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Smart Phone Gets Driver Out of a Speeding Ticket

Hugh Pickens writes (1984118) writes | more than 3 years ago

Crime 1

Hugh Pickens writes writes "Sahas Katta writes in Skattertech that a traffic cop pulled him over while driving home and gave him a speeding ticket but thanks to his Android, he ended up walking out of traffic court without having to pay a fine or adding a single point to his record. "I fortunately happened to have Google Tracks running when an officer cited me for speeding while heading back home from a friend’s place," writes Katta. "The speed limit in the area was a mere 25 miles per hour and the cop’s radar gun shockingly clocked me driving over 40 miles per hour." Once in court Katta asked the officer the last time he attended radar gun training, when the device was last calibrated, or the unit’s model number — none of which the officer could answer. "I then presented my time stamped GPS data with details about my average moving speed and maximum speed during my short drive home. Both numbers were well within the posted speed limits," says Katta. "The judge took a moment and declared that I was not guilty, but he had an unusual statement that followed. To avoid any misinterpretations about his ruling, he chose to clarify his decision by citing the lack of evidence on the officer’s part. He mentioned that he was not familiar enough with GPS technology to make a decision based on my evidence, but I can’t help but imagine that it was an important factor.""

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That's not how law works (1)

JSG (82708) | more than 3 years ago | (#35319470)

I doubt very much that your evidence really made a huge amount of difference.

You called the officer's evidence into question in a valid way (as you describe it) - that's what would have swung it in your favour. For his evidence to be valid he should have ensured that he followed the procedures for using a speed checking device and he clearly didn't.

Still, your phone app angle makes a nice spin on an otherwise routine court appearance.

It is possible that you have helped add to the possibility that such things would be considered potential evidence but then you would also have to prove that you followed similar procedures that the traffic policeman should have for his evidence.

Can you prove that your data was valid and not tampered with in any way? At best your evidence can be described as anecdotal or loosely corroborative. It is better than saying "no I didn't" but not much. To make a difference you would need some sort of expert witness that would be recognized by the court as such to pronounce your evidence as valid.

Cheers
Jon

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