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  1. #1

    Default What Facts are the Police Required to Write on Speeding Tickets

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

    Foreplay: Picture this, 4th of July everybody’s on the street. Cruising on a surface street in the slow lane, then BAM cop was hiding in plain site, LIDAR WEEOOOWEEOOO. “You were going 52 in a 35” I ain’t ever dropped sum so fast (my jaw).

    I’m dead serious committed to win this case. Take note as to how cocky this f*ck thinks he is with his stubs of statements. This is aaalll the discovery they had on file. How do I get
    Failure to cite Laser Radar training
    Failure to cite calibration certificates
    Failure to state that the Laser was indeed tuned prior to his shift.

    Just beat a case in Kowlitz and plan to keep that momentum going.

    >>> Can anyone site any ORS stating what cops are required to cite in tickets? <<<

    https://imgur.com/gallery/bkqa9hM

  2. #2
    Join Date
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    Default Re: Cop Fatally Fails Writing a Ticket (Deadass B)

    It's going to be hard to beat the evidence of the lidar saying you were doing 52.
    By your own admission, you were doing 45.

    Either one is enough to convict you.

    The points you bring up have no bearing with regard to the citation. The citation is just a notice youv'e been charged. It is not evidence nor is it required to have all the elements of the case against you. The officer's notes on the back are for HIS benefit (though you were allowed to discover them).

    You can make your points when you go to trial, but since the state will be represented they have the opportunity to rebut them by providing the training and certification evidence.

  3. #3
    Join Date
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    Default Re: Cop Fatally Fails Writing a Ticket (Deadass B)

    The cop wasn’t trying to ruin anything. He was simply enforcing the law.

    Your admission of guilt to the officer doesn’t depend on the lidar or anything else you asked about. If properly prosecuted, your admission of speeding is all that is needed to convict you.

  4. #4
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    Default Re: Cop Fatally Fails Writing a Ticket (Deadass B)

    Sorry EJay, 846' isn't that far at all with lidar.

  5. #5
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    Default Re: Cop Fatally Fails Writing a Ticket (Deadass B)

    Quote Quoting sniper
    View Post
    Sorry EJay, 846' isn't that far at all with lidar.
    Yep, they're typically spec'd up to 2000'

    Quote Quoting Ejay
    If you requested these items in your discovery, he did not provide them and he attempts to use them as part of his foundation or case the court should strike them upon your request. Without their admittance you may be able to object to the radar evidence based on lack of foundation/hearsay.
    There's no obligation for him to advance his testimony so the "failure to state the the laser was tuned prior to the shift" is not discoverable. The statement is nonsensical. You don't "tune" lidar. (You don't tune radar either, the tuning fork is SOLELY for verification. Lidar just has to pass its own internal selftest to be valid). No advance notice to the defense is necessary for him to testify the unit was tested prior to use.

    Whether he has been trained or not is also not discoverable. No prior notice is required for him to testify he has been trained. Again "RADAR" training is irrelevant here.

    The lidar certification documentation is something that's possibly discoverable. You could certainly argue that it should have been disclosed.

    Note that in Oregon, it's at the court's discretion whether to exclude the evidence or compell production and grant a continuance. You can certainly ask for it to be excluded, but don't know if it will fly or not.



    Still hard to beat the self incrimination. Don't know if it makes any difference on the fine, but you might get it knocked down to the 45/35 or whatever.

  6. #6
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    Default Re: Cop Fatally Fails Writing a Ticket (Deadass B)

    Ejay, you DO realize that a number of those "items" are testimonial in nature and not subject to discovery, right? And that some of the items (like the manufacturer's manual) are not the agency's to provide?

    And, unless Oregon is sufficiently different than California, statistics (like the stats requested from the citations) are likely not required to be provided unless such stats are already gathered. I know that in CA we cannot be made to create a record when none is typically made for the information requested. Therefore, unless the agency captures the given stats on daily citations (such as the make and model of a vehicle, the race of the driver, etc.) they cannot generally be forced to create such a record.

    Some of these items might only be provided if a judge orders it, and even then some of these (like testimony) and proprietary and copyrighted manuals are generally outside the scope of discovery. Though, Oregon law may differ in some ways than CA.

  7. #7
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    Default Re: Cop Fatally Fails Writing a Ticket (Deadass B)

    Quote Quoting EJay
    View Post
    Here is a list of items you may choose to discover:
    Good discovery is a bit of an art. One of the things most pro se parties do not understand is that discovery of documents only allows you to get those things that already exist and that are in the possession of the opposing party. The only way to get discovery of testimony is through taking depositions, and depositions are not generally available for criminal cases and cases involving infractions/civil fines. What this means is that asking anything that calls for the opposing party to create something is typically not a good request and the opposing party does not have to give it to you. You also have to be careful to ask only for those things that are relevant and not submit requests that are unduly burdensome/costly.

    Your list has items that are likely to be things the DA does not have and thus will end up not being provided. I also note that you must have copied this from some (much earlier) post as it is clearly specific to California and the OP is in Oregon and you several times refer to a citation date of May 14, 2009, and of course the OP's citation is much later than that.

  8. #8
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    Default Re: Cop Fatally Fails Writing a Ticket (Deadass B)

    Quote Quoting sniper
    View Post
    Sorry EJay, 846' isn't that far at all with lidar.

    I concur.

    It's difficult for him to judge since he's never used a lidar set to do speed enforcement.

  9. #9
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    Default Re: Cop Fatally Fails Writing a Ticket (Deadass B)

    Quote Quoting EJay
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    True true. I guess I'm just thinking a little hand shake would have a huge impact at that distance.

    I know the beam can travel extremely far in ideal conditions but to aim 800+ feet without a tripod and be confident you didn't swipe the vehicle while trying to track it or bounce it off another vehicle accidentally seems tough.
    Are you trained in the use of one and how much experience do you have in using one? (That's rhetorical)

  10. #10
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    Oct 2016
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    Default Re: Cop Fatally Fails Writing a Ticket (Deadass B)

    Quote Quoting EJay
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    ...be confident you didn't swipe the vehicle while trying to track it or bounce it off another vehicle accidentally seems tough.
    You mean "sweep"?

    The lidar sets I have used will display an error if one sweeps. They are designed that way.

    "Bouncing it off" another vehicle is a bit ridiculous.

    Unless you've used one you have no real idea just how easy it is.

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