Possible defense? Officer failed to follow callibration procedure.
This is a discussion on Possible defense? Officer failed to follow callibration procedure. within the Traffic & Speeding Tickets forum, part of the CRIMINAL LAW, ARRESTS, TRAFFIC TICKETS category; I've not yet attempted to request any other documents recommended used in defense of a speeding ticket but I intend ...
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I've not yet attempted to request any other documents recommended used in defense of a speeding ticket but I intend to.
My question however is if I can use the following to my advantage. When I was pulled over the officer stated that he passed me on the opposite lane and made a U turn to pull me over. When he clocked me, he stated it was at 71 at which point he says I speeded up and made it look as if I was going to run. I pulled over and he issued me the citation. It was only after signing did he ask, and state that he was required by law, if I wanted him to calibrate the unit. Now my short time researching has yielded this. Quote:
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yes that can be very detramental to the case against you, if the officer wrote the citation before asking you, then technically speaking (and eveything in court is based on technicalities) he had no right to give you a citation, just like when you arrested nothing you say can be LEGALLY held against you UNTIL you have been read your miranda rights, so if you decide to fight the ticked make that a strong point in your case, but if you could please answer me one question, where the hell do you find information about the traffic system like that, i live in michigan and cant find anythign about the rules and regulations on radar and laser guns and tuning forks and certificates.... maybe you can help, if so please reply to my email kvardiman812@yahoo.com
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