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I got "popped" by a Bee III radar going 89 in a 55, when i know i wasnt going that fast, how do i fight it?

Fort Walton Beach, FL |

When i got "popped" it was on a straight empty road at 0100 in the morning. After passing the only other car on the highway because he was going well under the speed limit, my radar detector picked up a Ka alert for a second and went away. Next thing i know i'm pulled over by the man i passed, and getting a court date. He never asked for registration or proof of insurance either. I've read about this radars "pop" mode here: http://www.valentine1.com/pop/whatispop.asp and its seems glitchy at best. Any advice on how to fight this on my court date would be greatly appreciated.

Attorney Answers 3

Posted

For a Florida Speeding Ticket usually your best options are to take the Florida online traffic school or either hire on of the Florida traffic ticket clinics and let them handle it for you. Either way should keep the speeding ticket off your record so that you do not have an insurance increase. For more information see the link below

This answer is for general advice. It is not legal advice and does not create an attorney client relationship. For legal advice you have to retain your own attorney.

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Posted

Yes have a attorney help you fight it who does a lot of traffic defense. You probably know a lot--I get it, but you don't want to try to testify as a regular or expert witness without an attorney helping you. Your testimony is going to sound like I went speeding past a guy, but I was not speeding that much. The problem is that you don't have a speed measuring device other than your speedometer and it will be your word against a police officer's. I'm not saying you will lose, but in any case: traffic ticket or criminal case if it is the defendant's word versus a police officer's word, you will need more evidence than your testimony. The cop has testimony and a speeding printout or record from a machine. If your driving records is not that bad, then you may just want to see about traffic school so you will have a fine but no points on your license. A attorney might be able to approach the police officer in court and see if the cop would be willing to drop the speed down to a slower speed. I read through the article a little bit, and see where you are going, but this "hearsay" and a judge will probably not let it in. The reason the cop's radar is not hearsay is because it is a regularly recorded business record. The only thing besides hiring an attorney and negotiating is attacking the calibrations of the radar gun. But even if the calibration is WAY off by 5 mph (that is way off) then you were either going 84 mph or 94 mph. Because you were going so fast, If you want to really seriously fight it, you would have to hire an expert witness for several hundred dollars minimum. I'm not knocking you, I had a 101 mph ticket last summer. But even if the radar was wrong, I'm still hauling ass in the eyes of the judge. But I tell you what if it turns out that the radar gun has not bee calibrated then the police officer really does not know who fast you were going. This is true, I'm just saying when a judge hears 89 he might thing ok so what maybe you were only going 85 or 86. Find an attorney who is willing to negotiate AND fight the ticket and will approach the officer about the calibration of the radar gun.

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Best options are to take the driving school course or to hire an attorney and contest it. This will give you the best shot of having no points assessed on your driving record.

You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family & criminal law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-377-6828. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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