Ticket in Indiana

    Quote Quoting Roll Eyes
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    I have a trial for a speeding ticket in Indianapolis, Indiana in the next few days.

    I was issued a speeding ticket for driving 67 mph in a 55 mph zone. I had requested the cop to give me a copy of his RADAR training certificate and RADAR log (i.e. RADAR reading) that shows/evidences that I was driving at 67 in a 55 mph zone.

    I was told by the cop that he did not attend any in-class or specific instructional training with respect to the RADAR device he used. He did not have any training certificate(s) in the use of RADAR(s), whatsoever. It appears that another officer showed/trained him how to operate the RADAR device he used to issue the speeding ticket.

    Also, the cop did not give me a copy of the RADAR log (i.e. RADAR reading) that shows I was driving at 67 in a 55 mph zone. He did not save the RADAR reading, and hence, he could not give me a copy of the RADAR log (i.e. RADAR reading). Basically, in the court, it's his word against mine.

    Can the Judge find me guilty of speeding on the sole basis of cop's oral testimony without RADAR reading and without adequate RADAR training?

    Any specific Indiana Court of Appeals cases that I may use to beat this ticket?

    I would appreciate if any of you could help me with ideas to contest this ticket. Thank you.
    I did lose the case that was the subject of my original post based on officer's testimony. I did pay the fine of $XXX, although I did not speed, because I did not want to lose my driving privileges. A few points were also added to my driving history/record at the BMV. But then, I went ahead and started a Trial De Novo (i.e., a new trial) in the county court and asked to vacate the judgment entered against me in the city court, to remove the points added to my driving record at the BMV, and to give me a refund of the $XXX fine I paid to the city court.

    After the trial de novo case went through several continuances (i.e., postponements) for several months, all of them requested by the city attorney, I won my trial de novo case. The county court judge vacated the city court judgment entered against me and notified BMV to remove the points added to my driving record. However, the county court judge did not grant the refund of the $XXX fine I paid to the city court.

    I went pro se (represented myself) in both city and county courts. I was given a lot of hard time at both the courts. If I had hired an attorney, I think I would have gotten the refund of the fine I paid to the city court and would have won my case relatively easier and faster, but I would have also shelled out more money to the attorney than the fine itself.

    Quote Quoting Roll Eyes
    View Post
    Any specific Indiana Court of Appeals cases that I may use to beat this ticket?
    Smith v. State, Marlatt v. State, and Charley v. State come to my mind, instantly. I used a few other cases as well, in my defense.

    In my case, I had a very strong case and the city (i.e., the state) had a very weak case.

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