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Old 04-22-2010, 10:19 PM   #10
79T/A
 
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Join Date: Feb 2007
Location: Wantage, NJ
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1-14 over is a 2 point ticket, but from what I understand, 5mph or less is no reason to even run your plate, let alone pull you over.. between that and the fact that he was in the right lane, within a pack of cars and it appeared he was getting off at the next exit so I doubt he was even fast enough to grab my mph, I don't believe he has a speed on me. He couldn't tell me how fast I was going, and generally they say right away if they do.
I gotta break this down a little.

Quote:
1-14 over is a 2 point ticket, but from what I understand, 5mph or less is no reason to even run your plate, let alone pull you over..
I understand that this is the general belief that the public has on speed enforcement, and I'll admit, most cops won't bother with someone doing less than five or ten miles per hour hour over the speed limit, but there's nothing in Title 39 that says they can't. And a cop can run your plate randomly anytime he/she wants to (Note: By randomly, I mean that the officer can run the plate through the computer in a random mode that only reveals the make, model and year of the car unless it or it's owner is suspended, wanted, etc. For a detailed inquiry that includes the owner's name and address, there must be reasonable suspicion.) The actual stop requires an articulable reason, such as a violation, well-being check, or investigation.

Quote:
between that and the fact that he was in the right lane, within a pack of cars and it appeared he was getting off at the next exit so I doubt he was even fast enough to grab my mph, I don't believe he has a speed on me. He couldn't tell me how fast I was going, and generally they say right away if they do.
Most people think that the way radar works is that the cop points the radar, reads your speed, then pulls you over for it. In order to be certified as a radar operator, it requires at least 80 hours of training (At least, that's how it was when I did it many years ago). The officer is supposed to be able to see the approaching vehicle and gauge its speed and then use the radar to confirm what he/she sees. Therefore, an officer is supposed to know how fast you are going whether the radar is on or not. That training is just for occasions like this one. Careless was issued rather than speeding because the radar most likely wasn't used to confirm what the trooper saw.

All this means is that the officer would be subpoenaed for court, as would the record of his training. Once the judge is satisfied the officer is a certified radar operator capable of judging your speed with or without radar, you'll probably lose.

The prosecutor is also going to make your record of points and speeding well known to the judge, and between that and the only defense you'd be putting up would essentially be yours versus the trooper's, I don't believe it's worth fighting. I would look into reducing the points if possible. The judge isn't going to care about how fast you think you were going. The judge is going to side with whoever is the most believable.
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