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Old 04-22-2009, 12:00 PM   #1
Htownz
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Your Word Vs. Cop's Word

Got a ticket (HPD) recently on 1-45 Fuqua coming down the overpass in front of Alameda Mall. Cop said I was going 80 in a 60, but I know I wasn't going that fast. Asked to see the radar and was told "it doesn't matter, it's already recorded"

Have any of you contested a ticket where it was just your word verse thiers? Any advise/experiences you guys can share?
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Old 04-22-2009, 12:03 PM   #2
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shoulda asked.. whats the problem with you seeing the radar then.
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Old 04-22-2009, 12:04 PM   #3
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shoulda asked.. whats the problem with you seeing the radar then.
Yeah I was trying to decide whether I should push for it or not at the time...
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Old 04-22-2009, 12:05 PM   #4
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Old 04-22-2009, 12:07 PM   #5
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david sprecher atty at law. he will win for you. trust me. 4 tickets in 5 years. all dismissed. he is in montrose area. 100$ you win trust me.
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Old 04-22-2009, 12:10 PM   #6
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david sprecher atty at law. he will win for you. trust me. 4 tickets in 5 years. all dismissed. he is in montrose area. 100$ you win trust me.
$100 huh? Not bad I may do that. I figured I would reset the case a couple times to allow the clown to forget since Lubbock dockets' are way backed up. Should be months for a new date to surface.

But has anyone ever fought one where it's just you and the cop, no evidence but your word? Has there ever been a case won like that in history?
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Old 04-22-2009, 12:16 PM   #7
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Quote:
Originally Posted by Ulric View Post
shoulda asked.. whats the problem with you seeing the radar then.
why? your never going to win a roadside court........

goto court and

a) defend yourself (which chances are very high you'll loose) GUILTY!
b) take def. driving
c) hire a lawyer

it's a speed tax, you've speed before. now your paying the piper.
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Old 04-22-2009, 12:17 PM   #8
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fuqua and 45 right? thats houstonpd right? sprecher is famous. dont do it alone. you dont stand a chance
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Old 04-22-2009, 12:23 PM   #9
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why? your never going to win a roadside court........

goto court and

a) defend yourself (which chances are very high you'll loose) GUILTY!
b) take def. driving
c) hire a lawyer

it's a speed tax, you've speed before. now your paying the piper.
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Originally Posted by burnboy View Post
fuqua and 45 right? thats houstonpd right? sprecher is famous. dont do it alone. you dont stand a chance
Yeah I've done the DD and pretty much recognize all my options. It's really not about the logistics, more of if you can defend yourself in the system based on your word. Has anyone themselves or know of anyone fighting it just based off of thier/your word?
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Old 04-22-2009, 12:27 PM   #10
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i've fought tickets and won before, but it comes down more to the facts you can present to the judge than to your word against theirs
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Old 04-22-2009, 12:29 PM   #11
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It's rare, but it does happen.

I was jury foreman for a traffic/municipal court case a few years ago, and we found in favor of the defendant. He was accused of speeding, but the cop didn't provide enough evidence that it was the defendant who was guilty versus other vehicles in the path of the radar gun. Other varibles were also taken into account, but the bottom line was that the ticket was dismissed after we found the defendant not guilty. It must be noted that the accused did not wing it alone - he had a lawyer.
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Old 04-22-2009, 12:32 PM   #12
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Old 04-22-2009, 12:33 PM   #13
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It's rare, but it does happen.

I was jury foreman for a traffic/municipal court case a few years ago, and we found in favor of the defendant. He was accused of speeding, but the cop didn't provide enough evidence that it was the defendant who was guilty versus other vehicles in the path of the radar gun. Other varibles were also taken into account, but the bottom line was that the ticket was dismissed after we found the defendant not guilty. It must be noted that the accused did not wing it alone - he had a lawyer.
That's some good news. It's good to know you can beat the radar with a credible argument.
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Old 04-22-2009, 12:33 PM   #14
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Your word vs. his word = you lose. Either do deferred adjudication, def. driving, or hire a lawyer to get you off. If you don't do one of the above you will be convicted.
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Old 04-22-2009, 12:35 PM   #15
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i've fought tickets and won before, but it comes down more to the facts you can present to the judge than to your word against theirs
What counts as factual if it's merely hearsay, since it's just you're statments verse the cops? Glad to know you won. There has to be some cases out there where you don't have to be out any money, and simply state the truth as you see it without any arbitration.
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Old 04-22-2009, 12:39 PM   #16
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Officers are considered "friends of the court" as told to me by an atty. That basically means the when it comes down to just "he said, she said" then the officer's word is chosen as the fact.

Good luck. you gonna pay either the fine or the atty to fight it and win the case. in the end though, you still gonna pay.
That's what I'm trying to get at though. Can you do it alone without an attorney? There has to be some judges (maybe in Harris County) /Juries that listen to folks without at attorney. I've gotten plenty of tickets and have gotten them dismissed in one way or another, but if the cop shows up and it's your word vs.thiers, is it even worthwhile to go that route having heard of no successfull instances? There has to be some, and those are the stories I'm looking for.
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Old 04-22-2009, 12:39 PM   #17
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Quote:
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What counts as factual if it's merely hearsay, since it's just you're statments verse the cops? Glad to know you won. There has to be some cases out there where you don't have to be out any money, and simply state the truth as you see it without any arbitration.
I don't think so. The cops testimony isn't heresay. He's a professional who hit you with radar. That's a fact. Even if he's lying it'll be considered as a fact.

Who would side with you when the officer witnessed you speeding and has the radar locked on you to substantiate that claim. He's a pro, probably been doing it for years. You won't win if all you've got is that you "know" you weren't speeding.
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Old 04-22-2009, 12:45 PM   #18
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I don't think so. The cops testimony isn't heresay. He's a professional who hit you with radar. That's a fact. Even if he's lying it'll be considered as a fact.

Who would side with you when the officer witnessed you speeding and has the radar locked on you to substantiate that claim. He's a pro, probably been doing it for years. You won't win if all you've got is that you "know" you weren't speeding.
Well the radar has been beaten as written above. He was on the downslope of the overpass and there were MANY cars around me.

I don't know about the cop being a professional. I hear you, but it just seems like there are many cases that are in favor of the defendant regardless of thier driving record. I'm sure a cop's words are heavier than mine in a court system. But there has to be some cases were people have won, presenting thier argument as they saw it.
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Old 04-22-2009, 12:51 PM   #19
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Your original question was whether your word vs his word could work. It can't.

If he radared the car next to you and you appeared to be going the same speed then he might as well have radared you. It makes no difference how many cars are on the road. Traffic really only comes into play when the officer is using laser. I doubt he was.

Now, if you think you have some "evidence" that might cast doubt on the officer's story, yeah you might win. I seriously doubt it though. From everything you've said it's a lost cause. You aren't a lawyer and don't have the expertise to defend yourself in a case like this. Just pay the $100 and let the lawyer do the work for you. That's your best chance.

I hope I don't sound like I'm arguing or being rude, I would hate for you to go into court trying to minimize the cost of the ticket and leave with a fine and points on your record, higher insurance, etc etc.
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Last edited by Intrinzik; 04-22-2009 at 12:53 PM.
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Old 04-22-2009, 12:54 PM   #20
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What time of the day were you clocked? I ask because the only time you can do less than 70 is in rush hour trafic.....I know, I live there (22 years) and drive to west park and 610 every day. And most of the cops are using lazer now, but if he says it is recorded, have hime bring that to court!
$100...cheap!
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