Question about the Iowa Law
Question about the Iowa Law
So i just got a speeding ticket the other day for going 5 over. 5 OVER!!!!
im thinking about fighting it. and i read online that cops need to certify there rada gun very often or it will be rading wrong.
So i was thinking about going to court and ask the officer when his radar gun was last certified, and if its out of date it will be unrealiable information meaning no effidence equaling no ticket
So in iowa how often do the cops have to recertify their gun.
im thinking about fighting it. and i read online that cops need to certify there rada gun very often or it will be rading wrong.
So i was thinking about going to court and ask the officer when his radar gun was last certified, and if its out of date it will be unrealiable information meaning no effidence equaling no ticket
So in iowa how often do the cops have to recertify their gun.
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Re: Question about the Iowa Law
dont know what state you are in but in cal - i am a lawyer - the radar has to be after a speed survey that monitors the speed of traffic. if the speed survey shows that traffic usually runs faster than the posted speed limits they cant claim that you are speeding if they are going faster than the speed limit but less than the average speed on the road.
the radar has to be checked on a regular basis under title 17 of the cal administrative code. it iis usually done with a tuning fork.
additionally there is a problem if more than one car is on the road with you and driving close to you - which car was it checking, yours or the car next to you.
there are a lot more things but i would need more info.
if radar is not authorized and they use it then the cops cannot testify about the speed even if they use an otherwise admissible form of estimating that speed.
the radar has to be checked on a regular basis under title 17 of the cal administrative code. it iis usually done with a tuning fork.
additionally there is a problem if more than one car is on the road with you and driving close to you - which car was it checking, yours or the car next to you.
there are a lot more things but i would need more info.
if radar is not authorized and they use it then the cops cannot testify about the speed even if they use an otherwise admissible form of estimating that speed.
Re: Question about the Iowa Law
Speeding is speeding whether it is 1 over or 5 they CAN pull you over and site you for it. Iowa law states that if you are in a 35-55 MPH zone and you are doing 10 mph or less the violation will not be added to your driving record. If you get 3 or more of those said violations in a 12 month period it will then count as 1 moving violation and each additional one after that will also count as 1 moving violation. You will still have to pay the fine and court costs but it will not count against you. If you plan on fighting this, you would either need a lawyer or start studying Iowa law because it takes alot to convince the judge otherwise.
Last edited by AaronIROCZ; Jun 29, 2009 at 12:44 PM.
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Re: Question about the Iowa Law
In my experience just going in front of the judge and pleading guilty to speeding reduce the fine and whether it sticks to your record. Plus its always entertaining to sit in on a court sessions.
Re: Question about the Iowa Law
yeah i noticed iowa judges are hard to convince. i got a ticket for traffic violation wheni went threw a yellow light and was in the intersection as it turned yellow. the cop lied and said it was red when i had 5 witness, still lost.
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Re: Question about the Iowa Law
unless they were impartial observers (i.e. not your friends) you could bring in everyone you have ever met and the judge will take the side of a blind cop.
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