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Like sands through the hourglass, so are the days of our lives.
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Since it's been 11 years, between tickets, it's more than likely that the case will be dismissed...with a warning.I wanted to post my experience and I am interested in hearing any advice you may have.
So on April 2020 I was driving to work (hospital employee). I was on 26 East bound at approximately 9:40PM going to downtown Portland from Beaverton. I was on the far right lane and going about 55 MPH (that is the posted speed limit). As I am passing the zoo exit, I see a dark SUV on the West side on ramp. Immediately I figured it was an unmarked unit.
I use waze GPS and a Valentine 1 radar/laser detector. I drive safe and within the speed limit, the detector is just to let me know if any speed traps are near me. Do I go two or three miles over the limit sometimes? yes, but I do not drive crazy. When I am on the back roads, sometimes I do drive a bit spiritedly.... come on now, I drive a manual Mustang lol, but I digress. Oh btw I haven't had a ticket in like eleven years....
So I see what appeared to be an unmarked unit around the zoo exit, I was not concerned much as I was driving within the speed limit. And I should mention that I did not receive any laser warnings, and I will get to that in a bit.
So after the zoo exit, speed limit falls to 50 MPH. As I approach the 50 MPH zone, I take my foot off the gas and just coast (while in gear) and my speed drops down from 55. I was probably not going 50, maybe 52 or 53. Of course I still had to slow down a bit here and there before the tunnel because while in gear and coasting, I could gain speed. So, I go through the tunnel, stay to the left as if I was gonna get on I-5. I then take my first exit to the right to get back into downtown.
I get off the highway and once I cleared the off ramp, I see one head light behind me. I had a feeling it was a police bike, but I had nothing to worry about so I was like.... meh. Next thing I know, bright strobe lights go off and I am getting pulled over.
I pull over and discover that it was a Portland Police bike.... great! ugh.... So the officer came up to my window and asked for my license and nothing else. I told him I was carrying legally, he asked where the gun was and I told him and he was fine with the whole thing.
It took him a few minutes and I knew he was gonna give me a ticket. So he came back and told me I was doing 75 in a 50 and gave me a $270 ticket. I was shocked! I asked him a few questions and discovered I was lasered. He said he lasered me but I think the dark SUV facing West on 26 on ramp was the one that tagged me, but I did not get a laser warning from my Valentine 1 when I passed the dark SUV.
There is no way I was going 75. If I was going 75, I would have been hauling butt and traffic was very light. Was my speed between 50 and 55? yes, probably, but I swear on my grandmother and uncle's graves that I was not going 75 MPH.
So the court is extending everything out 90 days, when my plea date comes up, I will plea not guilty! and they will set a trial date for me.
I plan on filing motion for discovery so I can obtain as much information as to what happened. I feel like something dishonest has taken place. I feel like the odds are against me however. My word against a sworn peace officer with speed detecting equipment. Also a second officer was involved so two vs. one.
If they do not provide me with requested information, I think I may be able to file for dismissal but I am not sure. If the officer does not show up, I know the ticket will get dropped.
Anyone with good advice?
Any retired or active LEOs that can comment on what I can do?
I stated that I was running waze GPS earlier, so I downloaded my location files, I did not see a log of my speed, just places I have been etc. I thought about going to the dealership to extract information out of my car's "black box" but I was not in an accident and I don't know what information was stored for how long etc.
Thanks folks.
Good advice. I speed with anything I'm driving. My first 3 speeding tickets were in my '66 Dodge Charger. The limiter kicks in on my Dodge Neon at 120. I've only had my Dart to 105.....so far.Not saying you're guilty BUT...…………..
You're driving a Mustang, manual trans.. Is it a GT or more, GT 350/500, Shelby, Cobra? If the answer is yes, I'd like to point out that at no time in my history(for what it's worth) have I owned a fast car, and I've owned a few, did I not speed. Further more, only old people buy a fast car and drive like old people. Unless you're old, well...……….
Also, the fact that you have a radar/laser detector in your car and not a cheapo, I might add, me thinks maybe you were speeding. Maybe not where you think they hit you with a SMD but earlier. I know it's real easy to go faster than you think you are in newer hotrods, I had a Challenger R/T a few years ago and sometimes it was hard to keep it under 75.
Good luck though.
Yes, anything can happen on any given day. I got two speeding tickets on Dec. 13, 1973....none since. Carrying my ODL on one side of that black basket weave ID/wallet, probably has made a difference.Since it's been 11 years, between tickets, it's more than likely that the case will be dismissed...with a warning.
Of course, this IS Oregon, the state that ticketed my buddy for not using his turn signal when he pulled over to see where I was (we were on motorcycles), so anything can happen...
That's true.I've fought tickets and won by showing up and giving my account.
Nothing to lose but money.
All good advice.You should ask for the officer's copy of the citation and any notes made on it or made in relation to his stopping you. Look at the ticket and see if there is any info on the type, model, serial number of the radar, laser, lidar unit and ask for any certification, maintenance and testing of the unit, especially any test performed by the operator that day. Ask for 10-30 days prior to and after the date you were ticketed. If traffic cams cover your driving, ask the city or state for copies. also a prior person posted some other tings to ask for. There is a prior post with a list of what to ask for. Good info. Probable duplicated some here. There is a semi-formal legal document - subpoena duces tactum (not sure on last word spelling). In your case it would be served on the agency that wrote the ticket. They are then required to provide you the information asked for by a certain date. If they don't, either your case gets continued or dismissed. A dash cam is a good idea. It doesn't necessarily have to have a speed reading, but it will show the motion of other vehicles on the road with you. Agency I worked for required officers to test the unit, after the picked a spot, before issuing a single cite. Then had to test at the before they left the area. Also get info on the tuning forks. if any go with that unit, should be 2, with serial numbers. They have certification and maintenance records also. Good Luck.
With many years of traffic enforcement under my belt I would recommend...don't hire a lawyer. The best thing you can do is explain exactly what happened. Cops make mistakes. I've been wrong before and gladly admitted when I did so. Judges understand that as well. I would contact the court and ask them how to request discovery for the officers training records, maintenance and testing records for the Laser, etc. Your driving history is a major consideration. Sorry for saying this, but I have never, ever, encountered someone with a radar/laser detector who had it to promote safe driving. Be that as it may, a health care worker on his way to work..... I doubt any judge would allow the ticket to stand as it is. I would be willing to bet that he'll make it a warning. Above all else, don't BS anyone.
Good luck I wish you well and thank you for your service.
It showed time and place but not every single step.
I have reenacted my driving from that night, it indicated that I was between the speeds of 52-55. If I didn't intervene by tapping ony brakes and kept cruising, I was getting close to 60 mph before the tunnel. So without me using the gas, I have no idea how I was going 75 mph that night, assuming the cop was being honest and had properly functioning equipment.
If it was one guy on an overpass with a laser or radar and a separate guy that pulled you over and issued the ticket, then they BOTH should be REQUIRED in court (or online). That's because the first officer must testify to the visual estimate of speed, the reading on the device, the clear assignment of speed to a single vehicle (ie, you), and the testing documents to prove the documents were properly tested within the guidelines of your state (usually tested daily before/after the officer's shift). He would also have to testify as to how he ID'd the vehicle for the 2nd officer (to he sure he was pulling over ther correct car). The second officer would have to testify as to how he ID'd the car (to be sure it was the correct vehicle from the 1st officer and he would have to testify as to how the driver was identified (ie, via your Drivers License). If either is a no-show, they won't be able to prove their case (in a legitimate court). The exception is if the radar officer actually came to the traffic stop after, then he could testify to both.I checked my mail today, the letter finally came and my court date is for October 2021. It is going to be an online trial....... laaaaame! I wanted to face some people lol.
According to the letter, only the Officer I ran into on my last post is scheduled for the hearing (the motorcycle officer, the one that wouldn't take the dang cookie).
On the ticket there are two different officer names. The first one is the bike officer and the second name is the officer that I assumed was in the patrol car on the overpass.
I wonder if the officer not showing up has retired, I wonder if it's all being dumped on the motor bike officer.... I guess I'll find out in a few months.
All the officer had to do was to take the dang cookie. Now I have to take a few days off work to mentally prepare myself for my video trial ahahahahahahahah.... what a Sh!t show this has turned into.
I'll keep you guys posted lol
Big D out.