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Interesting...
Posted by Chaz (more from Chaz) on Thu, 6 Jul 2006 05:15:58
In Reply to: Cop tried to tell me radar detector is illegal in NY..., AlexA, Wed, 5 Jul 2006 21:18:28
...I doubt he will admit that he said these things in court. I began to follow the advice of a website dedicated to fighting summonses, and I carry a voice recorder in my car. It reminds officers what they said, and given they don't always admit to stuff like this, the voice recorder then proves the officer's testimony is in err. That is enough to create a case for reasonable doubt.

In your case, I would fight it. It would be beautiful if he had his car's VCR recorder on, as you would then have him nailed on the statemements. The problem is that if you really did go through the stop sign, it is also on tape. If his car is equiped with VCR but it was not on, you have a case for dismissal.

All this means you need to go through the process of 'discovery'. You need to request in writing any notes and films and materials that the state and officer have. You need to review those items prior to going to court. It is like homework. If he states he was 100 yards away, or his vision was obscured by something, the case gets tossed. Maybe he realises that his summonse is shaky and he doesn't want you to show for that reason.

Best.
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