| I received a ticket last month for 89mph in a 55 zone (the Dallas North Tollway). Since I'm moving to L.A. in less than a month, I had to beg the judge's assistant to give me a court date before I moved away. She said "okay honey, you're going to come in next Monday!" In addition the extensive preparation I required, I was going to be out of town for 4 of the following days and putting my Z on the market when I got back. What a busy week! My day in court was actually a bit anti-climactic (but read on). During the week I had to prepare, I called a nearby jurisdiction and asked if they had any traffic court days this week. I was in luck, I could come in later that day and sit in on some hearings to get a feel for what they went like. I attended, but the only action was just a bunch of plea bargains by the prosecuting attorney, no trials. Fast forward to this morning, my scheduled day in court. Over the past week I prepared an extensive line of questions (the following are trimmed down from several pages) designed to trap the state trooper into admitting that I could not have possibly been doing 89. Read further to see the notes I prepared for my cross-examination of the officer. Unfortunately, I never got to use them. It turned out that the prosecuting attorney for my jurisdiction is the same guy who I observed the previous week elsewhere, so I knew the types of plea bargains he likes to offer. I listened to about 5 people be called up by him (judge nowhere in site yet) and he offered them all "pay your entire fine, but i'll give you defensive driving and it won't go on your record. Do you accept?". They all took it, but I wanted more. When he called my name, I walked up with my folder of notes and aerial photos printed onto 5x7 glossy paper...complete with Photoshopped annotation and distance identification. I slid them out of my folder just enough for him to see that I'm prepared to give him a fight if he should want to go to trial. He proceeded to offer me the same plea bargain the others received: I'd pay the entire $251 fine, but go to defensive driving and get it off my record. I said "I appreciate the offer, but you'll have to do better if you want to avoid a trial". He glanced over at my half-uncovered documents and photos and raised his eyebrows at the amount of ammunition I had. He started pondering to himself, mumbling "hmm...but 34 over is quite excessive...hmm....what to do..." He then proceeded to offer me a new plea bargain: I'd pay just $175, and it wouldn't go on my record at all. I took it. I slightly regret it now, because I was ready for a fight, but I took it because I saw the state trooper going into the judge's quarters and I decided it's too possible for something to go wrong in the trial (my first ever) and therefore I would be found Guilty. Here are the notes I was going to base my cross-examination of the State Trooper on. I spent a long time reading up on laws and tactics, and planning my attack. Too bad I never got to use it. The way I had it formatted reads more like a flow-chart than how it is printed here, and I had it basically memorized including retorts that I did not write in my notes. I also had more photos and diagrams for the courtroom, and I know all about objections and things I can catch the prosecutor on during his examination-in-chief. I've made the best points in bold: ---------
How are you doing this afternoon? How long have you worked as a State Trooper? Of the tickets you issued in June, how many do you believe to be valid and accurate? Would you agree that a valid ticket would be one in which there must be no possibility of radar error, that it is an approved radar unit, and that it is not based on unreliable information? (write answer)
Could you describe the volume of traffic on the Tollway Southbound at Forest Ln. on June 23rd 2003 at 11:11 AM?
I would like to enter into evidence these photos. I have indicated your location on the shoulder. Here is a photo of that location. Do you agree that this was your location? 
What did you use to measure my speed? Be specific Did you use anything else? (write answer) (check CPL list)
(if not on list)...I would like to enter into evidence the IACP CPL List.
Are you aware that your unit is not approved by the International Association of Chiefs of Police, as required by law?
Earlier in your testimony you maintained that in order for a ticket to be valid, it must be issued based partly on a reading from an approved radar unit. This unit is not approved, so do you still consider this ticket to be valid? What speed was your audio Doppler set for? (write answer) (if he turned it off) How did you turn it off on this model? (if he has audio Doppler) In keeping with the requirement by law that you form an independent visual estimation of speed prior to being influence by the radar, when you determine speed visually...do you do so before your unit has sounded its alarm? (if yes) Why did you believe me to be speeding when your unit said I wasn’t? (so I was going below (# he set it for)? (if no) So that means you did not form an independent opinion before using the radar unit, going against the laws regarding radar use? (if he has audio) How many seconds did you see me before your alarm went off?
(write down # of seconds) (if no audio) How many seconds did you visually track me? (write # seconds) Was your automatic speed lock engaged? (if no) How many seconds did you look at the reading before locking in the speed? (write # of seconds) (if yes) How many seconds did it take from the time the speed was locked in until you noticed the speed displayed? (write # of seconds) How many seconds did you track my vehicle after you locked in the speed before you decided to make a stop? (write down # of seconds) (if made decision before locking) You decided to stop me BEFORE verifying speed? Can you estimate how many feet from your position to the earliest spot you could see my car come over the hill? (write down) [photo is only a scenario representation]
 (if he could see me on other side of overpass) At what distance can you estimate a car is doing a certain speed? 250 ft.? 350 ft.?
(if smaller than 448 ft., good)
(if larger) “Based on satellite photo measurements, it was in fact approximately 448 feet” 1 sec = 130 ft
2 sec = 260 ft.
3 sec = 390 ft.
4 sec = 520 ft.
5 sec = 650 ft.
6 sec = 780 ft.
7 sec = 910 ft.
8 sec = 1040 ft. If I was only (feet) feet away when you first saw me, and (total) seconds had passed before you decided to stop me, that means I would’ve gone (feet) feet at 89 miles per hour. How could I still be approaching you if I was moving at the speed you claim? So there is no way I could have been going 89 if you went through the procedure you outlined? So I wasn’t going 89 was I?
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What is the beamwidth of your radar unit? (at 250 ft., beam is 40 (15 degrees) to 85 ft. (30 degrees) wide) Are you aware that at (feet) distance and with (degrees) beamwidth, the beam is approximately (feet) wide? If the beam is (feet) feet wide, wider than all 6 lanes, how can you be sure it hit what you aimed at? Earlier in your testimony, you maintained that a possibility for radar error would make a ticket invalid. Do you still believe this to be a valid ticket despite the likelihood of radar error? No further questions, Your Honor.
-------- I would've had the chance to kick some ass! Oh well...$175 and a new experience later, I'm not too bitter that I took the easy way out.
- Ty Martin
My Z is for sale: Click here!
Thou shalt not place rear wheel on backwards |
My Day In Court for 89 in a 55 (long) - 
