Using APRS data to fight a speeding ticket

[WA0TJT]

I got a speeding ticket the other day, 70 in a 60 zone. I told the officer I wasn't speeding he said his lazer gun said differently and handed me the ticket.
When I got home I downloaded from findu.com the APRS data I was sending out, it showed 60 (exactly) at the place the officer said I was doing 70. The raw data clearly shows me going from 48 to 60 to zero mph, before, at, and immediatly following the minutes where he stopped me. In fact at no time was I ever going faster than 60 (according to APRS) on that stretch of hi-way. I send out a broadcast every 60 seconds, so I suppose it is possible to go from 60 to 70 to zero in 60 seconds what you have to ask yourself is would that happen?
What I was thinking to do to avoid lawers, was to take a court date, plead no contest with explanation and show the judge the findu data. What I'm wondering is what you all think the result will be, a lower fine, no fine, it won't work at all, I'll get the same fine, or maybe even a larger fine.
Any lawers out there, what do you think?

Thanks everyone....

[KY5U]

Pay the ticket. Whatever you decide, good luck!

[WA0TJT]

"Those who tolerate evil are worse than those who commit it."

That may be overkill so change it to tolerate abuse....LOL, I wasn't speeding why pay?

Thanks for the advise.

[AC3P]

If you are going use that, get a lawyer to present it.

BTW. Once the police find out about U-View they will monitor us on APRS and issue speeding tickets that way. #

[WA3KYY]

Quote[/b] (ac3p @ July 10 2006,11:27)]BTW. Once the police find out about U-View they will monitor us on APRS and issue speeding tickets that way. #

Why do you think they want those chips and data recorders in all vehicles? #Sort of like the flight data recorder in airplanes. #You are stopped for an infraction, they download the data from your car's computer and viola! #They have the evidence right there in 0's and 1's.

73,
Mike WA3KYY

PS, wonder what 1500W of RF would do to that system.

[AB8MA]

Quote[/b] (wa0tjt @ July 10 2006,15:45)]so I suppose it is possible to go from 60 to 70 to zero in 60 seconds what you have to ask yourself is would that happen?

I think you better get a lawyer #

You went to Zero because you were pulled over.

[K0WVM]

I have heard to that if you overpay your speeding ticket, then the state has to reimburse you for overpaying. Thusly they cannot add the speeding ticket to your driving record because of payment not clearing.

How true the above is remains to be seen.

The APRS data being used by Law Enforcement would have to be cleared or something passed by state govt's saying police can use them. I don't see that happening as defense attorney's would go nuts over that and tie up this in court battles for several months.

Bottom line is that you better lawyer up and watch your speed in the future. Nothing better than keeping eyes on the road and an occasional glance at the speedometer. It hasn't failed me yet and I get painted with the speed guns a lot (along with other motorists).

[WA0TJT]

The point is I really wasn't speeding, why should I pay a fine for doing something I wasn't doing. I can show, maybe not unequivacantly that i wasn't speeding but show it nevertheless.
I can "lawyer up" but that will cost more than the fine, the system seems to have me by the b...s and I want to fight it. That brings me back to my original question, how to fight it without it costing an arm and a leg to do so.
APRS has been used successfully before to defend a speeding ticket I just don't know how it was done, i.e. lawyer, or not.

Any other comments or ideas?

[W5ALT]

Back about 20 years ago I was driving from Houston to Slidell, LA and got pulled over on the east side of Baton Rouge in a construction zone. I asked the officer to see his radar and he declined. I know I was not speeding, because there was a slow truck ahead of me and I was in no hurry. When the flashing lights came on, I immediately looked at the speedometer and it read 42 MPH, below the legal 45 MPH.

I decided to argue, so I took a day off work and drove to Baton Rouge. They came around and asked all of us what we pleaded and I said not guilty. While waiting I found about 5 other people who had been pulled over at the same place on the same afternoon.

Before they started bringing us before the judge, the city attorney came around and offered to reduce the fine if I pled guilty and I told him I was not guilty and would not plead so. He asked why I thought I could win. I told him that it was up to them to show that I was speeding, that I asked the officer to see the radar reading and that I had a radio log with times and mile markers that showed I was not speeding all the way from Houston.

When I was called before the judge, he asked me the same thing. I told him I asked the officer to see the radar and he didn't let me, so I didn't think they had any real evidence. He asked me what the officer actually said and I said he told me to stay in the car. The judge then asked me what I did and I replied that I stayed in the car because the officer had a gun and I was unarmed, which got a smile out of him. I then offered to loan the judge my car and he could drive throught that construction zone to see if he could speed. He called a recess and afterwards dismissed the next dozen cases.

73,
Walt, W5ALT

[WA0TJT]

Now think how you would have felt if you had paid the fine, and found out later that the case was going to be thrown out. You can bet they would not have sent you a refund.

Thanks for the story, it gives me a little hope.