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Fighting a Speeding Ticket & Utah Case Law

On Lawyer & Legal » Traffic Law

3,192 words with 2 Comments; publish: Sun, 16 Apr 2006 19:33:00 GMT; (80050.78, « »)

The state is: Utah

I was pulled over by the Utah Highway Patrol on the interstate near Nephi, UT. The officer stated his radar showed I was going 85 in a posted 75 per hour zone. I stated that I was not speeding (and I wasn't). I told the officer that I couldn't have been speeding because I had my cruise control set between 75 and 80 (Actually when I looked after he left, I realized it was actually below 75). I rarely speed and I was NOT speeding on this particular occasion.

I am going to court to fight this ticket. Is there UT State Case Law regarding speeding tickets, Radar and Calibration of Radar? If not, are there other state statutes or laws that could apply? What are your recommendations for fighting this ticket and WINNING?

I realize no Judge in the land is going to believe a regular citizen over a Highway Patrolman, so I'm only going to fight on the Radar Calibration front. Any help you can give would be appreciated (and no, I'm not going to get an attorney--cant' afford one-- and there will be a Prosecutor tryiing the case for the State of UT).

Thanks in advance for your help.The state is:

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  • 2 Comments
    • Quote:
      === Original Words ===

      What is the name of your state? Utah

      I was pulled over by the Utah Highway Patrol on the interstate near Nephi, UT. The officer stated his radar showed I was going 85 in a posted 75 per hour zone. I stated that I was not speeding (and I wasn't). I told the officer that I couldn't have been speeding because I had my cruise control set between 75 and 8 (Actually when I looked after he left, I realized it was actually below 75). I rarely speed and I was NOT speeding on this particular occasion.

      I am going to court to fight this ticket. Is there UT State Case Law regarding speeding tickets, Radar and Calibration of Radar? If not, are there other state statutes or laws that could apply? What are your recommendations for fighting this ticket and WINNING?

      I realize no Judge in the land is going to believe a regular citizen over a Highway Patrolman, so I'm only going to fight on the Radar Calibration front. Any help you can give would be appreciated (and no, I'm not going to get an attorney--cant' afford one-- and there will be a Prosecutor tryiing the case for the State of UT).

      Thanks in advance for your help.What is the name of your state?

      No judge will believe the cruise control story.

      Once the cop testifies as an expert that you were speeding, then the case is over.

      #1; Mon, 17 Apr 2006 10:47:00 GMT
    • If you had read my post thoroughly, you would have read that I only intend to fight the ticket on Radar and calibration of the radar unit. My specific question is: Is there any UTAH State Case Law regarding speeding, radar and calibration of radar?

      I have Case Law from other states, but I, myself, have been unable to find such Case Law for Utah. That is my only question! I have no intention of bringing the cruise control issue into the mix, because as I said, I know the Judge will not believe a lowly citizen over a Highway Patrolman.

      #2; Tue, 18 Apr 2006 16:16:00 GMT