12-09-2008, 09:51 PM #1
- Join Date
- Dec 2008
Arizona 28-701 (A) Failure to control (Accident)
I found this sight from a related post but it does not answer my specific question.
I was given a violation written as "28-701 (A) Speeding"
The information envelope provided describes this as "Failure to control (Accident) $142.00"
From the limited information I could find online I believe the (A) suffix is specifically for failure to control speed when involved in an accident collision.
Not accidental speeding. Is this correct?
My booklet says 0-10MPH is a $135.00 ticket again different then the 28-701(A) at $142.00.
With no accident could this ticket get thrown out in court by a technicality?
I approached a 4 way stop in my neighbor hood. I was not the first to approach, no cars were moving, I waved the cross traffic twice (one was the under cover cop), Non of them proceeded into the intersection. Then the on coming traffic opposing me pulled in, so I pulled through the intersetion to get us all moving. The under cover cop was in a cross traffic lane, left lane straight only not the right hand turning lane with a car in his right lane goign straight. After he saw me pass in 1st gear with a loud exhaust he had to of waited for the car next to him to leave the intersection and he took an illegal right hand turn to fallow me. I was targeted for having a sports car with a loud exhaust. I saw the black ram charge coming up on me fast then he put his lights on. I was not accelerating I was behind another car, he never leveled off his speed. I was told my speed was 45 in a 35, I said where, he said right back there. I said can you show me the reading, He said yea, we go to the car and he jumped in and pushed some buttons then said he must not have locked it in and is not required to show me the radar reading.
Last question, An accelerating cop car taking a front laser reading, how accurate can it be, within how many MPH?
I think I can prove mathematically a reasonable doubt that the equipment under accelerating conditions with a variable seed target could be well within the legal speed limit of what is testable given the equipment tolerance under those conditions. Would it hold up in court, probably not.. but I am an EE designer professionally capable of making such an assessment.
Are there any test specifications on the squad cars that are publicly available, related to speed reading tolerance and calibration under different conditions?
Can I request that type of technical information before my court date?
The related post I found:
Definition of Failure to reduce speed to avoid an accident
12-10-2008, 02:26 AM #2
- Join Date
- Feb 2008
You got a speeding ticket,so what, pay it and move on..
12-10-2008, 02:48 AM #3
If you don't want the police on your tail maybe you should put a legal muffler on the car and not speed.
Also a police officer can disregard the rules of the road and violate the traffic code in order to perform his or her duty. The turn from the left lane would not be illegal since it was executed in order to catch a vehicle with a possible equipment violation and subsequent speeding.
The forks don't actually change anything on the radar unit itself but vibrates at a certain frequency. If the radar is calibrated properly it will show a specific speed. The radar also does an internal check to make sure its computer functions are working properly. The combination of these tests insures the radar is working properly and accurate.
Weather does not affect radar. Snow, rain, wind, fog, and darkness have no affect. If anything it wouldn't change the speed it just would not get a clear doppler tone.
Yes you can request technical information, call or visit the state or city attorney's office to make the request before court. Waiting till the day will just cause confusion and will delay getting your ticket resolved. The only thing that is really going to be available is the calibration documents for the radar. The officer doesn't have to keep a log of the fork tests, if he does it will only hurt you since it will be a legal document that he did in fact test his radar that day. Otherwise you can contact the manufacturer and see about getting a manual but I don't know how that would do you any good.
Last edited by wirefire2; 12-10-2008 at 03:00 AM.
12-10-2008, 04:25 AM #4
- Join Date
- Dec 2005
- Avondale Arizona
ARS 28-701A is the ticket for speeding. It is also the one for failure to control speed to avoid a collision. You won't get the ticket thrown out for a technicality and the cop will not have to amend it. Pay the ticket or take traffic school.
12-10-2008, 12:07 PM #5
- Join Date
- Dec 2004
Dont pay the ticket, dont go to school. Fight the charge. Set up a hearing date and take all your questions to court and plead your case with the judge. Your an American. You have rights. Oh and when you judge hammers you with a large *** fine, take it like a man and pay it. Because your not going to win. Your not the first guy to question police equipment and I would guess its not the first ticket that cop has written.
I always encourage my violators to go to court and fight the charge. Civil traffic court is on my day off and its an automatic two hours OT. In an Arizona civil traffic hearing you dont need reasonable doubt. Its proponderance of the evidence.
Good luck sir
12-10-2008, 02:10 PM #6
- Join Date
- Jul 2003
You need to read the first part of ARS 28-701A, the part that says, "A person shall not drive a vehicle on a highway at a speed greater than is reasonable and prudent under the circumstances, conditions and actual and potential hazards then existing." You're caught, pay the ticket or go to traffic school.....or fight it and give the officer a few hours OT. I love it when people fight my tickets, because if I win in court, I got paid 2 hours overtime and you had to pay the ticket. If you win in court, I STILL got paid two hours OT and you had to take a day out of your life to fight the ticket. Either way, I win.1*
Ten dash eight!
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