What are my rights for fighting a speeding ticket in Post Falls, IDaho?
Question:
After dropping my little brother off at school I was heading west bound on Poleline Ave. Officer Harvey was driving in front of me by about 100 yds when he pulled a U-turn to go onto the East-bound traffic lane of Poleline Ave without turning on his lights. After I passed him in the opposite lane, as I was still heading west-bound, he flipped another U-turn, again not turning his lights on. He then proceeded to tail me 200yds to the 4-way stop at Poleline Ave and Greensferry. I made a Left turn onto Greensferry when Officer Harvey then flashed his lights to pull me over.
He came to my window asking for license, registration, and proof of Insurance which I provided him. He said he "clocked" me at 33-34mph in a 20mph School Zone. After he came back to my window to issue me the Traffic Citation, I asked him to see the calibration on his Radar Gun. He said it was attached to his car and that I was not allowed to see it. I got a voice recording of him saying he wouldn't permit me to see the Radar Gun that he supposedly clocked me for speeding with.
What I would like to know is: what are my rights under Idaho law, and how can I fight this in court without having to hire a lawyer?
Thank you in advance for all of your help!
Answer:
The officer is not required to show you and you are not permitted to see the display on the radar/lidar. Calibration is done to the radar/lidar prior to the officer going on duty and is irrelevant at the time of the traffic stop. You can fight the ticket but more than likely you will not win. If the officer observed you speeding in a school zone, the court will likely side with the officer. Depending on your state also, it is possible that you may get into trouble for recording your conversation with the officer and not advising him that you were doing so. Just go to court and pay the fine, will save you a lot of time, money and trouble.
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