Results 1 to 4 of 4

Hybrid View

  1. #1
    Join Date
    Nov 2016
    Posts
    2

    Question Do You Have Discovery Rights to Radar and Patrol Car Video Information?

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

    First let me say I read Aaron's "Fighting A Speeding Ticket", but I still have questions. Interesting but not relevant the guide was published on my Bday.
    I see there is already a similar thread from 2010 but it's for a hearing, and I opted for TBA due to the fact that I can not be at the specified date and time set. I suspect that due an extenuating circumstance that the citation I received is unfounded, While I have no idea what my speed was at the time in question, I do know it was in a 30 MPH speed zone and I do believe I was observing the speed limit if not only over a few MPH given the unsafe driving conditions, I'm not like other careless drivers who increase their speed in worse conditions. It was raining hard and I believe I just approached a downgrade.

    I have an automatic and I had just shifted from 2nd into Drive. The officer claimed he clocked me over 40, the officer dropped the offense to 40 in a 30 to give me a break, I can't say what the speed is he clocked me at originally as it's not on the citation it only says 40 in 30, I may have been going a little faster than 30 but certainly not near 40, that may have been to keep in line with the flow of traffic. The other circumstance and I believe this one is more pertinent, is that the radar radar may have clocked a nearby vehicle mistaking it for mine. So the extenuating circumstance of traffic flow added to the fact that I do not know if my vehicle may have been clocked by mistake or the radar calibration was off leads me to suspect I am a victim in this case. Now all that said, from what I have read online I have a right to request radar info, does this apply to TBA or just to a Hearing?

    I realize that I will most likely lose with TBA, given the fact that TBA is usually a guilty verdict, not to mention Oregon is a Trial By Ambush state. I understand that according to the city violations bureau I can appeal to a county circuit court should the judge find me guilty. I pride myself on my defensive driving skills and excellent driving record, not having a moving violation in 20 years,I am not about to just roll over, pay the "presumptive" fine and take points on my record and watch my insurance premiums go up, or attend online traffic school and shell out $130 for the infraction and $45 for the school, even though they offer financing and it will keep the alleged violation off my record. If I have the right to question and fight the alleged violation/citation I'm going to, but without any evidence from Radar or Video I don't think I stand a chance. If I can't get either from Discovery and that's obviously once I appeal, can I get it through subpoena will I need an attorney at that point?
    Thanks in advance for any response.

  2. #2
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Do You Have Discovery Rights to Radar and Patrol Car Video Information?

    Quote Quoting Sim8t3
    View Post
    While I have no idea what my speed was at the time in question, I do know it was in a 30 MPH speed zone and I do believe I was observing the speed limit if not only over a few MPH given the unsafe driving conditions, I'm not like other careless drivers who increase their speed in worse conditions. It was raining hard and I believe I just approached a downgrade.
    So you have no idea if you speeding or not? How can you claim the officer made an error when you don't know how fast you were going?

  3. #3
    Join Date
    Nov 2016
    Posts
    2

    Default Re: Do You Have Discovery Rights to Radar and Patrol Car Video Information?

    FYI, at this time I can't even say how fast I was clocked as the alleged speed I was going since I don't recall what the officer said and it was omitted from the citation. If I had said I knew the speed I was going I would be lying, therefore I can not use that as an argument since the officer did advise me that the conversation was being recorded he most certainly would use that against me. My argument lies in the fact that whatever the speed he clocked me at if indeed the calibration was not off on the radar as often it is and given the fact that Oregon is a state the requires regular Radar testing, the radar may have been inaccurate clocked a vehicle that was going faster than I was because despite my not looking at the speedometer and swearing I was going a certain speed, my wife and I agree I was not going faster than I usually do or the flow of traffic, the speed may have been warranted due to the flow of traffic as it clearly states in the Oregon Driver's Handbook, you must obey the posted speed limit or go at the speed of the flow of traffic to ensure safety that means either way as in the case where on the interstate where the speed limit is posted 65 and everyone is doing at least 70 or more going 65 or lower can cause an accident, in this case I believe as usual drivers were in a hurry to go somewhere as usual the flow of traffic was fast despite the weather conditions since most motorists around these parts don't exercise extra caution in unfavorable weather since they are used to it. Anyhow If you can answer my questions great otherwise since Please understand I'm in a time crunch and I would appreciate you as well as anyone else, not adding to what is a already a very difficult frustrating situation! Thanks.

  4. #4
    Join Date
    Apr 2014
    Posts
    193

    Default Re: Do You Have Discovery Rights to Radar and Patrol Car Video Information?

    Per page 15 of the Oregon Driver Manual -

    The basic rule states you must drive at a speed that is reasonable and cautious for existing conditions. The basic rule applies on all roads at all times. To obey the basic rule, think about your speed in relation to other traffic, pedestrians, bicycles, the surface and width of the road, hazards at intersections, weather, visibility, and any other conditions that affect safety. The basic rule does not allow you to drive over the speed limit.

    https://www.odot.state.or.us/forms/dmv/37.pdf

    The clear intent is that if conditions are not optimal, slow down and never exceed posted or statutory speed limits. If traffic is going 5 or 10 mph over the speed limit and you join them, you are fair game for a speeding ticket. Radar is required to be calibrated every one to two years and daily tests (at a minimum) are required to verify accuracy within +/- 1 mph, if was recently calibrated and the officer says he tested it that day, the radar is correct. If it was raining hard at the time with significantly reduced visibility, the safe and prudent speed may well have been ZERO mph.

    1. Sponsored Links
       

Similar Threads

  1. Discovery: How to Get a Copy of a Patrol Car's Video Recording for a Traffic Ticket
    By jajones1979 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 02-03-2015, 06:30 PM
  2. Speeding Tickets: Discovery Documents for a Radar Gun
    By Din in forum Moving Violations, Parking and Traffic Tickets
    Replies: 7
    Last Post: 05-22-2011, 02:48 PM
  3. Speeding Tickets: CHP Speeding Ticket with No Radar, Laser, Patrol Vehicle or Distance
    By x4words in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 01-11-2011, 09:33 PM
  4. Speeding Tickets: Radar Discovery in Washington
    By GDriver in forum Moving Violations, Parking and Traffic Tickets
    Replies: 9
    Last Post: 12-02-2010, 07:56 AM
  5. Speeding Tickets: Can the WA State Patrol Sit on Private Property and Shoot Radar
    By rangergts in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 03-02-2009, 02:07 PM
 
 
Sponsored Links

Legal Help, Information and Resources