Last year a traffic cop pulled me over while driving home and handed me a speeding ticket. Although nervous and somewhat startled since it was my first time getting caught, I ended up walking out of traffic court a few months later without having to pay a fine or adding a single point to my record. Surprisingly, it was all thanks to my Android-powered smart phone and a little creativity.
My First Speeding Ticket
As a brand new Motorola Droid owner, I was in the rush of trying just about every app that appeared in the Android Marketplace. One that particularly stood out and had me excited was My Tracks by Google. This free app records and visualizes your GPS data on a map, which is something I always wanted to try. I began using app while jogging, biking to class, and even when driving.
I fortunately happened to have Google Tracks running when an officer cited me for speeding while I was heading back home from a friend’s place. 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. In a panicked mental state, I simply handed over my driver’s license, insurance, and registration information without asking any questions. I was confident that I was within the posted speed limit in the back of my mind, but I just apologized and went my way instead of speaking up.
Once I parked my car in the apartment lot, I immediately realized that I had Google Tracks running as a background process as I reached to grab my phone from the dashboard mount. As I walked in, I pulled up my history for the previous session which displays information such as distance, average speed, average moving speed, and max speed. It even stores maximum and minimum elevation levels for those that need it. More importantly, I found that my phone only recorded a top speed of just 26 miles per hour, significantly lower than the cited speed. I now knew I was not speeding.
Traffic Court or Traffic School
After heading to the Yolo County (California) Traffic Court website and doing some research I found that I had two options: traffic court or a fine with traffic school. Most friends and family suggested paying the fines and avoiding traffic court since it is usually impossible to win. I unfortunately did not have the cash to spare or time for traffic school with a busy college schedule. I soon decided to take my chances in traffic court, which would take place over six months down the road.
I decided to write down an account of the entire situation just a few days later and even exported the data from my phone to Google Docs so I would not lose or forget any important details. I even came across an ongoing Sonoma County Superior Court case regarding the accuracy of GPS devices and radar guns. I saved a few articles to back my claim that my account of the situation was debatable with the evidence from my smart phone.
Time For Traffic Court
Once I made my way into the court room after going through metal detectors, I had to sign a document to indicate whether I plea guilty or not guilty. I choose the latter and got seated. The judge called a few people to the stand before it was my turn. Most of them were wearing rugged clothing, screamed out loud a several times, uttered inappropriate language, and were extremely enraged. Each case resulted in a guilty verdict, which had me even more terrified.
I eventually took the stand nervously. The plaintiff presented information from city plans noting that my speed limit was inappropriate for the area. When it was my turn to make a statement, I remained calm and spoke respectfully. I was also glad that I wore business casual clothing, which always plays an important role in situations such as this one.
My Geeky Evidence
Taking hints from a lawyer that spoke on behalf of a defendant shortly before me, I decided to ask the officer a few questions about the day he cited me. It turned out that the officer did not recall the last time he attended radar gun training, when the device was last calibrated, or the unit’s model number. 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.
I also made it clear to the judge that I had no other prior driving records or violations. After a lengthy pause, the judge asked how I obtained the GPS tracking information. I provided a detailed explanation about my new awesome smart phone, the application in use, and how I exported the data. After questioning whether the data was reliable, I mentioned the in progress Sonoma County Superior Court trial regarding the same matter about the credibility of both technologies.
The Big Verdict
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.
What You Should Know
Before anyone goes out to try their luck with my story, I should make a few things clear. I have no legal experience what so ever. I also would like to also note that the purpose of this article is to focus on smart phone technology and issues with radar guns. The officer in question was doing his job and did not do anything wrong. I find that internet culture often likes to demonize misbehaving cops, which I hate hearing about. It is important to respect the men and women who put their lives on the line to keep our streets safe every day. With that being said, I hope that this article will be helpful to anyone who was wrongly accused due to inaccurate information from radar guns, which are rather complicated to operate compared to consumer friendly smart phones.
“I simply handed over my driver’s license, insurance, and registration information without asking any questions. I was confident that I was within the posted speed limit in the back of my mind, but I just apologized and went my way instead of speaking up.”
This is the correct behavior under any circumstances. Talking to the officer at the side of the road will almost always work against you. Be polite, follow their requests, admit to NOTHING. (“How fast were you going?” “I can’t say exactly.” “Weren’t you looking at your speedometer?” “No, officer, I was watching the road so I don’t know my exact speed and I mean no disrespect but I don’t wish to speculate.”) As the saying goes: Tell it to the judge. Only the judge can make a determination one way or the other. The officer probably has already made up their mind whether they’re going to cite you before they even speak to you (unless you actually admit to speeding, even by a few miles per hour. NEVER do this.)
I bet you were speeding and your phone calculated your speed by using the distance traveled and the time spent to get from one spot to the other, not taking into account the time spent while you were pulled over.
The app is rather smart. It displays the “average speed” as well as the “average moving speed” which excludes the stopped time. However, that wasn’t the important factor for my case. It also offers the “max speed” which was the key piece of information.
I am glad you won the case as all tickets are about is extracting money from the sheep. safety – hah…nothing to do with safety.
I live in Florida and was on my way to a wedding and got a traffic ticket. I hired a ticket lawyer to fight it. The lawyer asked about the radar calibration and the cop did not have the info. I won. I am glad you got a decent judge that actually listened to you. I know cops have quotes and write bad tickets. I used to just pay tickets, well no more as I fight them now. Hire a lawyer is not bad for $100.
Obviously the next logical step is that all vehicles be required to carry data tracking devices and telemetry units thereby circumventing the middle man (police). If you speed, the device feeds the data to a server where your fine is calculated and deducted against your bank account… science is cool.
Sometimes even putting more evidence on your side doesn’t matter if the judge is also a former cop,which unfortunately was in my case.The cop who cited me doesn’t even know how far he was located from where he allegedly saw me not stop on a stop sign(which I really did stop).He didn’t see me stop due to a building obstructing his view.The cop said he was 10 feet from the crossing next to the stop sign on my left,but he’s actually 300 feet away from it.I even showed the judge where his cruiser was and how far he was from the pedestrian lane,the cop saw and admitted yes he was that far(just in front of a business sign board which is 300 feet away from the pedestrian lane).And from his point to where the stop sign(right side) is it is impossible to see anyone stopping due to the obstruction.The judge then did not cite me for the stopping violation but for not able to show myself enough for the cop to see(with a lowered fine,but what the heck there were pedestrians crossing!).But due to professional courtesy a former cop can’t put his co cops in hot water.You are right not all judges know the law.I could have taken it up to a real judge not an appointed one(the real judge was sick).And due to the point on my record I can’t find a job that requires clean driving record.
Yeah I have a few friends that are in the same boat with the driving record. You would also be surprised by what turns up on background checks when its not even supposed to be documented on your record. It may be years before it even catches up to you. Especially if the people entering the ticket into the system don’t include all the information. If you are able to get a ticket dismissed make sure you get a copy of every piece of documentation stating so from the court. A coworker found out that her license was suspended after someone failed to document that a ticket was dismissed. The only way she found out was that her insurance company call to say she was being dropped from her families group insurance plan for having a suspended license. The ticket had been dismissed in like 2003 but they still tried to say they were owed money. The funny thing is she called before to check to make sure and they said everything was fine.
This is very well written, you do such a good job in rationalizing the emerging technologies and the need for our law enforcement to aggressively keep up with it to serve us better.
I got away with a not stopping ticket this time.But what I did was mount a video recorder running with a background music running.I proceeded from my residence towards my way to the post office with the video recorder running.As I stop on where the stop sign was,waited for five seconds and proceeded a right turn to wards the main road.Then a cop cruiser was behind me so I proceeded to the side of the road,and yes, he was after me.He told me I didn’t stop on the stop sign and while he was talking I showed him the video,fresh unedited.He saw the whole scene,he was not satisfied,he called the station.And later he said”well this is your lucky day,next time drive carefully”which I was.He didn’t issue me a ticket.
You got lucky and your smart phone had nothing to do with it.
GPS tracking on a smart phone isn’t inaccurate in terms of the law. It isn’t a high end product which provides accurate account of speed, but only distance traveled, and even then it isn’t very accurate. Each GPS unit has a refresh rate which determines the accuracy of the information displayed. Most units sold today have a very low refresh rate and give enough information to get you to were you need to be; not provide accurate information on your speed.
To test my theory I used my Android phone, my Garmin Forerunner and a Garmin 3790 in my car at the same time.
I mapped out a route and proceeded at the speed limited posted.
Each product rated my speed at different results and also the distance I had traveled. The Forerunner is not designed for this speed and it was constantly off saying I was moving at an insane rate of speed (59mph), while my Garmin 3790 said I was driving 44mph, my Android phone said I was at 42 mph..
Each device was close on the distance traveled, but I noticed that the further along I drove the more accurate each device was; the 3790 was the most accurate followed by the Android phone and the Forerunner being last (again, the Forerunner is calibrated for traveling at high speeds so I believe this is why it is off).
Your smart phone can’t save you, it’s worthless in court unless you have a really, really dumb judge.
While it would be great if personal GPS could lay to rest the majority of speeding tickets I have some doubts about the truth of this story. This article seems more like a thinly veiled advertisement for Google Tracks. Which is just another way for Google track your life and sell the data.
I agree with that. It did seem like an advertisement for Google Tracks. I have slowly been trying to remove Google products from my life. Chrome calls home to Google more then any other browser. On my Mac, I have little Snitch installed. Safari, Firefox hardly ever call home. They just look for updates periodically. Google is sending your data from your surfing home regularly. Further, Firefox 4 Beta is shaping up to be a good browser.
I considered the validity to this story as well, but since he talked about the officer’s lack of evidence, and stated the judge threw the case out due to the officer, not the cellphone data. Courts will never side with cellphone data compared to many years of radar case law that has withstood the test on its technology.
NBC News and ABC News stopped by to fact check and air a segment about this.
http://www.youtube.com/watch?v=CAwa5_dOx8A&sns=em
Enjoy. :)
Too many places in America have become a police state. That officer most likely needed to fill his quota, and arbitrarily pulled you over because you are a college student. This happens all too frequently. With all the budgetary programs, the excess police force should be the first ones to get cut. The 2nd Amendment is all America needs to protect itself, as many localities have a heavily armed citizenry.
Yolo County! Ha, in Davis right now. Congrats on the win, and thanks for the article.
“It is important to respect the men and woman who put their lives on the line…”
I’ve always thought there are fewer women working in police than men, but is there really only one? (SCNR)
How did you know the officer was on his way home?
Woops. Thanks for the catch. I just fixed it from woman -> women!
Just added “I was” to clarify that statement. Thanks for pointing that out. :-)
Since 25 mph corresponds to 40.2 Km/h, I was wondering about the radar gun being (inadvertly) set to Km/h instead of mph… NASA once lost a probe due to that!
Don’t even try this in Virginia (Chesterfield County). My wife got a ticket and I downloaded the plot from the Garmin. We went to court and she was the only one who got the full fine that day as we dared to fight the ticket. We were successfully on appeal to the circuit court to get driving school with out costs. We had our attorney at both hearings, useless in the first, more helpful on appeal. However, the GPS shows she wasn’t speeding where the officer claimed to write the ticket. The judge, the Hon. Dafron quickly declared it hearsay. The courts are not ready for people who can actually defend themselves against the almighty, truthful officers who never make mistakes. I am thankful that you got the charge dismissed. However, like other readers I believe it was more due to the fact you contested it and said you weren’t speeding and the officer could not substantiate the charge.
Actually, the cop wasn’t doing his job. Modern radar guns are supposed to be calibrated before each use. It was the Police Officer’s Job to show he was familiar with the technology he was using. He couldn’t tell you the model number, or the last time it was calibrated. It weakened his case. Your information only made your case stronger. However, if the Police Officer testified that he just calibrated the radar gun, which is standard policy you probably would have lost. In essence, the Police Officer wasn’t performing his job properly and he wasted both your and the Court’s time.
Moreover, how do you know the cell phone data was correct in regards to speed? How accurate is it? As the judge told you, the accuracy of such information hasn’t been verified to be accurate enough to use as evidence. It doesn’t make sense to question the accuracy of the radar gun, while accepting the accuracy of the cell phone data.
Further, the judge probably just liked you. The cell phone presentation probably played a part in that. Generally speaking, a judge isn’t allowed to consider your past driving record to determine whether you are guilty of an infraction. They can look at that to determine punishment.
Finally, if you don’t have money to pay a small fine (which I am not suggesting you should have paid), it raises the issue why do you have an expensive phone that requires an expensive data plan?
As a retired police officer in CA, I want to point out a couple things for everyone to consider. This case was rightfully thrown out due to the officer not being prepared. Most officers, especially those who shoot radar, document their last training, radar calibration, etc as it is required for evidence. The other issue, radar records instantaneous speed, not the average speed. Its like comparing the slope of a straight line over time, versus a derivative on a curve (algebra vs calculus). Factors of average speed would be taffic conditions, stop signs, traffic signals etc. Sure his average speed might have been 26mph, but he was doing 40mph when hit with radar (unless the calibration was off).
I did not like to write tickets, but there are always some who deserve them. Im glad things worked out for this guy, but please dont take your chances, he got a lucky break.
Hey Rob,
Thanks for the information, but I just wanted to clarify since it appears as though many are misreading my article.
26 MPH was my top speed, not my average speed.
“It is important to respect the men and woman who put their lives on the line to keep our streets safe every day.”
Why? They don’t respect us; they despise us.
Contrary to the propaganda, cops do not have an extraordinarily dangerous job. “Policeman” isn’t even one of the top 10 most dangerous occupations — being a rancher or a truck driver is more dangerous.
Maybe you should go on a couple of ride alongs, talk to officers, or take a citizen’s police academy to get an actual perspective of what officers deal with and verify the dangers before offering ignorant comments….
Yeah, the officer did nothing wrong. He unlawfully swore under oath that you were speeding. That’s perjury and is a CRIMINAL violation of the law. (Speeding is CIVIL traffic.) So um good job there helping tanto, but sorry, he’s not innocent.
The Judge didn’t look at your GPS info. The whole article about smartphone (an Android phone is considered a pocket PC, not a smartphone btw) is a misnomer. You accurately showed the officer had not calibrated, been trained on, nor maintained records on his RADAR device. THAT is why it was dismissed, not because you had GPS data from your phone.
Finally, COPS do not prevent crime. Really. They don’t even find out who committed crimes. REALLY. Crime prevention is not a law enforcement duty. Crime resolution is what DETECTIVES do. All cops do is take down reports and issue tickets.
Congratulations on getting out of your ticket.
It had nothing to do with your smartphone[sic].
M
You “hate hearing about misbehaving cops”? Are you just being submissive so you can write this article?
I probably could have worded that better to avoid misinterpretation. I meant to say that it is sad to see when the hard work that good cops do is taken away from the spotlight by a few stories of misbehaving cops. But irrespective of that statement, my situation had nothing to with that topic.
The big question to me is why this cop is ticketing people for 46mph when they are really doing 26mph. And probably getting away with it most of the time. Corrupt? Incompetent? Neither scenario is very pleasant. The system we have with the police and the courts is just like the unions today. As long as they get their money, they are not very worried about anything else.
I would like to also bring to attention that ‘blowing a alcohol level’ is not always true. i was accused of having a level that indicated i had been.drinking. I don’t drink. so I knew something was wrong. After being accused over and over, I said I will not admit to something I am not guilty of. So I took a U.A. that tracks just alcohol, it can tell if you have consumed ‘any’ in the last four or five days. This test was from a private med lab. Of course it.came back at 0%.It is called EGT test.Hope this helps . There’s a saying :A carpinder is only as good as their tools are.
I was accused of drinking because of a ‘blowing device’.I don’t drink. So I knew something was wrong. I would not admit to something I had not done. I went to a private Med. Lab and had a ‘EGT’ test done. It will tell if you have been drinking in the last four or five days. Of course it came back at 0%.There is a saying: “A carpender is only as good as their tools are”.I think the same holds true for many other fields of work.
what a joke this story is if ur fascinated!!…ur an *d*ot
What?R U talking about?
Its not all bad, Radar guns tend to give cops cancer, especially if they have the bad habit of putting it between their legs when not using it.