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Traffic Citation Response

Traffic Citation Response

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Published by eso808
I wrote this in response to a traffic citation that I received. I truly believed that the citation was given in error so I wrote to the traffic judge explaining it. My case was dismissed with prejudice.
I wrote this in response to a traffic citation that I received. I truly believed that the citation was given in error so I wrote to the traffic judge explaining it. My case was dismissed with prejudice.

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Published by: eso808 on Sep 03, 2010
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02/11/2013

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I.
 
Facts
At around 9:00 PM on July 18, 2010 my two friends and I were driving down Pensacola St. in the secondlane from the right. To my left was a BMW M Roadster and in front of me a sedan. I merged over to theright-most lane 50-100 yards in front of the crosswalk where I was pulled over. As I merged over, Inoticed, and my friend in the car verbally pointed out that there was someone in the crosswalk lookinglike they are intending to cross. It was the Officer, Sgt. Lee. I slowed down thinking that he was going towalk across the crosswalk. He was standing straight up with his hands to his side. As we got closer he
motioned to me and yelled, “Pull over!” I complied, wondering why he was pulling me over. He asked
for license, registration, insurance etc. I gave it to him. From the moment that I merged to the right laneto the moment that I was pulled over I had a clear view of the Officer, who never appeared to move, orhave anything in his hands, which added to my confusion. After taking down my information, theOfficer came back with a ticket saying I was going 42 in a 25 mph zone. On the ticket he has marked thathe used a laser to measure my speed violation. He did not mark a laser distance.I requested that he show me the laser, because I did not at any time
see one on him. He said “No, Idon’t have to do that.” I informed him that I don’t think he could have lasered my car because I had
observed him in the crosswalk after merging into the right lane. He refused to show me the laser for
“safety reasons”. I
do not know what my actual speed was at any time down the road. However, I was
going with the flow of traffic and even though the ticket says, “right lane passing cars,” I did not, at any
time pass any other cars either in front of me or to my side. The Officer claimed that he himself was theone who lasered me. I did not observe any other Officer with him. Also, while the Officer was writing thetraffic citation, a Black SUV drove up behind the Officer who was parked in front of the crosswalk andthe driver, a big man with an aloha shirt, came out to talk story with the Officer as if they were friendsfor about 10 minutes, the entire time I was sitting in my car.
II.
 
Arguments
I was wrongly given a traffic citation for speeding. The Police Officer claimed I was going 42 mph in a 25mph zone. To support his claim he said that he used a laser detection device. I am contesting thecitation on the grounds that the officer never actually lasered me. I merged into the right laneapproximately where the circle is marked on the picture on the next page. I observed the officerstanding in the crosswalk from the moment I merged because I was looking at the crosswalk to makesure that no one was crossing. I am aware that the laser gun used for traffic citations has a very longrange, however, here, the point at which the officer observed me, and could possibly have lasered me,
begins at the point where I merged. The Officer himself wrote that he observed me in the “right lanepassing cars.” There was a car in front of me
from the point where I turned onto Pensacola St. to thepoint where I merged into the far right lane.
 
 Given the limited distance between the Officer and myself, the high visibility given by the street lightswhich line Pensacola Street, and the particular attention I was paying to the crosswalk, as stated in thefacts, observing the Officer/pedestrian as I merged and approached the crosswalk; I definitely would nothave missed the Officer taking a firing stance, shooting my car with the laser, running to his car to putthe laser inside of his car and running back to the street to pull me over, all within the 15 seconds that ittook for me to get from crosswalk to crosswalk, a distance of about 200 ft.Sgt. Lee refused to show me the laser for safety reasons. In this situation it would have been reasonableto show me the laser gun. It was not unsafe to do so. I was pulled over into a parking lane and theOfficer thought it was safe enough to talk story with his friend for 10 minutes. Also, because Iquestioned his possession of the laser from the start, he could have put an end to all argument by justshowing me the laser.
III.
 
Conclusion
Its great for public safety that the National Highway Safety Administration has given the State of Hawaiia large grant to enforce traffic safety in our State. However, that grant will only be effective if the
 
program is enforced legitimately and fairly. To deny someone his right in a reasonable situation to seethe evidence that an Officer is using to enforce a heavy fine on that person is unfair. As a law student atthe William S. Richardson School of Law this traffic citation will impose a heavy burden on myself whenit comes time to take the bar exam as I would need to obtain driving abstracts from every state that Ihave driven in for the past 10 years. Currently, I have no speeding tickets or any other traffic infractionson my record. I have been driving very carefully since I was 17 years old and I have always faithfullyobserved the rules of the road. This penalty w
ould be well deserved if the Officer’s claims had been true.
However, the claims are not. And to penalize me, in essence, for doing nothing wrong, will speakvolumes of the justice system to an impressionable student of that system.
IV.
 
Additional Pictures
1.
 
O
fficer’s view from the crosswalk. This is approximately where he was standing and his view to
the other crosswalk.

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Shane Kumashiro added this note
Was able to read your letter through the forumshawaii thread. I myself am facing a situation in which I'm considering sending in a letter and was wondering if you had any tips and such to help my case.

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