I was pulled over for speeding on a 3 lane highway. I have a state of the art Escort 9500i with enhanced LIDAR detection. I was in the left lane, traveling next to me in the center lane was a large 18 wheeler industrial dumpster and in the right lane was an 18 wheeler staggered in front of the container truck. We were moving as a unit staggered down the highway. We passed under an overpass and I saw a State Trooper on the right median at a very high angle in relationship to my vehicle. My lane was ready to drop so I decelerated and went behind the container truck that was spewing rocks like they do. I moved to the right of the center truck to the right lane. This is when I saw the officers lights come on. I thought he may be after me for the maneuver.I pulled over immediately almost in front of where he was sitting.He approached my vehicle and asked me if I knew how fast I was going and what was up with my plate. I said I thought I was going 75. He told me 89. He went back to his vehicle and came back with a ticket. He asked me again "why are your plates obscured why are you hiding them?? I said "I saw the covers at Auto Zone and thought they looked cool?" He said they are illegal.He did not mention my speed again but kept on about the plates and told me if I removed them, he would drop the plate charge. The ticket said he estimated my speed and LIDAR was the detector. My contention in addition to trucks obscuring a clear shot and sight of my vehicle for estimation and a very high angle of attack 4 lanes away is that my detector which is the premiere LIDAR detector on the market did not alert. He did not contact my vehicle and his focus and agitation on my plates suggests that he tried to shoot my plate and could not get it. This all happens in 778ft at 89 mph with 2 large trucks obscuring my vehicle. I had a magistrate hearing and when I told him about the detector he said it was "Star Wars" to him and he upheld the speed violation. I requested an appeal and discovery to get the officers notes and LIDAR calibration. Should I and how can I introduce evidence about the detector.
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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