On Fri, 11 Feb 2005 20:37:48 -0800, Paul Johnson  wrote: 
 
Vinnie S. wrote: 
 
 So like I said, It's mostly at the descretion of the cop. And FYI, you can 
 be going 56 in a 55, and if he wants to stop you and say you were doing 75 
 in a 55, even though you did 56, there isn't a damn thing you can do about 
 it. 
 
Sure there is.  Challenge him in court using his radar gun as evidence 
against him.  If it recorded 56 and he's claiming 75, any of the following 
could happen in Oregon: 
 
 
As far as I know, there is no printed history of a radar reading. Granted 99.9% 
of the time, they will write yoy up for what you sped at. But I don't think 
there is a shred of evidence you can use. Not even eyewitnesses. 
 
Charges dismissed on the 10% rule, charges 
dismissed because the speed was reasonable for the conditions and the speed 
was simply a posted advised speed and not a limit (universal speed rule), 
or charges dismissed on the grounds of false testimony on the part of the 
police officer (pretty much gauranteed to end his law enforcement career, 
he'd have a *damn* hard time getting a job even as a rent-a-cop with that 
on his record). 
 
Your best defense is to learn the local law and obey it.  Oregon tends to be 
pretty lax because 1) you can go hundreds of miles without encountering 
anything to hit, and 2) almost all traffic tickets handed out are to 
Californians, who don't have to pass a test to get a license[1]. 
 
Again, here in NJ, it is a revenue generating system. Like I said, they just 
want their fined, and not put you in your insurance poor house. The officers 
have told me to challenge, because they reduce it to no points. 
 
 
[1] If you don't know the answer on the test, you can ask the clerk and get 
as many right answers as you need just for the asking, and I can't recall 
ever seeing anybody taking a driving test at the CA DMVs.  I never bothered 
driving in California when I got stuck moving down there for a few years, 
it's not hard to get a ride down there if you can get the nerve up with 
riding with an essentially unlicensed driver. 
 
 
I can tell you this. Aside from full serve gas, NJ and Oregon are worlds apart. 
 
Vinnie S. 
		 
		
		
		
		
		
		
		
		
	
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