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Old 03-20-2008, 07:26 AM
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Quote:
Originally Posted by Flying Dutchman View Post
In this case I was directly behind the highway patrol officer for about 3 miles on the over pass north of Garden City. I was going 50 miles an hour since that is how fast he was going and I was not about to pass him. My passenger in the truck even remarked at how slow we were going. As we reached the curve on the east side of Garden, the officer pulled over, got behind me then pulled me over.

If he clocked you behind him, then I have a question: Did he use radar or did he pace you? IF he used radar with you behind him, then he must have used his rear antenna. I have noticed that all the cops now have REAR antennas on their radars and they have recently been using the rear antennas to clock speeders.

Rear antennas are often less accurate than forward antennas because it's more difficult to ascertain the vehicle you are pointing at, especially around a curve. It's possible that the vehicle that is reading 71 is a different vehicle than you think. Since you were on a curve, you have to deal with the "cosine effect", whereas in straight direction it's much less existent, or not at all.

If I were you, I'd file a "de novo" appeal and concentrate on more than just the officers calibration. Some other points I'd consider questioning on:

Was rear antenna used? If so, was the vehicle re-clocked with forward antenna after it passed?

What was the drivers certification status at the time of citing?

What were the road conditions? Straight on, curve? Other cars around that could have returned the reading? Train or other moving obstacles? Traffic conditions -heavy?

Did the officer offer to let you see the radar? Was 71 "locked" or "momentarily observed"? (could indicate false reading or other vehicle)

I would avoid putting all your eggs in one basket and relying solely on the radars calibration. The new radars calibrate themselves internally every time they are powered on and can even be done after each stop. But understand that calibration does not equate to 100% accuracy or even proper usage and interpretation by the officer. Understand that the cop "interprets" the radar and can easily misinterpret its indication of the culprit vehicle.

Good luck!!
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