Clocked From Within The Vehicle?
Hi there,
Thanks to everyone who frequents this site and gives the great advice. Need some help for my particular case.
Details of ticket
Speeding - 62 in a 40 zone. - Dec 4 2010
The officer was parked on the side of the road (single lane side-street) in an unmarked police car. The road is quite curvy and if I was clocked correctly, it would have been around a curve/exiting the curve. All windows in the police car were closed. As I approached the police car, the officer stepped out and waved me over. I didn't argue the ticket at the time, just took it and went on my way.
My plan:
a) court date is set for Nov 24 2011 - Due to scheduled work outside of the city at this time, I plan to go in and file a notice of adjournment
b) while doing the above, I plan to drop off my Disclosure Request
c) I will hopefully fight this ticket off completely and not accept a lesser charge based on the below.
Some questions I have/arguments I would like to use when fighting the ticket:
1) Is it appropriate for the officer to clock me from within his vehicle which is facing the same direction as my traveling vehicle, all windows up? (i.e. radar guns operated through glass?)... or is it possible there was an exterior mounted gun on the car (pointing behind the car?) - if it was radar gun, he must have been turned 180 within the driver seat to clock me... this can't be correct operation...
2) I do not believe that the distance from the exit of the curve to the police vehicle is enough time to obtain an accurate read, for the officer to exit his vehicle and then wave me over. (i.e. I believe my car has to be traveling in a single direction, not along a curve, for a read to take place). I plan to go by the street and have pictures ready for the trial date of the area I was ticked on.
If any of you are able to share your opinions on the situation and whether I have grounds to fight this ticket in court, it would be greatly appreciated.
Edit: I also note that my trial date is more than 11 months from when the ticket was issued... should I stick to my plan or do the 11b?
Cheers,