I got pulled over Allegedly doing 95 mph in a 40mph zone, I pulled out onto the street there was a car in front of me and behind me but further back and about 100yards the officer was sitting with all his lights off . I drive a 1993 Honda It's 24yrs old and makes about 115hp that can barely move out its own way. The road conditions were bad wet and rainy at night taking a co worker home , there's no possible way that his radar was working correctly or he spotted the wrong car
Request a trial and not a waiver hearing. If the officer does not show up, you could be found not guilty if the case isn't postponed. Based on the seriousness of the violation, you definitely should hire a criminal defense attorney who is skilled in traffic matters. There is an awful lot of technical information about radars and how they are calibrated that an attorney can bring up in court.
This is a general response that should not be considered legal advice. No attorney-client relationship has been formed. Please speak with an attorney in more detail about your specific situation.
I strongly urge you to HIRE A LAWYER (caps intentional).
My guess is that you have about as much business practicing law as I do commanding a nuclear submarine... meaning none. Please understand that this is not personal to you. It is a simple truism in the legal profession. It is very easy to screw up a case when one does not understand the complexities of the rules of evidence and the rules of procedure; and you are very likely to screw up your case if you serve as your own lawyer (ergo Abe Lincoln's famous quote... "He who represents himself has a fool for a client.").
That said, in my opinion, the best defense for any traffic citation anywhere is to hire a local traffic ticket lawyer. I can't speak to the Baltimore, MD area per se but in Miami, Fl, where I have been a practicing criminal defense lawyer for nearly a quarter of a century, there are many skilled and experienced traffic lawyers who know the law, the procedure, the Judge and probably the cop. In short you will almost certainly get both competent representation and a better result for a relatively small fee / investment.
Wishing you luck and hoping that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
You definitely should request a trial within 30 days of the ticket and go to court. As stated by Mr. Martino, if the police officer does not appear, you will be acquitted.
The judge almost always believes the police officer in these cases. You will have a hard time convincing the judge the radar was not working or he nailed the wrong car.
If you are convicted, the judge will look at your driving record and can offer you probation before judgment which avoids the points or reduce the speed to make it a one point ticket.
You may want to take a driver improvement course before court and bring proof of completion to court.
This answer is being given for general informational purposes only and is not protected by the attorney-client privilege since this is a public forum. The information provided does not create an attorney-client relationship. No communications with me on this forum shall be construed as arising out of an attorney-client relationship. If a client needs specific legal advice or opinions, he or she should retain counsel for advice or to undertake representation.
You should request a trial in this matter and do not pay the ticket. You should also hire an experienced criminal defense attorney to represent you in this matter. If there is indeed a calibration issue with the radar gun, your attorney will be able to make that argument in court. It is not recommended to try and handle this in court on your own.
Request a trial and consider talking with a lawyer who does traffic defense. There are a few issues going on in your post that are potentially ripe for trial issues.
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