Jump to content

Bahnstoermer1647545488

Members
  • Posts

    826
  • Joined

  • Last visited

Everything posted by Bahnstoermer1647545488

  1. Found this. Thought you all might like it..if you're wiling to think about it and decipher the logic it could be very useful for your next ticket. 1. Carefully analyze the facts and grasp the issues in each question before beginning to write. Spend time reading the question slowly and carefully. 2. State the issues and answers to each question concisely. Lengthy answers are not necessary. 3. Do not repeat questions in your answers. Write neatly and legibly on only one side of each page. 4. Number your answers to correspond with the question, e.g., "I-B-4." 5. If you feel it necessary to assume additional facts in any of the questions, give the facts that must be added and state why. 6. Do not write in the margin of the book. 7. All major questions are equally weighted unless otherwise indicated. Subparts are approximately equal but may be weighted slightly differently according to the number of issues involved in that subpart. 8. Write your pin number and the name and section number of the course on which you are being examined on the cover of each examination book. 9. If you use more than one book, indicate "Book One," "Book Two" and so forth on the cover of each book and write your fictitious name and number and the name and section number of the course on the cover of each examination book. 10. A GOOD ANSWER IS NOT NECESSARILY A LONG ANSWER. QUESTION I 90 per cent of test GENERAL BACKGROUND You are on duty in legal aid when your soon-to-be client, Max "Swifty" Schnell, comes into Southern's law clinic clutching a speeding ticket. "They claim I was going 54 on Main Street in Baker," he says. "It's my third speeding ticket in a year, and if I'm convicted, I'll probably lose my license and in any case my insurance will skyrocket. You've gotta defend me, whatever it takes. Whatever." You ascertain that the offense was clocked on radar. In your investigation, you learn that your client was clocked by Officer Bob Firston of the Baker Police using a hand-held TRW radar gun. He radioed your client's license number ahead to Sergeant Sue Segond of the Baker Police, who flagged your client down and wrote the ticket at a point about a half mile from the original point where your client was clocked. Your client was going northbound on Highway 19 (known in Baton Rouge as Scotland Avenue, which turns into Main Street in Baker). Your client tells you he was clocked at a point a full half mile south of Lavey Lane and, if your client is correct, that point is in an unincorporated part of East Baton Rouge Parish, not in the City of Baker. You contacted ATLA's data bank to obtain the name of a radar expert, and they gave you the name of James Maxwell, a retired Lieutenant Commander with the United States Navy with 25 years of service in marine, aviation and meteorological radar. Mr. Maxwell also holds a Bachelor of Science degree in electrical engineering from the Illinois Institute of Technology. He retired from the Navy two years ago and has not qualified as a licensed electrical engineer in Louisiana. Mr. Maxwell says he hates police radar, "it's so shoddily built." He is willing to serve as an expert witness for no fee. At Mr. Maxwell's request, you obtain from TRW the instruction manual and a circuit diagram on the model of radar unit in question. Mr. Maxwell tells you he also needs the following at trial: (a) The actual radar gun used to clock Mr. Schnell; (b) A car battery hooked up to a lighter socket to power it; and, © The maintenance records on the actual radar gun used to clock Mr Schnell. Mr. Maxwell provides you with an article, "The Inadequacy of Speed-Gun Technology," from Radar Technology magazine. He also tells you of four lines of defense on the radar issue: (a) That the radar is inherently inaccurate in his opinion, and he can demonstrate this by obtaining "readings" showing various items in the courtroom are moving when they are not; (b) That the radar was not properly maintained; © That the radar was not properly calibrated at the time of its use by the officer using it; (d) That the radar was not used properly, resulting in a danger of false readings from radar waves bouncing off of traffic signs vibrating in the wind, or off of heavy vehicles in the distance, or even off of railroad trains on the tracks that run parallel to Highway 19 in Baker. I-A. Please answer the following: I-A-1. How do you intend to arrange to have the radar gun at the city court? Discuss. I-A-2. You wish to show to Mr. Maxwell the police radio technician's repair and maintenance records on the radar unit in order that he may express an opinion on whether the radar unit was properly maintained. How do you intend to obtain the radar maintenance records, and how do you intend to prove them up in court? Are there several ways to accomplish this? Is one of these ways more advantageous to your client? Discuss. I-A-3. How do you intend to prove that the instruction manual and circuit diagram you are holding, which you obtained from the manufacturer, is in fact the correct manual and diagram for this particular radar? Discuss. I-B. Please answer the following: I-B-1. On the day of trial Officer Firston does not show up. May Sergeant Segond testify that she was with him when he calibrated the speed gun that day, and that he did so properly, using two different tuning forks, and that he calibrated the gun both before and after the arrest? Discuss your objection and the court's probable ruling. I-B-2. May Sergeant Segond testify in Officer Firston's absence that Officer Firston radioed the license number and the speed of the defendant's vehicle to her, stating that speed as 70 miles per hour? Discuss your objection and the court's probable ruling. I-B-3. Sergeant Segond signed off on Officer Firston's written report of the incident, as she is his supervisor. May the report be admitted to show Officer Firston's proper calibration of the radar unit and the reading he took of Mr. Schnell's speed? I-B-4. The city prosecutor proposes to call Officer Bob Thursday. He will testify if permitted that he was standing by the side of the road (giving a ticket to another motorist) on the Thursday prior to the date your client was ticketed, and he saw your client speed by at what he would estimate to be seventy miles per hour. Discuss your objection and the court's probable ruling. I-B-5. May the court take judicial notice of the accuracy of radar? Discuss. I-C. Please answer the following: I-C-1. The prosecution has not finished its case, and Officer Firston has just come through the door. Now that he is present in court, may Sergeant Segond testify that Officer Firston radioed the license number and the speed of the defendant's vehicle to her, and that she stopped the correct vehicle as described by Officer Firston? Discuss your objection and the court's probable ruling. I-C-2. May Officer Firston testify that he was trained in radar operation at the police academy and that in his opinion radar is accurate? Discuss your objection and the court's probable ruling. I-C-3. You wish to use the article from Radar Technology to cross-examine Officer Firston. Can you? How do you intend to accomplish this? Discuss. I-D. Please answer the following: I-D-1. You wish to call Robert Ryder, your client's neighbor. He will testify that he often carpools with your client, that he has ridden as a passenger on this exact route with your client driving on at least fifty occasions in the last six months, and that your client has never exceeded the speed limit. May he so testify? Discuss. I-D-2. You wish to prove that the place at which your client was clocked was outside of city limits and therefore beyond the officer's jurisdiction and in no case within the jurisdiction of the City Court of the City of Baker. How do you intend to accomplish this? Discuss. I-D-3. You wish to prove that the speed limit sign immediately prior to the place where your client was clocked was not sufficiently large to comply with the Manual on Uniform Traffic Control Devices adopted by the Louisiana Department of Transportation and Development. How do you intend to get the manual into evidence, and how do you intend to prove the sign is not sufficiently large? I-D-4. If your client testifies, may the prosecution impeach him with his two prior speeding convictions? Discuss your objection and the court's probable ruling.
  2. $1000! Holy SHIT... The sensors themselves can be expensive (i.e. couple hundred if you're really unlucky), but Lord that sounds bad.
  3. Uh oh... Hondas require special P/S fluid if I remember (watched g/f in HS pick up her new Accord and heard the sales guy go on and on about it..) So hopefully you didn't put it off the shelf stuff.
  4. The Gap hehh heh... I still maintain he was waiting to take me and a heavy footed compadre to jail
  5. Yah, I think he was waitin for racers...we were small fish!
  6. An adversary was sitting about 2 miles up on 270N from Main... obviously lying in wait, but not radaring, so you know what he was waiting for!!!
  7. Bwahaha.... that's funny, this very thing happened to a friend of mine in high school...he just waited two years, and then it was about gone!
  8. Think I need a new RH axle shaft for the Maxima kiddies, Autozone got's em for about $75. Thing is being that this is my beater I allowed myself to get a FWD, so this CV shit is not in my history of experience. Anybody done one on this car? I don't have all the manuals I had for the RX7 so I don't know what I'm even looking at time wise.
  9. BTW, terminal velocity of a human in freefall in the pencil position is about 200 mph. I don't know what our drag coefficients are. But, something to think about.
  10. Fraternal Order of Police... for families of officers and such. I need to marry a cop smile.gif
  11. I typed all this shit out, only to see someone else already posted most my ideas... what the hell here it is. When my insurance company emailed me today saying that they were taking another discount off my premiums for having a *perfect* driving record, I decided I really should write down my ideas on speeding. Not many of you probably know me now, but if you did when I had my RX7 you’ll know that my perfect driving record is an insult to traffic enforcement everywhere. But since there’s a method to my amateur madness, I thought I’d finally write up all I’ve learned in my six years behind the wheel and see what all your experiences were. My specs are this: -Issued one citation, 66 in a 35 zone, age 17, “defeated” in court. -Pulled over for speeding once, no citation. -Pulled over after leaving a campus lot after witnessing an acquaintance do donuts and then be chased at about 90 miles an hour in a 35 by CPD, to be questioned by one officer and “watched” by three cruisers and six officers. -Pulled over for various stupid shit (expired tags in daddy’s car, screaming a profanity out the window age 17 etc.) several times. -Questioned on lack of front license plate/ rear license plate cover several times. -One other incident, but I was uh, kinda already “parked” but we won’t get into that. (No citation! ) Here’s my methodology. I’ll divide my methods into two groups, on the road and how to interact afterwards. On the road: Speeding is a game of risk management. Much like driving fast on a road you don’t know, and how well you manage it will decide whether or not you get citations often. You cannot say things like “I haven’t had a ticket my whole driving career, so I’m due for one.” Nor can you say, “I got a ticket yesterday, so I’m good to go for a while.” The math doesn’t work in that manner. Every time you speed the risk is there, regardless of yesterday’s events. On the highway there are two components to not getting pulled over….a logistical one and a psychological one. Logistically you need to avoid being clocked. Psychologically, you need to do everything to keep an officer from deciding you need to be pulled over. First off, make the likelihood you are hit with a radar or laser as small as possible. On the interstate, stay in the lane farthest to the right as possible, always! The farther to the right you are, the more “humble” your driving is going to be interpreted as. I call the left lane the suicide lane for these reasons. Everyone knows that you’re in the Fast Lane because you intend to be speeding. An officer is more likely to pull you over because he perceives that you intend to be speeding. Not only does using the left lane broadcast your law breaking intentions, but you’re far more visible for clocking in most circumstances. Standing out from the crowd while breaking the law is the quickest way to get in trouble. Stay right, as far as possible, and always use the other cars to block the angle of view ahead of you with reference to the median. Even tend to stay to the right of the right lane! This is very important, as it conveys your whole attitude to anyone watching. Make your car “invisible” for the greatest distance ahead possible with these blocking cars. Without being able to draw diagrams, it’s hard to show how much field of view just a few cars can rob from an officer in the median, and you need to be able to put this to your use. This way, you’ll have plenty of opportunity to see the officer before he can get a clear shot at you. You only need a quick peak, but he needs a straight shot to get your speed. Drive sanely. Don’t make erratic lane changes, use your turn signals when they’re to your advantage, but not say, when you’re discreetly sneaking between cars left and right on the highway at night. It’ll attract the officer a quarter mile behind you and give him a homing beacon to follow. This will be debated, but get a Valentine One and learn how to use it. This is the single best investment I’ve ever made in my life, best car mod I’ve ever done, I kiss it’s ass and yadda yadda, I’m not kidding. I’d be in jail if I didn’t have it. If you can afford it, get the Blinder M10 laser jammer, that’ll help too but I don’t have one. DON’T buy a cheap ass detector, use daddy’s 1992 Escort etc. The false confidence it gives you will get you a ticket in a heartbeat. Because on the interstate the amount of time you and an officer have for visual contact, ie your driving behavior and body language (!) there is definitely communication between you and him. If you come around a blind corner speeding, with no one in front of you to block, and there’s a laser gun looking down your nose, you have a split second decision to make… jam on the brakes and try to beat him to the trigger (only if you have good suspension and your car doesn’t nose dive like a sonnofabitch when you do it, cause that looks reckless) or just let off the gas and coast to as low a speed as possible, accepting the fact that you’re gonna get clocked and just avoid looking reckless too. Generally, only stomp on the brakes if you’re really braking the law and the drama is worth it. I’ve had several occasions where I had to do this, got under the speed limit a split second before the detector went of and didn’t get pulled over. In this instance, you need to put the psychological aspect first and foremost. Believe me, the officer is PISSED! You were cookin and everybody knows it. DO NOT make eye contact with him, it is directly challenging him and admitting guilt and he WILL find a reason to pull you over, probably just because he’s pissed. Drive by at the speed limit, look straight ahead (make sure your passengers do the same) don’t change lanes and hope for the best. In the suburbs there’s not much to say, keep your eyes and radar scanning, and be ready for a once a year clocking at night on a one lane road with no warning… to me that means less than 15 over on roads I know well, about 10 over (except in short bursts) on roads I don’t. Talking with the officer/judge: If you’ve been pulled over or are doing anything wrong and could get a ticket for it, you need to handle yourself well to give yourself a chance. Your appearance being neat, your language educated, humble, and honest are very important. Never lie unless you’ve got nothing to lose, and I mean unless you’re going to go to jail if you say tell the truth. Cops are NOT dumb, they’ll pick up on your BS in a heartbeat and you’re done. They do this all day long, and believe me another bullshitter is nothing new to them and you’ll get the ticket you deserve. Be personable, polite, answer there questions truthfully while avoiding admitting anything you can. “Do you know how fast you were going?” “Well Officer, I thought I was going with the flow of traffic…” At this point if you pause he’ll pick up and say how fast he clocked you at. If you say “78 MPH” you’re done. If you say, “I was going the speed limit!!!” you’re done. Try to acknowledge the officer without legally admitting guilt. You’re showing respect without screwing yourself. It’s your best chance at getting a warning, which is now your best bet. If you get the ticket, still be very polite! This is extremely important! “I apologize officer, have a good day.” He can write comments you’ll never see, and the judge will read them when you contest. This is the next step  Always contest, you have a chance the officer won’t show. That’s how I got out of my 66 in a 35 at age 17, combined with the comments the officer wrote about how polite I was. On those two counts, the judge dismissed it entirely. Prepare a respectful but strong as possible argument for court. I had a map of the area, pictures of the area from where I was clocked and where the officer was sitting and so on all ready to show the judge (since this was the one time in my life I actually didn’t deserve a ticket, as I wasn’t in the 35 zone yet). Use whatever mostly truthful arguments you can. I’ve read lots on requesting calibration certificates and so on but have never had to try and use these methods. Just give your argument respectfully and reasonably and you’ll probably get it reduced at minimum, if not dismissed. Be prepared! If you don’t have a font license plate, you better have a good reason for it! I’ve been questioned on it several times, but because I had a reasonable answer for it right away I’ve never gotten a ticket. You must be ready to answer immediately. Think of a good reason, there are several I won’t type because I don’t want to get busted next time I’m pulled over! This is the longest bunch of junk I’ve ever posted, and I’m sure no one read it. What can I say, my it’s Friday night and my girlfriend’s a hundred miles away. Tell me your speed secrets! (I sure as hell didn’t proofread all that either). [ 31. January 2003, 03:16 AM: Message edited by: 100 RWHP ]
  12. Anthony. I need another decal. One side of the bike has one, and one doesn't. Luckily now it's on the stand, if I don't get one to balance it out before spring it'll fall over!
  13. Anthony. I need another decal. One side of the bike has one, and one doesn't. Luckily now it's on the stand, if I don't get one to balance it out before spring it'll fall over!
  14. Yeah they're not too bad but as with any job, doing it right will take some time. It wires into O2 sensor, then you just run the wires into the cabin and mount the gauge. Be ready for pretty blinking lights smile.gifsmile.gif
  15. Hmm, I'm always annoyed by too many sticky's so I think we should get some more opinions on it. Everyone else? Keeping the list accurate could be a problem. I could make a sticky post and update it when people add spots, but what about places that a cop sits once or twice but then not for a year, and we get about a hundred of those clogging things up. Would people really read it if this happened? I'm not saying no by any means, just trying take a good hard look at it's chances of being successful before putting the idea to use Let me know what you all think.
  16. I suggest additional columns to HP/TQ as follows: 1. Changes made from regular status to generate dyno queen numbers. (For the Supras). 2. # of days car lived afterwards. (For the RX7's and everyone else) [ 29 October 2002, 06:39 PM: Message edited by: 100 RWHP ]
  17. Uh, yeah regular ("green") antifreeze on a Jeep 4.0L or 2.5L or anything but the Caddy's
  18. Mebbe post this in the Tech Help section...?
  19. Wouldn't delicate turbine blades at 30-90,000 rpms be destroyed upon contact with ~anything~ ? My bro's Supra made a clatter noise with the strut brace that was supposed to fit, maybe that?
  20. Well to clarify.... it sounded like a discussion about using only 3 cylinders to spool the turbo, which is what sounded very strange to me. Oh and also not being a domestic guy at all, I know nothing about those cars to be honest with ya'll smile.gif
  21. I didn't know you could have a single turbo on a V motor.... that doesn't fuck up backpressure from one cylinder bank to the other?
  22. Actually Joe could you? My bro needs some exhaust for his 323 GTX this summer.
  23. No problem. I like that truck btw. Let me know if you decide to sell it sometime. smile.gif
×
×
  • Create New...