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Fight Over $194 Speeding Ticket Costs $15,000 and Counting

An anonymous reader writes "Roger Rude, a retired Sonoma County sheriff's lieutenant, is still fighting a speeding ticket his step-son, Shaun Malone, received in 2007. Shaun Malone was allegedly going 62 mph in a 45-mph zone, according to a Petaluma police officer. To the officer's surprise, Malone was using a GPS tracking device which reported his speed to an online database every 30 seconds. At the time of stop, the GPS reported Malone's speed at 45 mph. Rude has been helping Malone fight the speeding ticket for over two years. The Petaluma Police Department has spent $15,000 in the prosecution of this case. The case is now in the hands of the Commissioner."

48 comments

  1. Global Positioning System System never lies by oldspewey · · Score: 1

    Maloneâ(TM)s family contends a GPS system they installed in his car to monitor his driving proves he was driving 45 mph

    It's airtight. When a judge sees that there is evidence from a Global Positioning System system he will be forced to dismiss the case.

    --
    If libertarians are so opposed to effective government, why don't they all move to Somalia?
    1. Re:Global Positioning System System never lies by Anonymous Coward · · Score: 0

      LOL, because those are so perfect. Not like where I drive home along a 40 yr old road and am shown at 200mph, 75 ft above the road...

    2. Re:Global Positioning System System never lies by Strike+Fiss · · Score: 1

      If I were involved in the case I'd want to do some reliability tests using that model of GPS device and that stretch of road during similar conditions to see if it would jump around a lot. It would be interesting to see how uniform the data is from the GPS tracker in general. Did it ever post a "200mph @ 75ft" instance that the cops could use to discredit it? Or did it always have a firm sat-lock and provide reliable data? Could be a case-maker or breaker.

    3. Re:Global Positioning System System never lies by sjames · · Score: 1

      So it's about as good as the radar that has a reputation for clocking trees at 145MPH?

    4. Re:Global Positioning System System never lies by tecnico.hitos · · Score: 3, Funny

      They seem fast when I drive pass them, but when I go check it out they stop.

      Good thing at least one radar is able to get these sneaky trees.

      --
      The good, the evil and the vacuum tubes.
    5. Re:Global Positioning System System never lies by Anonymous Coward · · Score: 0

      It's airtight all right, but for the prosecution. This article reports:

      [The GPS device] recorded Malone sitting at a stoplight at Frates Road and 30 seconds later going 45 mph 2,040 feet farther down the road, according to Heppe. In between, Petaluma Officer Steve Johnson reportedly caught Malone on radar going 62 mph. The distance between the radar reading and when he was recorded going 45 mph is great enough that Malone could have easily slowed down, Heppe testified.

      Correct. The average velocity between points A and B is (2040 feet) / (30 s) = 46.4 mph. There is some dispute over the distance, which changes things by a few percent at most. The wee bit over 45 isn't the issue. The device recorded an instantaneous velocity of 0 at point A and 45 mph at point B. Obviously, if the terminal velocity is about the same as the average, yet the start was zero, there must have been some distance traveled at above average velocity, and 62 mph sounds just about right to balance the acceleration phase.

      The police is right.

    6. Re:Global Positioning System System never lies by tomhudson · · Score: 0, Redundant

      "Every 30 seconds": isn't a good enough sample rate, simple as that.

    7. Re:Global Positioning System System never lies by necro81 · · Score: 1

      That was my thought as well. Who's to say that the recorded 45 mph wasn't sampled immediately after the kid hit the brakes after realizing he'd just been lit up by a cop cruiser. What was the kid's speed the previous five minutes? Unless the company can demonstrate that their device reports the maximum speed in the last 30 seconds, the data is pretty useless.

    8. Re:Global Positioning System System never lies by Anonymous Coward · · Score: 0

      For typical consumer-grade GPS the position accuracy will be on the order of handfuls to tens of meters (2DRMS), but the velocity accuracy will be on the order of tenths of meters per second or better. One meter per second = 3.6 kilometers per hour = 2.16 miles per hour. So the error in reporting speed (just magnitude of velocity) from the GPS will almost certainly be much less than +/- 1 mph. /BR

    9. Re:Global Positioning System System never lies by Anonymous Coward · · Score: 0

      The police is right.

      Unfortunately, your English isn't.

    10. Re:Global Positioning System System never lies by Demena · · Score: 2, Insightful

      You say 62 sounds about right to balance the acceleration phase but you have not taken into account the short distance travelled. Going from 0 to 62 and then slowing down to 45 in 30 seconds is going to take a lot more distance travelled than a little over a third of a mile. It would certainly take some beast of a car - if it is possible at all.

    11. Re:Global Positioning System System never lies by Anonymous Coward · · Score: 0

      Maloneâ(TM)s family contends a GPS system they installed in his car to monitor his driving proves he was driving 45 mph

      It's airtight. When a judge sees that there is evidence from a Global Positioning System system he will be forced to dismiss the case.

      Don't be foolish. GPS tracking is much more reliable than radar.

    12. Re:Global Positioning System System never lies by Anonymous Coward · · Score: 0

      I wasn't present at trial, so I can't say anything specifically about the merits of either side's argument. I would note, however, that the prosecution's expert witness in this case was also the GPS expert witness at a recent major suit/countersuit clash between two of the largest players in the consumer GPS industryâ"on the side that lost big (i.e. all their claims were dismissed, while all the other side's claims were upheld). So his "expertise" doesn't exactly have the best track record.

      --CF

    13. Re:Global Positioning System System never lies by TenDigitCreations · · Score: 1

      Not true! If proper training and operation is obtained before operating the unit, this is a factor that can be avoided. Panning, scanning, batching, cosine, and all other effects can be avoided if properly operated. It's also easy to show that they were properly avoided. Now, to the point! As a police officer, I do not want a satellite issuing citations! I will take my chances on a real person any day. If this Lt. wins this case, it will open the door to the satellites being accurate, which they are not!!!! Then, you will find technology being introduced for that satellite to clock your speeds and issue tickets via mail. I don't want this for law enforcement or as a citizen. I hope he looses for both reasons; his son needs a lesson, just like any other citizen and we don't need satellite traffic enforcement!!!!

      --
      http://www.tendigitgifts.com Where happiness comes scented!
  2. Completely false. by EvilStein · · Score: 3, Insightful

    The court system went down the Stupid Route and said that GPS technology wasn't accurate or reliable enough.

    Read up on the case. it's insane. they should have dismissed the damn ticket immediately.

    1. Re:Completely false. by tomhudson · · Score: 1, Informative

      The judge was right to rule against the GPS. A sample rate of once every 30 seconds ISN'T accurate. It doesn't "prove" anything about his speed when he was clocked by the cops.

    2. Re:Completely false. by Anonymous Coward · · Score: 0

      That's bullshit. Nobody drives around speeding 20mph and then hitting the brakes.

      Not if they don't intend to destroy their cars, that is.

    3. Re:Completely false. by Anonymous Coward · · Score: 0

      The police and courts are just in it to make money. There are many ways to penalize speeders other than taking their money. They are too woried that GPS will be used to prove their radar wrong in the future and threaten their income.

    4. Re:Completely false. by Anonymous Coward · · Score: 0

      Absolutely agree... the police use GPS as an aid, and should not hold it against this kid when the technology came to his aid. Sounds like some press hungry politicians wanting to make a name for themselves to me.

    5. Re:Completely false. by Anonymous Coward · · Score: 0

      Totally agree!! I respect the police but they are human and make mistakes too! It is very easy for them to clock the wrong car...much less, there is no proof the radar was even calibrated! Why waste taxpayers money over a $194 ticket!!

    6. Re:Completely false. by Anonymous Coward · · Score: 0

      The judge was right to rule against the GPS. A sample rate of once every 30 seconds ISN'T accurate. It doesn't "prove" anything about his speed when he was clocked by the cops.

      You are full of it. Simple math of distance and time will solve the case and prove the GPS tracker to be accurate. Even you could probably figure this out. Just count on your fingers and toes.

    7. Re:Completely false. by tomhudson · · Score: 1

      The judge was right to rule against the GPS. A sample rate of once every 30 seconds ISN'T accurate. It doesn't "prove" anything about his speed when he was clocked by the cops.

      You are full of it. Simple math of distance and time will solve the case and prove the GPS tracker to be accurate. Even you could probably figure this out. Just count on your fingers and toes.

      Sampling only once every 30 seconds tells you NOTHING about the speed during the intervening time. If you read the other comments, or used common sense, you'd realize that. All the 2 data points will give you is his AVERAGE speed between the 2 points.

      Fucktard.

    8. Re:Completely false. by tomhudson · · Score: 1

      Totally agree!! I respect the police but they are human and make mistakes too! It is very easy for them to clock the wrong car...much less, there is no proof the radar was even calibrated! Why waste taxpayers money over a $194 ticket!!

      At the beginning and ending of every shift, the cops verify the accuracy of the radar gun. They've been down that road before (pun intended).

    9. Re:Completely false. by Surt · · Score: 1

      Right. No one who is speeding ever spots a cop and slows down. Ever.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    10. Re:Completely false. by Surt · · Score: 1

      d/t = average speed
      d/t^2 = acceleration

      Exercise for the day: compute the maximum speed the kid's car could have hit by looking up the manufacturer's data on acceleration (and braking), and knowing the length of the road being measured, and the time it took to traverse that distance.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    11. Re:Completely false. by Anonymous Coward · · Score: 0

      TOM,
      YOU HAVE NO CLUE WHAT YOU ARE TALKING ABOUT. You don't need two data points to give an average speed. One data point will give you the exact speed. DO YOUR RESEARCH. I HAVE WORKED DIRECTLY WITH GPS TRACKING SYSTEMS FOR SEVERAL YEARS. I DO KNOW THIS IS A FACT.

    12. Re:Completely false. by TenDigitCreations · · Score: 1

      Exactly Tom! They are not and never will be accurate enough to hold you accountable for a speeding charge!! So, the real question, do you want it to come to a point that speeding tickets are issued by mail, based on satellite? I do not!

      --
      http://www.tendigitgifts.com Where happiness comes scented!
    13. Re:Completely false. by tomhudson · · Score: 1

      YOU HAVE NO CLUE WHAT YOU ARE TALKING ABOUT. You don't need two data points to give an average speed. One data point will give you the exact speed. DO YOUR RESEARCH. I HAVE WORKED DIRECTLY WITH GPS TRACKING SYSTEMS FOR SEVERAL YEARS. I DO KNOW THIS IS A FACT.

      You know nothing.

      You are a fucking retard. It won't unless you KNOW that the radar was taken the exact same time that the GPS data was taken. There is NO radar or lidar gun out there that will automatically query and sync with the perp's onboard GPS. You can change your speed a LOT in that 30-second window. For example, accelerate to 60mph, get hit by the radar cop, then slow down again to 45 mph.

      The judge has to deal in facts. GPS readings that aren't synced to the radar gun time-wise, are not a "fact" about how fast the perp was going when the radar caught him at time B. They're only a "fact" about how fast he was going at time A and time C. They might set upper and lower bounds for his speed at time B, bt they don't "prove" anything else.

      All that they have is that at SOME point in time, not necessarily the time when the radar lit the perp up (maybe 15 seconds before and 15 seconds after, or 20 seconds before and 10 seconds after), there was GPS data showing certain speeds. Unless you can prove that the GPS data was taken simultaneously with the radar reading, you have no "proof."

      Don't even bother going back to school to learn basic principles of logic - it's obviously beyond you.

      You remind me of the people who turn onto train tracks and get creamed because the GPS said "turn right now" and they did ... rather than at the next street. Real Darwin Award material.

    14. Re:Completely false. by Anonymous Coward · · Score: 0

      You are changing your story now. You have omitted your "sample rate" theory. I'm not disputing the obvious that a child could figure out, which is that we don't know at what point during the 30 second interval the radar clocked the vehicle. You try to win your arguments with profanity because the issue is too ambiguous for you. To save you time from pulling out your dictionary, the word "ambiguous" means that it's too difficult for you to understand.

    15. Re:Completely false. by tomhudson · · Score: 1

      No, I'm not changing my story in any shape, manner or form. It's YOU who made false claims, and now are unable to back them up in the face of additional facts.

      The only "ambiguity" here is someone hiding as an AC.

      The fact that your arguments are as fucktarded as the defendants is the point - read the story. No ambiguity on either count.

  3. Human error or GPS by realsilly · · Score: 1

    It's easy to make mistakes, and GPS systems are not perfect, but after 2+ years either the GPS data has proven to be very questionable or the procecution refuses to let go of an issue. At this point, I would almost believe the officer who issued the ticket is now holding a grudge to help prove a point. But that's just wild and irresponsible speculation.

    --
    Life takes interesting turns, but the most interest is when you're off the beaten path.
    1. Re:Human error or GPS by Anonymous Coward · · Score: 0

      It's easy to make mistakes, and GPS systems are not perfect, but after 2+ years either the GPS data has proven to be very questionable or the procecution refuses to let go of an issue. At this point, I would almost believe the officer who issued the ticket is now holding a grudge to help prove a point. But that's just wild and irresponsible speculation.

      No form of technology is perfect, but there are a lot more questions that can be raised about radar than about gps.

  4. Maybe my cyberfriend should do the same... by antdude · · Score: 1

    ... since he got pulled over for $90.00 for playing UNO, on his mobile phone in IRC, while driving: http://aqfl.net/?q=node/7470 ... [grin]

    --
    Ant(Dude) @ Quality Foraged Links (AQFL.net) & The Ant Farm (antfarm.ma.cx / antfarm.home.dhs.org).
  5. Missing data points by OhHellWithIt · · Score: 1

    From TFA:

    The teen's GPS, however, pegged the car at 45 mph in virtually the same location.

    At issue is the distance from the stoplight at Freitas Road â" site of the first GPS "ping" that showed Malone stopped â" to the second ping 30 seconds later, when he was going 45 mph.

    Sonoma County Deputy District Attorney Michael Li wrote in his closing arguments that given the distance, which he pegged at 1,980 feet, and time between pings, Malone would have had to have been traveling at an average speed faster than 45 mph, thus supporting the officer's observations and the radar.

    But Martinez, in his written statement, said the distance was 1,950 to 2,010 feet, making it possible for Malone to travel the two points without speeding.

    The difference between 1,980 and 2,010 feet is a red herring. If he covered 2,010 feet in 30 seconds, that's an average speed of 67 ft./min., or 44.3 m.p.h., awfully close to the 45 m.p.h. limit. It would take nearly instantaneous acceleration to get from a dead stop to 45 quickly enough to achieve that average speed over 30 seconds. I'm not sure they make cars that accelerate like that. On the other hand, cars can decelerate much better than they accelerate, and it would be much easier to get from 62 to 45 m.p.h. upon noticing a police car beside the road ahead.

    --
    "Who controls the past controls the future. Who controls the present controls the past." -- George Orwell
    1. Re:Missing data points by OhHellWithIt · · Score: 1

      Well, I see I totally screwed up the math on this through not reading the problem correctly. It would make for an interesting high school algebra problem, though, that kids could relate to.

      --
      "Who controls the past controls the future. Who controls the present controls the past." -- George Orwell
    2. Re:Missing data points by tomhudson · · Score: 1

      It would take nearly instantaneous acceleration to get from a dead stop to 45 quickly enough to achieve that average speed over 30 seconds. I'm not sure they make cars that accelerate like that.

      http://www.albeedigital.com/supercoupe/articles/0-60times.html

      1. It's hard to find a car that can't do 0-60, then brake hard enough to get back to 45 mph, in that time.
      2. If he "coasted" through the previous stop (an "American Stop") instead of a complete stop, then it's even easier.
    3. Re:Missing data points by omnichad · · Score: 1

      Is an "American Stop" really exclusive to Americans? I want to know. I hate it when people do it - especially people who try it at a 4-way stop. And is that all of North America?

    4. Re:Missing data points by 0BoDy · · Score: 1

      technically, this is a calculus problem

      --
      Can I be a Luddite too?
    5. Re:Missing data points by OhHellWithIt · · Score: 1

      technically, this is a calculus problem

      Yes, I know. My trouble is that I never managed a passing grade in second semester calculus, and that was thirty years ago.

      --
      "Who controls the past controls the future. Who controls the present controls the past." -- George Orwell
  6. Radar Inaccuracies by Anonymous Coward · · Score: 0

    1. Radar signals can bouns off of objects and give false readings.
    2. Radar will significantly multiply a vehicles speed on hills and corners.
    3. Radar can be affected by interferences inside the patrol car, such as, a fan.
    4. Mobile radar, as opposed to stationary, is often inaccurate.
    5. Radar tunning forks inaccurate for radar calibration check.
    6. Human error include:
          A. Officer locking in the speed of the wrong vehicle
          B. Officer not identifying the correct vehicle
          C. Officer not stopping the correct vehicle

    Now, I'm trying to think of GPS inaccuracies...........still thinking............No, I can't come up with anything.
         

    1. Re:Radar Inaccuracies by Anonymous Coward · · Score: 1, Informative

      As you transition between satellites, GPS can shift your position suddenly. Atmospheric effects and satellite movement can cause drift over time. Within 1 second you don't see a lot of drift. Over 30 seconds, yeah... You'll see some.

      .

      Then there are buildings, canyons, bridges, issues with radio-line-of-sight, reflected signals, etc. Multipath effects can be a problem.

      .

      There's far more than I can go into here. Wiki GPS has a good description of all the issues.

      .

      Most cars can accelerate to the speed limit within a few seconds. When driven by teenagers, it's closer to instantaneous. The real question is: How long was Malone sitting at that stoplight at Frates Road AFTER the zero-speed reading? Zero time, and he probably wasn't speeding. 10 seconds, and he probably was.

  7. nic by Anonymous Coward · · Score: 0

    GPS tracking is state-of-the-art technology, many govt fleets already use it so they should already know how accurate these systems are.

  8. Radar vs. GPS Flaws by vehicle+tracking · · Score: 1

    Radar Flaws 1. Radar signals can have interference from outside objects 2. Radar can pick up multiple vehicles at one time giving false readings 3. Police departments sometimes fail to maintain annual certification 4. Many times officer identifies and stops the wrong vehicle because they are distracted by trying to safely pull out into traffic in pursuit of the suspect vehicle. GPS Flaws 1. Tampering 2. Bridges, parking garages, bad weather causing interference The interferences with GPS can't really be called flaws. The main concern with GPS tracking technology is receiving and transmitting the signal. If the signal can communicate, the information will be correct. In general, GPS is reliable and accurate.

    1. Re:Radar vs. GPS Flaws by Anonymous Coward · · Score: 0

      Radar Flaws
      1. Radar signals can have interference from outside objects
      2. Radar can pick up multiple vehicles at one time giving false readings
      3. Police departments sometimes fail to maintain annual certification
      4. Many times officer identifies and stops the wrong vehicle because they are distracted by trying to safely pull out into traffic in pursuit of the suspect vehicle.

      GPS Flaws
      1. Tampering
      2. Bridges, parking garages, bad weather causing interference
      The interferences with GPS can't really be called flaws. The main concern with GPS tracking technology is receiving and transmitting the signal. If the signal can communicate, the information will be correct. In general, GPS is reliable and accurate.

      I agree with this. Very few elements cause disruption, but if there is a reported speed, that speed is accurate. The margin of error is less than 1 mph.

    2. Re:Radar vs. GPS Flaws by Anonymous Coward · · Score: 0

      I agree with this, but there's a lot more that could be said about radar flaws. In fact, based on my experience in law enforcement, officer error is very common. There are many, many human error factors to consider with radar. If I were the commissioner, I would be very careful and not even consider rulling out GPS technology. The GPS technology has proven itself. This is the sort of case that could end up in the supreme court.

  9. Trust GPS over Radar by Anonymous Coward · · Score: 1, Interesting

    I was a police officer for many years. I wrote hundreds of speeding tickets. Radar is generally reliable, but with all things considered in this case, I would trust the GPS tracking device over the radar.

  10. Another clueless moron ... sheesh! by tomhudson · · Score: 1

    That's bullshit. Nobody drives around speeding 20mph and then hitting the brakes.

    Not if they don't intend to destroy their cars, that is.

    Do you even have a driver's license? No, I didn't think so. You're an idiot.

    There are PLENTY of people who do exactly that all the time. In many areas, the cops don't bother with you unless you're at least 20 mph over the limit, because otherwise they'd be stopping everybody. And no, braking to shave 20mph off your speed doesn't "destroy their cars." If it did, no car would survive a trip with a top speed of 20 mph.

  11. Ping assumption by Anonymous Coward · · Score: 0

    It seems as though everyone is assuming that he started from the stoplight at the same instant that the GPS pinged.
    If he sat at the light for 5 seconds after it pinged then the average speed is bumped to 54 mph average, 10 seconds and it becomes 67.5 mph average.
    In this instance GPS is extremely weak evidence. It isn't exculpatory because of the potential to have still been speeding.

    GPS accuracy shoudn't come into play, only the interpretation of its readouts.
    It should still be strong evidence if there are few speed changes such as a freeway.

    He was on the way to the speedway and forgot himself for a moment. I'd be lenient if the rest of his trip showed him near the speed limit.