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Smart Phone Gets Driver Out of a Speeding Ticket
Hugh Pickens writes writes "Sahas Katta writes in Skattertech that a traffic cop pulled him over while driving home and gave him a speeding ticket but thanks to his Android, he ended up walking out of traffic court without having to pay a fine or adding a single point to his record. "I fortunately happened to have Google Tracks running when an officer cited me for speeding while heading back home from a friend's place," writes Katta. "The speed limit in the area was a mere 25 miles per hour and the cop's radar gun shockingly clocked me driving over 40 miles per hour." Once in court Katta asked the officer the last time he attended radar gun training, when the device was last calibrated, or the unit's model number — none of which the officer could answer. "I then presented my time stamped GPS data with details about my average moving speed and maximum speed during my short drive home. Both numbers were well within the posted speed limits," says Katta. "The judge took a moment and declared that I was not guilty, but he had an unusual statement that followed. To avoid any misinterpretations about his ruling, he chose to clarify his decision by citing the lack of evidence on the officer's part. He mentioned that he was not familiar enough with GPS technology to make a decision based on my evidence, but I can't help but imagine that it was an important factor.""
If an officer testifying in my jurisdiction's traffic court can't say when they were trained in radar, when their radar was calibrated, and what model of radar they use, the citation is automatically dismissed. I have certifications for all three of those that I present in evidence immediately after giving general testimony. The smart phone is completely irrelevant to this case.
Essentially, lacking the predicate to introduce the radar into evidence, the officer was saying "he was speeding because I said so, and therefore I wrote him a ticket." Of course the judge threw it out.
The GPS is irrelevant. There are legal requirements for radar training and gun calibration. This is the standard way to get out of a speeding ticket. You know the whole innocent until proven guilty and the burden of proof is on the state thing.