IO at +17, cop too slow on the lock button

spongebobradarpants

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I can't type long stories on my phone unfortunately so this won't be a very elaborate story.

Going 82 or so in a 65, R3 hits on Ka, instantly stood on the brakes just enough to not engage ABS and give myself away. Look over once I've slowed down, it's 34.6xx, Stalker, rolling IO I believe because I never saw a car parked, though lights could have been out I suppose. Poor ****er didn't hit the speed lock button fast enough because I definitely would have been pulled if he had valid ticket evidence. I bet he even knew I had a detector since I hit the brakes INSTANTLY and hard. I hope I ruined his night.

He left the radar on for maybe another 30 seconds then gave up because I was PSL.
 

Deacon

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What’s this about the lock button? What state are you in that required they use it and provide proof of doing so?
 

spongebobradarpants

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What’s this about the lock button? What state are you in that required they use it and provide proof of doing so?
I assume most radar units work this way:

Based on my ATR. I believe he turned on the xmit toggle button, which turns the radar on until you press it again. He then took way too long to press the lock button (top left on below pic) so he had no legally admissible evidence of my speed. If I recall correctly, they need to hit the lock button to have a final speed for evidence.

7de2ee387b2fae98489d4f695e1ec935.jpeg
 

Deacon

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Maybe I’m just not aware of Oregon (or wherever) laws. I’ve never heard of anything more than the cop’s word being necessary to issue a citation. How would having the lock button used or not have anything to do with “admissible evidence”? In what form would any such evidence be submitted? Is he supposed to take a selfie with it and you in frame, or something?
 
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oldcelt

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Same in NYS.................LEO can have ticket upheld in court with nothing more than his *expert opinion* regarding speed.
 

InsipidMonkey

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Does anyone know the provenance of the law(s) in NYS that disallows challenges to radar gun certification and allows citations to be issued based on visual estimation? Did some LEO lobbyist get them passed, or some politician with a hard-on for speed enforcement? Or were they just losing too many cases due to poorly serviced equipment and pass the laws to protect their revenue stream?
 
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samq45

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Does anyone know the provenance of the law(s) in NYS that disallows challenges to radar gun certification and allows citations to be issued based on visual estimation? Did some LEO lobbyist get them passed, or some politician with a hard-on for speed enforcement? Or were they just losing too many cases due to poorly serviced equipment and pass the laws to protect their revenue stream?
These are not specific laws in NY enacted by the legislators. They are interpretations of law through courts cases (case law). The case law in NY is that a properly trained LEO does not need a calibrated speed detecting radar to issue a ticket that can be upheld by the court. All that is needed in NY is a LEO to say he has been trained to estimate speed and he clearly observed the violator speeding. They don't even have to mention if the speed was checked by radar. You cannot ask for a radar certification in NY if they mention they were trained and visually observed you speeding. If they only testify they used a radar device to check speed (and did not visually estimate) you can ask for the certs and the ticket will be dismissed or they will throw a quick deal at you.

See People Vs Olsen (first case in NY), People vs Susana, Lampman - Etc.


In New York, like many other states, you can be convicted of speeding based solely on the officer’s visual estimate of the speed of your vehicle, uncorroborated by devices such as radar or laser. People v. Olsen, 22 N.Y.2d 230 (1968). Prior to the Olsen decision, such visual estimate opinion evidence alone however, was insufficient for conviction. People v. Magri, 3 N.Y.2d 562 (1958

People v Susana (2010 NY Slip Op 52218(U))
law.justia.com: People v Lampman
law.justia.com: People v Palmer

 

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