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Re: Illegal speed traps (was: FIGHT YOUR TICKET)
In message <43ust9$681@fullfeed.msn.fullfeed.com> - NMA <nma@genie.geis.com>
writes:
:>
:>bparekh@directnet.com (Behram Viraf Parekh) wrote:
:>>As of 1992 (the latest version of the CA Veh. Code that I happen to have
:>>handy) the definition of a "Speed Trap" in CA is:
:>>
:>>Section 40802:
:>>
:>> A "speed trap" is either of the following:
:>>
:>>(a) A particular section of highway measured as to distance and with
:>>boundries marked, designated, or otherwise determined in order that
:>>the speed of a vehicle may be calculated by securing the time it takes
:>>the vehicle to travel the known distance.
:>>
:>
:>Section 40802A means all tickets generated by airplanes are illegal.
NO NO NO NO NO NO!!!!!!!!
As I tried to point out in my original posting, this is NOT necessarily
true. The law states that the evidence of speed measured by securing
the time it takes the VEHICLE to travel a known distance is inadmissable.
If the aircraft measures its OWN groundspeed, and PACES the car on the
road (eminently possible, I've flown aircraft that can easily do 40mph
or so airspeed with flaps down) the evidence IS admissable. From having
contested an aircraft ticket in the past, this is exactly what the
pilot of the aircraft claimed.
Do note, however, that the pilot, the person who observed
from the aircraft and paced you (this may just be the pilot, both
flying and pacing at the same time), AND the arresting officer should be
present. If any one of them is not, you stand a very good chance of beating
the ticket, as theprosecution cannot show how the speed was measured
(pilot/observer),what that speed was (pilot/observer), identity of
car(pilot/observer)and identity of car as relates to identity of driver
(arresting officer).
:>This defense has been used successfully in the past, we encourage
:>everyone who gets an airplane ticket to fight them.
I'm sure this defense has been used successfully, but it doesn't work
every time, and it is more than likely it was against and inexperienced
officer/pilot or a judge who did not understand what the pilot/officer
was trying to tell him.
Contest EVERY ticket, airplane or otherwise that you get for speeding.
By doing so, you make the system of enforcement as currently practiced
unfeasible. But don't expect to beat all aircraft tickets.
:>
:>--
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:>
-------------
Behram Parekh, bparekh@directnet.com
The above opinions are my own. They do not represent legal advice.
The reader of this document is hereby notified that that the reader
and author are not in an attorney-client relationship. Any and all
of the above statements may be false or misleading. No legal or
detrimental reliance should be placed on them. Any reliance placed
is completely at the reader's risk.