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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.""

35 of 254 comments (clear)

  1. The smart phone got him off? by BrowserCapsGuy · · Score: 5, Insightful

    Guy gets a ticket, goes to court dressed respectfully, treats the judge with deference, geeks out to a clueless judge about his nifty new GPS toy, asks the cop something he heard a previous defendant's lawyer ask about lack of evidence that worked, and is found not guilty. The judge goes out of his way to note the GPS evidence played no part in the decision. How is this a story about a smart phone getting someone out of a ticket?

    --
    Alright! I know I'm in there! If I don't come out, I'll have to come in after me!
    1. Re:The smart phone got him off? by PPH · · Score: 3, Insightful

      Its a story about how no judge is going to establish a precedent wherein evidence not under the court's or police department's control will be admitted. Its the same sort of hissy fit they throw when you video some cop doing dirt.

      Its their game and we are not allowed to play.

      --
      Have gnu, will travel.
    2. Re:The smart phone got him off? by morari · · Score: 2

      This doesn't even have anything to do with the GPS itself. You're pretty much always going to get out of a simple speeding ticket if you take it that far.

      The one time I was ever cited a speeding ticket, I jumped through all of their hoops (so-called mayor's court twice for the tiny village before finally getting to the real court) before being told out in the hallway that the case was being dismissed because they "wouldn't have time for it today". Of course, I showed up on time on each occurrence, was well dressed, and had a briefcase full of documents showing just how fucked up the timeline had been in relation to my trial. Between my general presentation and the way I had handled the village's mayor earlier when he tried to dick me around, I'm sure they were in no mood to waste their time. :P

      --
      "He who can destroy a thing, controls a thing." --Paul Atreides, Dune
    3. Re:The smart phone got him off? by im_thatoneguy · · Score: 5, Insightful

      Its a story about how no judge is going to establish a precedent wherein evidence not under the court's or police department's control will be admitted. Its the same sort of hissy fit they throw when you video some cop doing dirt [slashdot.org].

      Or it's a story about a judge who is presented evidence that could very well be fabricated but didn't need it so ruled as he would have ruled anyway and ignored the piece of information which would then have to be vetted, analyzed and contested by expert witnesses.

      "Your honor I wasn't speeding because I had the particular Radar Gun re-calibrated by a certified repair facility and it was 15mph fast. Also I have tinfoil underwear which gives me the illusion of looking like I'm moving faster than I am."
      "I dismiss the speeding ticket against you... but I do so ignoring the claim about your underwear."
      "OMG IT WAS THE UNDERWEAR!"

    4. Re:The smart phone got him off? by Tehrasha · · Score: 2

      No kidding. People get out of speeding tickets for the very reasons he stated, -without- GPS data, all the time.

    5. Re:The smart phone got him off? by resin8 · · Score: 2

      The GPS unit in your phone or car only receives signals from the satellite, it's not a 2 way communication.

    6. Re:The smart phone got him off? by shaitand · · Score: 5, Informative

      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.

    7. Re:The smart phone got him off? by shaitand · · Score: 2

      "Exactly. The Judge could have asked Katta the last time he attended GPS training, when the smartphone was last calibrated, or the unit's model number — none of which the Katta would be able to answer."

      He didn't get off because the judge was in a good mood. The judge didn't ask him those questions because the burden of proof is on the state, and its witness (the cop) not the defendant. Katta had no obligation to prove innocence but the state DID have an obligation to prove guilt.

    8. Re:The smart phone got him off? by morari · · Score: 2

      My schedule worked out to the point that I only had to take one day off of work. Of course... the entire thing took several hours, over the course of about five days, which ran for two months. It probably wouldn't have been worth the time or trouble for most people, and that's exactly what the cops count on. Personally, the satisfaction I had afterward made up for it all. But that's just me, and I love sticking it to the government, and especially to cops. Never mind that the circumstances were highly questionable and my pride and honor were at stake. Besides, because of it, my record remains absolutely spotless. ;)

      --
      "He who can destroy a thing, controls a thing." --Paul Atreides, Dune
    9. Re:The smart phone got him off? by LVWolfman · · Score: 5, Interesting

      I went through a similar thing here in Las Vegas about ten years ago when I was working a paper route. I was driving a '92 Buick, sitting in the left turn lane of a major intersection at about 4AM. I sat through three complete cycles of the traffic lights without ever getting a left turn green light.

      I had four choices:
      1. Wait until the intersection was clear and safe and then carefully make my left turn.
      2. Go straight on the green light for straight, but doing so from the wrong lane.
      3. Back up to where I could get in the proper lane, but breaking the laws regarding reversing more than 150 feet on a public roadway or breaking the law regarding changing lanes within 150 feet of an intersection.
      4. Abandon my vehicle and find a pay phone to call 311 (non-emergency police number) for advice and to report the malfunctioning signal.

      I chose option one. Cross traffic was stopped as my direction had a green light for straight ahead.

      Of course, there was a police office sitting in traffic to my right, who promptly hit the lights and sirens as I turned and pulled me over.

      "I can't believe that you did that in front of me!" he yelled.
      I explained what happened, he handed me a ticket for making an illegal turn and failing to obey a traffic control device, telling me to "Tell it to the judge."

      It took me three appearances at the courthouse before I could see a judge just for the arraignment AND I had to pay bail BEFORE the arraignment because I was pleading not guilty.

      When I gave the judge my plea, he called me to the bench and offered to convert it to a no point parking ticket. I refused and told him "I'm not guilty your honor, taking the deal would be admitting guilt."

      He sighed and said "Ok, I'm not supposed to hear testimony at an arraignment but tell me your story".
      I did.
      He then said "And you want me to make a ruling regarding which was the proper choice? You're not getting from me. CASE DISMISSED!"

      He then told me quietly, "I'd have done the same thing in your situation."

      Yes, it cost me more in time off than the fine would have been, but it was the principle of the thing. Plus I really wanted a judge to rule on the situation.

    10. Re:The smart phone got him off? by mhajicek · · Score: 2

      It boils down to punishing you for being accused even if you're not guilty. I think that's just wrong. I think if you're found not guilty they should have to reimburse you for your lost time, or be punished themselves for false accusations. It would only be fair.

    11. Re:The smart phone got him off? by GNUALMAFUERTE · · Score: 3, Informative

      That is the most uninformed comment I've ever seen.

      In every constitutional democracy the constitution is ABOVE everything. If a law, local or otherwise contradicts the constitution, it can be declared unconstitutional and derogated. If you have broken a law, and you can prove that the law was unconstitutional, you won't be prosecuted.

      You don't need to ask permission to follow the constitution, and while following it, you can (in most countries) disregard laws if they conflict with the constitution.

      --
      WTF am I doing replying to an AC at 5 A.M on a Friday night?
    12. Re:The smart phone got him off? by B1oodAnge1 · · Score: 2

      Don't feed trolls, man...

      --
      RUGBYRUGBYRUGBY
    13. Re:The smart phone got him off? by raodin · · Score: 2

      I'm sorry, what?

      By that same logic, city, county, or state prisons can legally beat and torture their prisoners, unless local law specifically prohibits it. No. Just No.

      All those rights provided to citizens of the United States by the constitution and its amendments apply equally in every jurisdiction in the country, it doesn't matter if the police involved are local or federal.

    14. Re:The smart phone got him off? by SecurityGuy · · Score: 2

      It's a shakedown, pure and simple. In my corner of the world, "court fees" have been around 4-8 times the fine, and are applied whether or not I go to court. There is simply no way disposing of my case cost anywhere near that. Judges don't make that kind of money, even if it take them an hour or two to "sign off" on my case. The difference between just paying the fine and hiring a lawyer to go deal with it for me ends up not being much.

      You pay the money because if you don't, they'll fine you even more. I rather suspect this was one of those cases where it slipped into law because nobody wants to back the criminals, forgetting that with broadly written enough and numerous enough laws, "the criminals" is all of us.

    15. Re:The smart phone got him off? by ShakaUVM · · Score: 2

      There is special handling on scientific evidence. Namely before something can accepted as scientific evidence like DNA, ballistics, etc, the court must have some sort backing that the science is valid. Most of the time that involves the court asking an expert for their analysis of the matter. Both sides are free to present their own experts. The OP is right; this has more to do with the officer's testimony not being able to withstand scrutiny than the validity of the GPS data. IMO, the judge by his ruling and his comment.

      Except it doesn't stop the cops from using car black box data to *convict* people of speeding. (http://indianalawblog.com/archives/2005/01/law_cars_black.html)

      Or, hell, using Youtube videos to retroactively charge people with reckless driving. (http://www.lsxtv.com/news/man-arrested-after-posting-195mph-corvette-video-on-youtube/)

      It certainly should be usable to get people *out* of tickets. Our legal system is supposed to be biased so that more guilty people walk free than innocent people get convicted, but our tough-on-crime modern times has basically forgotten about all of that

  2. Clocked at 40? KM/hr perhaps... by Anonymous Coward · · Score: 5, Funny

    25 MPH happens to be approximately 40KMH.

    Me thinks the cop was incompetent or malicious and had the setting on Metric....

    Do police radar allow you to choose units?

    (Imperial police should not use metric units)

  3. Phone got him off -- Judge avoided precedent by tgrigsby · · Score: 2

    I'm going to guess that, yes, the phone got him out of the ticket, but only because the judge wanted to avoid setting a precedent by expressly ignoring it. I'd say his evidence was clear enough, but the judge wanted to avoid being the judge to rule that an app on someone's mobile device constitutes indisputable evidence, and the lack of evidence on the officer's part gave him the necessary out.

    --
    *** *** You're just jealous 'cause the voices talk to me... ***
    1. Re:Phone got him off -- Judge avoided precedent by thegarbz · · Score: 4, Interesting

      I'd say his evidence was clear enough,

      Really? I use Google Tracks on my cycling trip to work. I typically come to a full stop for about 10-40seconds at 2 red lights during my half an hour commute, and average about 25km/h moving speed. Yet when I look back on the graph of my speed vs distance traveled the graph never shows that I come to a stop, only that I've slowed down. I've also got a hill on the way to work. My record going down this hill is 56km/h for a few seconds according to my bike trip computer. Google Tracks never shows me as having reached 50 on that same trip.

      Was my bike computer mis-calibrated? Unlikely since the last 200km bike trip Google Tracks and my bike computer both showed the total distance traveled to be within 1% of each other. So I ask you, do you think that time averaged samples of speeding data is evidence to be used against a specific point sample?

  4. Dozens of feet over a quarter mile by Anonymous Coward · · Score: 2, Interesting

    gives you a 2% error in speed, or 25 +/- 0.5 mph

  5. Where did that happen? by damn_registrars · · Score: 2

    The last time I was issued a speeding ticket (around 10 or more years ago) I never met with a judge. I went to argue that the ticket was bullshit, as it required my ~80hp car with 3 men (including myself) in it to have accelerated from 0 to 45 in about 10 feet. However when I went to argue against the ticket I was greeted by a district attorney (DA) instead of a judge. I was told if I wanted to meet with a judge I would need to schedule another date beyond the one that I was there for, or I could talk to the DA and see if I could get a plea deal from them.

    The DA saw I had a spotless record, and gave me a deal where I paid a lesser fine, and no offense was reported in my name provided I was not pulled over again in their county for at least 1 full year. I took that deal because I didn't want to go back there, and have never been in that county since.

    Nonetheless my understanding is that my experience was fairly typical. I have heard that few jurisdictions place a speeding ticket in front of a judge immediately.

    --
    Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
    1. Re:Where did that happen? by NitroWolf · · Score: 2

      Around here you always want to protest the ticket and put up whatever evidence you can and hope the officer doesn't show. You can do it via the mail as well (just write your facts, again, hope the officer doesn't send in anything). So long as you don't incriminate yourself, and the officer presents no evidence, you must be found not guilty.

      Plus, even if you are found guilty, you can still opt to go to traffic school and have it removed from your record (but you have to pay the fine), so long as you haven't been to traffic school in the last 18 months.

      And this would be false. If the officer doesn't show, the judge will issue a continuance if he so chooses. Just because someone doesn't show up doesn't automatically mean the case is dismissed. More of then than not, the judge will set a later court date. Now, if one of the parties habitually misses the court date, then yes the judge is likely to dismiss. However, there is no law requiring the judge to dismiss a case because one of the parties didn't show up.

  6. Re:shocked... by Nerdfest · · Score: 2

    There's a big difference between having a GPS tracker running and actually looking at the screen.

  7. My judge throws these out automatically by Mad-cat · · Score: 4, Informative

    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.

  8. Racket by cdn-programmer · · Score: 4, Insightful

    You participated in a racket and were ripped off and now you are proud? Its clowns like you who don't fight that encourage them to continue the racket.

    I had my car towed across the street once... a construction crew wanted to dig up my side. I have no problem with that. What I didn't like was the ticket for parking in the no parking zone. The issue is the no parking zone showed up probably at 7 am in the morning after I left.

    You better believe I fought them! racket. Ont he way home from winning (for the wrong reasons... racket remember) I met my neighbor who had also been parked. I asked him why he didn't get a ticket. He said he did and he paid it.

    Its people like my neighbor who encourage this abuse by paying.

    Rule of thumb. Fight ALL tickets. Never allow them to profit from the racket and we'll hopefully get the racket more under control.

    1. Re:Racket by Andy+Smith · · Score: 4, Interesting

      I've mentioned this incident a couple of times on Slashdot so apologies to anyone who has read it before.

      I was given a ticket for driving in an incorrectly-marked bus lane. The police officers knew it wasn't marked correctly, but they had been orderd to give tickets to everyone. Months later I received a threat of a court summons, or I could pay a fine. A lawyer advised me to just pay the fine. Why? If I didn't then I'd have to go to court TWICE in a city hundreds of miles away, which would cost a couple of hundred £££, and in the unlikely event that I won I wouldn't be able to recover expenses. And, the worst part, because it was the police that had issued the ticket instead of the council, I would get a criminal record. After all the research I had done, and my lawyer's advice, I was sure that the court would rule against me, and I couldn't risk the criminal record.

      Yes it's a racket. Yes I'm ashamed that I didn't fight it. But I was scared that a criminal record would prevent me from working abroad.

      Motoring fines have very little to do with justice or upholding the law. They have become a revenue source for governments desperate to create the illusion of low taxes.

  9. Re:cool story bro by Nyeerrmm · · Score: 2

    Presumably the navigation data is filtered intelligently. A talented undergrad can write a decent Kalman filter, so I'd assume the one Google uses is decent also.

    Taking the precision into account, knowing that cars move in straight lines and curves (not jaggies), and that the velocities change relatively smoothly, you can get a much better estimate of the velocity than simply taking the difference of two positions and dividing the time. It won't account for constant biases, but those won't affect your velocity estimate anyway.

  10. Nope, it was the lack of evidence. by Kaz+Kylheku · · Score: 2

    The GPS data is no better than your word; it could be easily faked.

    It is not from an independent, trusted third party.

    Basically the whole story about the smart phone and the GPS data is a long-winded way of entering a "not guilty" plea.

    I've seen an inexperienced, young cop in traffic court lose something like eight cases in a row because he could not produce evidence.

    Everything from speeding, to red lights, to parking more than 30cm from the curb.

    I had a brilliant defense planned against my charge of running a yellow light, but I didn't get a chance to present it; the judge asked the officer for evidence first, and since there wasn't any, all I had to do was enter my plea of no guilty.

    I don't understand why he bothered to show up that day, other than to get paid.

    1. Re:Nope, it was the lack of evidence. by Some+Bitch · · Score: 3, Insightful

      I've seen an inexperienced, young cop in traffic court lose something like eight cases in a row because he could not produce evidence...

      ...I don't understand why he bothered to show up that day, other than to get paid.

      That was an inexperienced young cop turning into an experienced young cop. No doubt a painfully embarrassing lesson.

  11. Doesn't always go that way, though by JohnnyComeLately · · Score: 3, Interesting

    I crossed a cop for about 3 hours in Vista County (San Diego). The judge recessed twice for a break during my cross. By the time I was done I'd gotten him to admit he had no idea how the thing operated (beam width, etc) and didn't know a single warning from the owners manual. I even pointed out his unit had been duct taped (an aftermarket modification). Still found guilty. The lack of certificate was your ticket killer.

  12. Imma get that app! by tkprit · · Score: 2, Interesting

    I think the state couldn't prove its case, and judges tend to respect people who at least try to put up a decent defense (road was empty and relative in ER) — showing up with an app that showed your top speed and avg speed, that's more impressive than a sob story any day, imo.

    (I always have to delete my in-car computer data when pulled over... my top speeds fall in category of wreckless driving, and I'm paranoid cops will check it out. But good for this guy staying @ or under speed limit... or 'adjusting' the data before the trial.)

  13. Re:cool story bro by chgros · · Score: 2, Informative

    GPS doesn't measure speed by looking at how your position changes; it uses the doppler effect, which is fairly accurate.
    http://gpsinformation.net/main/gpsspeed.htm

  14. Re:The glossy phone got him off? by Urkki · · Score: 3, Informative

    That's "Bible tracts".

    Love,

    Grammar Nazi

    No, bible tracks. It's tank tracks made out of Bibles and barbed wire. As a tank with Bible tracks drives over an unbeliever demonstrator, there's a chance that they'll repent and be saved, when they can read the Bible while lying crushed in the ground and bleeding to death.

    You'd better get your facts straight before you correct spelling errors of other people!

  15. Re:cool story bro by gandhi_2 · · Score: 2

    Jesus FUCKING Christ!
    Quit saying that!
    While GPS *could* use dopler shift, most do NOT! You can't make a blanket statement that they all do. It is utter bullshit.

    I emailed garmin on this question:

    Dear xxxxx,

    Thank you for contacting Garmin International. I'd be happy to help you with your Legend.
    The unit determines speed by using the track log data and calculating time/distance between those points.
    Please let me know if there's anything else I can assist you with.

    With Best Regards,
    Debbie B
    Product Support Specialist
    Outdoor/Fitness Team
    Garmin International

    Here is something from google groups on the issue:
    http://www.mail-archive.com/android-developers@googlegroups.com/msg57902.html

    It is pretty easy to show that consumer GPSR's aren't that accurate, speed-wise. I can easily break the speed limit and slow back down with my Android or eTrex being none the wiser.

    So please, next time this discussion comes up, remember this conversation? It is like Groundhog Day on /. every time this comes up!

  16. Speed traps are unethical and ineffective by 2TecTom · · Score: 2

    They have nothing to do with safety and everything to do about scamming money from the public in order to support irresponsible bureaucrats.

    --
    Words to men, as air to birds.