The biggest misconception of fighting and beating speeding tickets are that the police officer or trooper are naive, in regards to speed measuring devices, such as radar, lidar / laser, pacing, gap time / VASCAR, and visual estimation, as well as court testimony.
The police officer is trained and is an expert in the fundamentals of the operation of the said device, along in most case visual estimation or observation of a moving vehicle. He/she is supposed to, have knowledge of the operation of the speed measuring device and recognize certain characteristics: such as errors, guidelines, and procedures. The police officer is not required to have specific knowledge of the scientific theory, workings and/or engineering design of the various speed devices.
Date in Court
In general, when the officer or trooper goes to court on the date of your trial, he/she is asked a few questions, by the government or the court, and in most cases he/she is deemed an expert or expert witness. An “Expert Witness” is defined as by virtue of scientific, technical, or other specialized knowledge will assist a trier of fact (court) to understand the evidence or to determine the facts in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise; Fed. Rule of Evidence 702.
An attorney may aid you in fighting the legal aspect of your case, but an “Expert” or “Expert Witness” will assist you in fighting the root of a traffic stop; speeding ticket, which might have led to the probable cause. “Probable Cause” is defined as A well-grounded suspicion that a crime has been or is being committed’”. The facts and circumstances must show a “`reasonable ground for belief of guilt.”(+) Therefore, in order for a law enforcement official to make a lawful probable cause traffic stop, he/she must meet certain key elements, e.g. police traffic ticket – speeding, traffic control device and equipment ticket, etc.
In general, you will have a higher rate of success in beating a traffic speeding ticket, if you can show the court that certain facts may not be accurate or reliable.
It is the defense expert’s / expert witness job that will be a critical element in your case, since the state / federal will be utilizing their own expert / expert witness (police officer / trooper). Your expert might be able to highlight certain facts to the court such as critical data: geo, site, grades, friction, velocity, lumens, vehicle(s), speed measuring device (lidar, laser radar, pacing, gap timing, VASCAR), and forensics, that may help your case exponentially, with a favorable disposition.
Type of Expert
To level the field of justice you should consider retaining an expert / expert witness, in the exact field of the incident that you are questioning. .
The expert should be an engineer and have at least one (1) degree in their particular field expertise, such as engineering, technology along with practical hands-on experience. That expert must be familiar with speed measuring devices, such as police: radar, laser, lidar, pacing, gap time / VASCAR and visual estimation. The engineer should be a certified speed measuring device operator / instructor along with having knowledge and education of: police training, vehicle characteristics, certified vehicle technician / mechanic, as a well as court rules. He or she should be a member of legal/technical societies not open to the general public, as well as having extensive court experience with presenting material / data to the judge and jury, in an easy to understand manner.
They should offer: site analysis, forensics of all material / data, as well as provide expert witness testimony concerning the police speeding ticket / probable cause traffic stops that are in question.
Remember, a true expert can take a complex ideas and simply them in an easy to understand explanation.
On a closing note, you only get one bite at the proverbial apple, make it a good one, because everyone claims they are not guilty, the key is to prove it. Retain the right expert – Good Luck !!!