Any lawyers on this forum?
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Joined: Jun 2009
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From: Raeford, NC
Any lawyers on this forum?
I need advice from a lawyer in South Dakota, Sturgis area regarding a speeding ticket. I am from out of state and will not be able to appear for the court date. I don't want a ticket to affect my insurance rates, and I don't believe it's possible to accurately cite speed from a moving vehicle coming head on. Anyone know South Dakota traffic laws well?
6th Gear
Joined: Jul 2009
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From: Indiana
Well, I'm not a lawyer; however, if the police officer had a radar unit in his/her squad car, then yes it is possible to measure the speed of an oncoming vehicle.
Many of the radar units are able to measure speed in both moving and stationary mode. This means the patrol car can be either parked along side the road (stationary) or driving down the road (moving). The radar unit can also detect the speed of traffic approaching the squad car from the opposite direction or traveling in the same direction as the squad car, in front of the squad car or to the rear of the squad car.
In my opinion, the only real challenge you would stand a reasonable chance of prevailing on in court would be whether the particular radar unit in use that day had been calibrated within the last year. When a licensed FCC technician checks and calibrates the radar unit, they issue a certificate with the date of calibration and the serial number of the radar unit to the officer or department.
Other than this, I would simply pay the ticket and move on. You are going to spend more on a lawyer than you would the ticket and any increased insurance rates.
A word of advice. If you do retain a lawyer, make sure you retain a local lawyer from the same town that issued the ticket, if at all possible. They don't like out of town lawyers coming into their towns. You could get on the internet and find a lawyer in that town. Make a phone call and see what he/she advises.
Good luck.
Many of the radar units are able to measure speed in both moving and stationary mode. This means the patrol car can be either parked along side the road (stationary) or driving down the road (moving). The radar unit can also detect the speed of traffic approaching the squad car from the opposite direction or traveling in the same direction as the squad car, in front of the squad car or to the rear of the squad car.
In my opinion, the only real challenge you would stand a reasonable chance of prevailing on in court would be whether the particular radar unit in use that day had been calibrated within the last year. When a licensed FCC technician checks and calibrates the radar unit, they issue a certificate with the date of calibration and the serial number of the radar unit to the officer or department.
Other than this, I would simply pay the ticket and move on. You are going to spend more on a lawyer than you would the ticket and any increased insurance rates.
A word of advice. If you do retain a lawyer, make sure you retain a local lawyer from the same town that issued the ticket, if at all possible. They don't like out of town lawyers coming into their towns. You could get on the internet and find a lawyer in that town. Make a phone call and see what he/she advises.
Good luck.
Ultimate HDF Member
Joined: Aug 2008
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From: Joliet, Illinois
Were you speeding? Suck it up and pay the ticket. They likely have some provision for you to pay a fine and take an online "Driving Safety" class - then it won't appear on your record.
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My friends dad got a ticket that way early in the morning going to an early surf session and a cop that was coming the opposite way turned around and gave him a speeding ticket. He took it to court and won... He argued that there was no way that the cop could specificaly target that it was HIS car that was speeding.. If the cop was stationery and clocking specific cars thats one thing but the fact that he was moving and the radar will pick up anything really that is moving in front of it it would be hard to pin point that YOU were going the clocked speed... what if it was a car behind or in front of you??? How can he prove that his stationary radar which just points forward picked you up?
EDIT: I just saw you're from NC... thats a hell of a trip to fight it.. like others said might just be better to pay up, and elect driving school... no points, no insurance spike. (God knows that I've used that option a few times...)
EDIT: I just saw you're from NC... thats a hell of a trip to fight it.. like others said might just be better to pay up, and elect driving school... no points, no insurance spike. (God knows that I've used that option a few times...)
Last edited by marc the shark; Jul 19, 2009 at 10:55 AM.
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Joined: Jun 2009
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From: Raeford, NC
My friends dad got a ticket that way early in the morning going to an early surf session and a cop that was coming the opposite way turned around and gave him a speeding ticket. He took it to court and won... He argued that there was no way that the cop could specificaly target that it was HIS car that was speeding.. If the cop was stationery and clocking specific cars thats one thing but the fact that he was moving and the radar will pick up anything really that is moving in front of it it would be hard to pin point that YOU were going the clocked speed... what if it was a car behind or in front of you??? How can he prove that his stationary radar which just points forward picked you up?
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From: Bellwood Pa
I agree with the above post and as far as the ticket affecting your insurance and points on your license dont worry about that i have gotten tickets from out of state and for the most part the different states dont always report violations for speeding to the other states so it wouldnt even show up on your license i have gotten several tickets from other states and none of them has showed up on my record or insurance the other states only want your money. unless you get a dui or a major violation its nothing to worry about they would report serious violations.
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Cruiser
Joined: Feb 2008
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From: minnesota
I dont know about other states... Here In Minnesota you have the right to see the radar and whats locked in.....This has gotten me out of a number of tickets. I always ask to see what he has me locked in at on radar. If they have nothin they end up checkin for warrants and send me on my way. If they insist on giving me the ticket i goto court and tell judge " The officer let me see radar in the squad car and it said nothin but zero's" every time the judge has thrown it out...
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If there is a semi behind you doing 75, and you are going 70. the radar sees the larger semi truck instead. I know I own a radar gun. They are handy for calibrating speedos, changing gear ratios, and sitting in the yard getting drunk messing with people who like to fly by my house. I live in a 35 zone, 70 happens a few times a day
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