Ask a cop...
#328
sorry if this has already been asked to the law enforcement professionals in this thread...
can radar technology determine the speed of a car going in the same direction as the patrol car? I.e., the speeding car is ahead of the patrol car, and the officer simply traps the car's speed by pointing his radar gun at the car ahead of him. Back in the day, the officer had to pace himself behind the speeding car to determine the actual speed in question. I assume this is not the case any longer with today's technology. Thanks in advance!
can radar technology determine the speed of a car going in the same direction as the patrol car? I.e., the speeding car is ahead of the patrol car, and the officer simply traps the car's speed by pointing his radar gun at the car ahead of him. Back in the day, the officer had to pace himself behind the speeding car to determine the actual speed in question. I assume this is not the case any longer with today's technology. Thanks in advance!
#331
Lets say I get pulled over and my car is stripped, I have a full roll cage, got a bucket seat, a 6 point race harness, and a custom dash board. But my motor and exhaust are stock plus the car is registered and passed smog. Whats the worst that can happen to me/my car?
#333
sorry if this has already been asked to the law enforcement professionals in this thread...
can radar technology determine the speed of a car going in the same direction as the patrol car? I.e., the speeding car is ahead of the patrol car, and the officer simply traps the car's speed by pointing his radar gun at the car ahead of him. Back in the day, the officer had to pace himself behind the speeding car to determine the actual speed in question. I assume this is not the case any longer with today's technology. Thanks in advance!
can radar technology determine the speed of a car going in the same direction as the patrol car? I.e., the speeding car is ahead of the patrol car, and the officer simply traps the car's speed by pointing his radar gun at the car ahead of him. Back in the day, the officer had to pace himself behind the speeding car to determine the actual speed in question. I assume this is not the case any longer with today's technology. Thanks in advance!
and they do work....!!!
#334
i got a problem:
i got pulled over for "speeding" in a 35mph zone.
cop asks me "how fast were you going"
i say "no more than 40 sir"
so he writes me a ticket saying i was going 45 and said
that since i signed it, i admit i was going 45. And damn,
i couldn't complain cuz he was saying that he could tow my
car for modified exhaust (racing beat duals).
what's the best way to fight this in court? I asked if
i could see the radar gun, and he said that he didn't
need one to know i was speeding.
im talking to judge on november 6th, what's the best
way i can approach this little problem?
i got pulled over for "speeding" in a 35mph zone.
cop asks me "how fast were you going"
i say "no more than 40 sir"
so he writes me a ticket saying i was going 45 and said
that since i signed it, i admit i was going 45. And damn,
i couldn't complain cuz he was saying that he could tow my
car for modified exhaust (racing beat duals).
what's the best way to fight this in court? I asked if
i could see the radar gun, and he said that he didn't
need one to know i was speeding.
im talking to judge on november 6th, what's the best
way i can approach this little problem?
#336
For the most part, exhaust flames come from not having a cat. If the cop knows this, he can do a little more investigation. I am not sure on this next part, but I imagine the officer could write a ticket for modified exhaust and have you go and get it signed off. No car manufacturer has ever made a car that spits flames while being 100% stock.
http://www.dieselmovies.com/view_vid...3b1396831a8398
the guy who was teaching the duramax diesel diagnostics class i was in told us about this.
#337
i got a problem:
i got pulled over for "speeding" in a 35mph zone.
cop asks me "how fast were you going"
i say "no more than 40 sir"
so he writes me a ticket saying i was going 45 and said
that since i signed it, i admit i was going 45. And damn,
i couldn't complain cuz he was saying that he could tow my
car for modified exhaust (racing beat duals).
what's the best way to fight this in court? I asked if
i could see the radar gun, and he said that he didn't
need one to know i was speeding.
im talking to judge on november 6th, what's the best
way i can approach this little problem?
i got pulled over for "speeding" in a 35mph zone.
cop asks me "how fast were you going"
i say "no more than 40 sir"
so he writes me a ticket saying i was going 45 and said
that since i signed it, i admit i was going 45. And damn,
i couldn't complain cuz he was saying that he could tow my
car for modified exhaust (racing beat duals).
what's the best way to fight this in court? I asked if
i could see the radar gun, and he said that he didn't
need one to know i was speeding.
im talking to judge on november 6th, what's the best
way i can approach this little problem?
torrance/carson/all of southbay's cops are pure ********, your never going to win unless you fight it with the judge : /. i got thrown in the drunk tank for not even being drunk, i was just driving down portuguese bend(if you know what that is) going like 10mph over the speed limit at 2 in the a.m.
#338
Driving RX7's since 1979
iTrader: (43)
Joined: Aug 2001
Posts: 6,096
Likes: 9
From: So Cal where the OC/LA/SB counties meet
Slip-n-Slide:
Signing the ticket admits nothing. Signing just means you promise to appear. Kind of being let out of jail without bail without ever going to jail.
Word to the wise, never admite to anything. If the cop asks you how fast you were going, you answer with a question on how fast he thought he was going and be surprised at what ever he says.
Since you admited you were going 40, or 5 over, your screwed as you admitted you were breaking the speed law. Bottom line, that is all the judge cares about. Whether your guilty or innocent.
Having racing beat duals is NOT a violation of modified exhaust laws by itself. From the CA Vehicle Code "Motor vehicle exhaust systems or parts thereof include, but are not limited to, nonoriginal exhaust equipment." See my post in https://www.rx7club.com/west-rx-7-forum-193/had-bad-night-looking-some-advice-help-700400/. Modified exhaust is only about 95bp max noise, assuming your emission legal otherwise (ie have cats).
Bottom line, you screwed yourself in being able to fight the speeding ticket. So your only options now is to go to court and either ask for a reduced fine or get traffic school. Show your insurance card to the judge (or clerk as the case may be) and pay the $10 dismissal fee as that will be your word against the cops, and the cop will win every time in that situation since he is a "professional" witness.
Signing the ticket admits nothing. Signing just means you promise to appear. Kind of being let out of jail without bail without ever going to jail.
Word to the wise, never admite to anything. If the cop asks you how fast you were going, you answer with a question on how fast he thought he was going and be surprised at what ever he says.
Since you admited you were going 40, or 5 over, your screwed as you admitted you were breaking the speed law. Bottom line, that is all the judge cares about. Whether your guilty or innocent.
Having racing beat duals is NOT a violation of modified exhaust laws by itself. From the CA Vehicle Code "Motor vehicle exhaust systems or parts thereof include, but are not limited to, nonoriginal exhaust equipment." See my post in https://www.rx7club.com/west-rx-7-forum-193/had-bad-night-looking-some-advice-help-700400/. Modified exhaust is only about 95bp max noise, assuming your emission legal otherwise (ie have cats).
Bottom line, you screwed yourself in being able to fight the speeding ticket. So your only options now is to go to court and either ask for a reduced fine or get traffic school. Show your insurance card to the judge (or clerk as the case may be) and pay the $10 dismissal fee as that will be your word against the cops, and the cop will win every time in that situation since he is a "professional" witness.
#339
Question????
well i got into an accident... with a shitty eclipse!!!
entered left turn on yellow arrow. guy coming towards me in opposite direction going straight jumps green. and bammm acc.
motorcycle cop cited me a running red light ticket based on what a witness said she saw???? ummmm doesnt a cop have to see you violate the law to give you the ticket???
my argument is that the witness saw the accident looked up and saw a redlight, seeming how i entered intersection on a yellow. it would be red as she looks up at the light!
so what can i do?
well i got into an accident... with a shitty eclipse!!!
entered left turn on yellow arrow. guy coming towards me in opposite direction going straight jumps green. and bammm acc.
motorcycle cop cited me a running red light ticket based on what a witness said she saw???? ummmm doesnt a cop have to see you violate the law to give you the ticket???
my argument is that the witness saw the accident looked up and saw a redlight, seeming how i entered intersection on a yellow. it would be red as she looks up at the light!
so what can i do?
#340
Driving RX7's since 1979
iTrader: (43)
Joined: Aug 2001
Posts: 6,096
Likes: 9
From: So Cal where the OC/LA/SB counties meet
First, PLEASE tell me you had insurance. If you do, then you best play is to just let your insurance company take care of this. If not, PLEASE tell me you're over 18 and or your car is only in your name so your parents don't get dragged into this.
Now, that said, if I understand what you're saying you were going (say) south and turning left you entered on a yellow. You got hit by a car coming at your from the opposite direction going (say) north. That being the case, you still will be found at fault for making an unsafe left turn (failure to yield the right of way). You being at fault for any reason gets you a point on your record and responsibility to pay damages to the other guy/girl.
If you entered the intersection on a yellow going (say) south and got hit by a car going east or west, then you would be in the right as you had the right of way. But even then you have to prove this latter assumption on my part if that's the case.
At this point, if you really are determined to beat this or you have no insurance, best to talk to a lawyer. But below is what a lawyer worth his salt will probably ask you and tell you.
Did the cop also give you a ticket for running a red light? If so, then you first need to beat that ticket. Even if you beat the ticket, that doesn't mean you weren't at fault. If you don't beat the ticket your screwed.
Now if you beat the ticket or got not ticket, you still have to prove you weren't at fault. Surprising as it may seem, beating the ticket doesn't change the at fault conclusion.
The best avenue is to file a small claims against the Eclipse owner since that prevents expensive lawyers from getting involved if for no other reason. Maximum you can go for in Small Claims, last I checked, was $5,000. If the Eclipse owner doesn't show with the witness, it's your word against his. The police report is based on hear-say evidence, so by itself it really doesn't work against you with no witness to confirm it if the witness isn't there to back it up. The physical evidence (assuming the latter) wouldn't really indicate who had the right of way which is the core of the situation. And if the witness IS there to back it up, unless he/she can say they saw the light red and THEN saw you collide with the Eclipse, you've provided the Court foundation for reasonable doubt.
However, unlike in a Criminal case, Civil isn't a simple yes/no end. The court can assigne % fault, so be sure you go to court with at least one estimate to repair your car. If the court finds 50/50, it's the same as saying they can't conclude who was at fault and neither of you get a point and neither of you are responsible for repair of the other car or anything else. You'll already have a point on your record because of the police report, so you'll need to send a copy of the courts findings to Sacramento to get the point off. You might be able to take the courts findings to the related police station and get the point off via a thing called (not sure of the spelling) SWITTERS. But you can do it directly with the DMV as well. The local DMV office can give you instructions in this case.
Keep in mind, even though the police report without witness is hear-say, it's a strike against you that would most likely tip the balance against you as a "professional" who investigate the situation has voiced an opinion based on the witness AND physical evidence at the time (how each car hit each other, etc.). So, you really really need to give the court a compelling argument on why that "professional" was in error as well. If you are found 51%+ at fault, the court will tell that a % amount of the total damages (repair, pain and suffering, medical, what ever) you owe the Eclipse owner limited to the maximum $5,000 (so another reason to try and get this into Small Claims). Also, you will be stuck with the point on your record.
Does getting a decision from Small Claims prevent the Eclipse owner from going full bore to Civil Court and to get you for everything you got? Ask a lawyer. But I would think that would be double jeopardy which is not allowed.
Bottom line, as I said above, your best play is to just let your insurance company take care of this and write it off as a bad and maybe unfair experience.
Now, that said, if I understand what you're saying you were going (say) south and turning left you entered on a yellow. You got hit by a car coming at your from the opposite direction going (say) north. That being the case, you still will be found at fault for making an unsafe left turn (failure to yield the right of way). You being at fault for any reason gets you a point on your record and responsibility to pay damages to the other guy/girl.
If you entered the intersection on a yellow going (say) south and got hit by a car going east or west, then you would be in the right as you had the right of way. But even then you have to prove this latter assumption on my part if that's the case.
At this point, if you really are determined to beat this or you have no insurance, best to talk to a lawyer. But below is what a lawyer worth his salt will probably ask you and tell you.
Did the cop also give you a ticket for running a red light? If so, then you first need to beat that ticket. Even if you beat the ticket, that doesn't mean you weren't at fault. If you don't beat the ticket your screwed.
Now if you beat the ticket or got not ticket, you still have to prove you weren't at fault. Surprising as it may seem, beating the ticket doesn't change the at fault conclusion.
The best avenue is to file a small claims against the Eclipse owner since that prevents expensive lawyers from getting involved if for no other reason. Maximum you can go for in Small Claims, last I checked, was $5,000. If the Eclipse owner doesn't show with the witness, it's your word against his. The police report is based on hear-say evidence, so by itself it really doesn't work against you with no witness to confirm it if the witness isn't there to back it up. The physical evidence (assuming the latter) wouldn't really indicate who had the right of way which is the core of the situation. And if the witness IS there to back it up, unless he/she can say they saw the light red and THEN saw you collide with the Eclipse, you've provided the Court foundation for reasonable doubt.
However, unlike in a Criminal case, Civil isn't a simple yes/no end. The court can assigne % fault, so be sure you go to court with at least one estimate to repair your car. If the court finds 50/50, it's the same as saying they can't conclude who was at fault and neither of you get a point and neither of you are responsible for repair of the other car or anything else. You'll already have a point on your record because of the police report, so you'll need to send a copy of the courts findings to Sacramento to get the point off. You might be able to take the courts findings to the related police station and get the point off via a thing called (not sure of the spelling) SWITTERS. But you can do it directly with the DMV as well. The local DMV office can give you instructions in this case.
Keep in mind, even though the police report without witness is hear-say, it's a strike against you that would most likely tip the balance against you as a "professional" who investigate the situation has voiced an opinion based on the witness AND physical evidence at the time (how each car hit each other, etc.). So, you really really need to give the court a compelling argument on why that "professional" was in error as well. If you are found 51%+ at fault, the court will tell that a % amount of the total damages (repair, pain and suffering, medical, what ever) you owe the Eclipse owner limited to the maximum $5,000 (so another reason to try and get this into Small Claims). Also, you will be stuck with the point on your record.
Does getting a decision from Small Claims prevent the Eclipse owner from going full bore to Civil Court and to get you for everything you got? Ask a lawyer. But I would think that would be double jeopardy which is not allowed.
Bottom line, as I said above, your best play is to just let your insurance company take care of this and write it off as a bad and maybe unfair experience.
Last edited by HOZZMANRX7; 11-07-07 at 09:45 PM.
#341
i am the eclipse owner! i was making a left turn on a yellow ARROW. and yes got hit, i was going "say" south, and the other guy was going "say" north...
i have not heard one word from his insurance company regarding this, he was cited a ticket for no valid proof of insurance... but claims he had it with "xxx" company!
i am first just trying to fight this ticket by written declaration! they are not going to supena* "i know i spelt that wrong" a witness for a traffic ticket!
i have not heard one word from his insurance company regarding this, he was cited a ticket for no valid proof of insurance... but claims he had it with "xxx" company!
i am first just trying to fight this ticket by written declaration! they are not going to supena* "i know i spelt that wrong" a witness for a traffic ticket!
#343
Driving RX7's since 1979
iTrader: (43)
Joined: Aug 2001
Posts: 6,096
Likes: 9
From: So Cal where the OC/LA/SB counties meet
Wacky, too many twists and turns with too little information to put into one sentence. But with that additional North and south information, I can reduce it down to two words for you. He's screwed.
Physical evidence of the damage on both cars will pretty much indicate who failed to yield. You were leaving your lane, he was staying in his. To fail to yield you have to leave your lane. Thus, I'll say again, you're screwed. Actually you're both screwed, but the other guy more as having no insurance he just had his license suspended.
One VERY slim chance, if he cited you for running a red light rather than failure to yield. So maybe a technical out since he would indeed need to witness you running the red to witness it. So f_u_c_k up on the cops part as to the ticket that being the case. But the physical evidence will indicate failure to yield. So you'd still loose at the Civil level and still be stuck with paying damages.
The only way out is you file small claims. If he or the cop doesn't show, so no one to say otherwise or introduce the police report into evidence, you win default judgement due to lack of evidence. But, even then, you have to first beat the ticket first which is beyond unlikely unless you also get a default judgement because the cop doesn't show or doesn't response to your declaration. All that happening is way beyond unlikely.
Not looking good dude. Let your insurance company pay for you and be done with it. If you don't have insurance, try the small claims angle anyway. Maybe that can cap your financial exposure to the $5,000.
Physical evidence of the damage on both cars will pretty much indicate who failed to yield. You were leaving your lane, he was staying in his. To fail to yield you have to leave your lane. Thus, I'll say again, you're screwed. Actually you're both screwed, but the other guy more as having no insurance he just had his license suspended.
One VERY slim chance, if he cited you for running a red light rather than failure to yield. So maybe a technical out since he would indeed need to witness you running the red to witness it. So f_u_c_k up on the cops part as to the ticket that being the case. But the physical evidence will indicate failure to yield. So you'd still loose at the Civil level and still be stuck with paying damages.
The only way out is you file small claims. If he or the cop doesn't show, so no one to say otherwise or introduce the police report into evidence, you win default judgement due to lack of evidence. But, even then, you have to first beat the ticket first which is beyond unlikely unless you also get a default judgement because the cop doesn't show or doesn't response to your declaration. All that happening is way beyond unlikely.
Not looking good dude. Let your insurance company pay for you and be done with it. If you don't have insurance, try the small claims angle anyway. Maybe that can cap your financial exposure to the $5,000.
Last edited by HOZZMANRX7; 11-07-07 at 10:48 PM.
#345
Driving RX7's since 1979
iTrader: (43)
Joined: Aug 2001
Posts: 6,096
Likes: 9
From: So Cal where the OC/LA/SB counties meet
By vehicle inspection you mean the physical damage inspection part, that's already chisled into stone by the cop when he did the accident report. And because you were found at fault no insurance company will be looking at it unless you had collision coverage in addition to your required liability coverage.
Wishing you good luck in working through this one.
Wishing you good luck in working through this one.
#346
I was reading the first 3 pages about citizen's arrest. I'm a big fan of vigilante. Not saying I'll ever do this but; if my buddies and I was bored on a Friday night and decided to go take our Sevens out for a cruise and hunt for ricers that are breaking the law. Can we box em in and wait till CHP gets there. Do we all get to appear in court?
If anyone decides to do this, put it on youtube
If anyone decides to do this, put it on youtube
#347
but no fault has been determined yet! and the insurance company is required to get my story no matter what it is before they determine fault!!! and so far is been 2months and have not hear from any insurance company!
#348
I have a Valentine One radar detector in plain view on my FC.
If I was pulled over for speeding by CHP, how would a police officer perceive the radar detector?
Would they be more likely to ticket me for speeding?
Would they think it might be illegal, and have me step out of the car, or ask to search the car?
If I were to be pulled over for any other reason besides speeding, such as my smog sticker falling off or any other minor offense, would I be more likely to receive a ticket due to profiling for the radar detector?
If I was pulled over for speeding by CHP, how would a police officer perceive the radar detector?
Would they be more likely to ticket me for speeding?
Would they think it might be illegal, and have me step out of the car, or ask to search the car?
If I were to be pulled over for any other reason besides speeding, such as my smog sticker falling off or any other minor offense, would I be more likely to receive a ticket due to profiling for the radar detector?
#349
Question????
well i got into an accident... with a shitty eclipse!!!
entered left turn on yellow arrow. guy coming towards me in opposite direction going straight jumps green. and bammm acc.
motorcycle cop cited me a running red light ticket based on what a witness said she saw???? ummmm doesnt a cop have to see you violate the law to give you the ticket???
my argument is that the witness saw the accident looked up and saw a redlight, seeming how i entered intersection on a yellow. it would be red as she looks up at the light!
so what can i do?
well i got into an accident... with a shitty eclipse!!!
entered left turn on yellow arrow. guy coming towards me in opposite direction going straight jumps green. and bammm acc.
motorcycle cop cited me a running red light ticket based on what a witness said she saw???? ummmm doesnt a cop have to see you violate the law to give you the ticket???
my argument is that the witness saw the accident looked up and saw a redlight, seeming how i entered intersection on a yellow. it would be red as she looks up at the light!
so what can i do?
#350
I have a Valentine One radar detector in plain view on my FC.
If I was pulled over for speeding by CHP, how would a police officer perceive the radar detector?
Would they be more likely to ticket me for speeding?
Would they think it might be illegal, and have me step out of the car, or ask to search the car?
If I were to be pulled over for any other reason besides speeding, such as my smog sticker falling off or any other minor offense, would I be more likely to receive a ticket due to profiling for the radar detector?
If I was pulled over for speeding by CHP, how would a police officer perceive the radar detector?
Would they be more likely to ticket me for speeding?
Would they think it might be illegal, and have me step out of the car, or ask to search the car?
If I were to be pulled over for any other reason besides speeding, such as my smog sticker falling off or any other minor offense, would I be more likely to receive a ticket due to profiling for the radar detector?
There is no exact answer to this...all I know is radar detectors are 100% LEGAL here in CA. I have an escort 8500 hardwired and next to my rear view mirror on my other car. Each cop is different and as long as you are professional and courteous thats it. No black and white answer on having a visible radar detector and how LEO will treat you.