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.
NBC Bay Area did a piece on this, here is the link on the story:
http://www.nbcbayarea.com/news/local/Want_To_Beat_That_Ticket__There_May_Be_An_App_For_That_Bay_Area-117413473.html
I want to make sure that I clarify some of the comments that were presented and the state the one’s that were not. First I think it was an extremely creative way of defending yourself. Number one rule is, fight all of your cases, never roll over. I have been helping people fight their traffic cases for 15 years, and tech is finally given the motorist an equal footing against the citing officers. Normally, when a cop gives you a ticket, it’s his word, plus the machine, vrs. your word only! Now thanks to the advance of technology, it can be your word, plus your machine (AKA SMARTPHONE). Now, here is a word of warning, presenting such evidence is no walk in the park and you must be well versed in Evidence law to be able to use it successfully! Lastly, the reporter stated that, I said, traffic court cases can not set precedence, this is not true and I never said so. Traffic Court cases can set precedence, but only if they are published! Getting a case published is, again, no walk in the park! Fight your cases, call me for questions…..
My oxygen tank saved me.i got pulled over going 87 in a 45 didn;t mean to go that fast but love my mustang gt.when to cop came to the window i think he was shock to see grandma driving.Hes asked why i was going so fast i took him i didn;t want to stop and i needed my oxjgen machine,as he went back to write my ticket i asked if i could have my husband get my little tank in the back.he said yes,so i put it on real fast and he came back took a look at me and i knew what he was thinking ,give her this ticket she’ll have a heart attack or ill have to give mouth to mouth lol so he told me im going to let you go just slow it down a little, i love that officer.
stupid
Glad that you fought your ticket. Most people simply roll over and take it. Congratulations on fighting the system and winning.
Great article it was very interesting.
In a short burst of speed your GPS would have a delay and still have only clocked your max speed at 26. GPS is only accurate once a speed is maintained for a certain amount of time, depending on the conditions and receiver.
Awesome
Very cool story! This may be the beginning of a new trend!
Your smart phone really saves the day. Well you made the right move when you made it clear to the judge that you had no other prior driving records or violations, It gives the Judge a great impression rather than thinking of something. Radar is just a machine so they should always check it daily and do it calibrate before doing a speed shot (must implement).
I was hidden from view behind a big truck just taking off from the lights a few years ago and there was a stone age radar catching cars off a slip-lane on the left. (In Oz we drive on the correct side of the road.) As me and the truck passed the radar at about 40Kmh I got booked for something like 70 in a 60 zone. It was a bloody circus. A clown using a device that picked up something but not me. They stopped me down the road. I lost my licence, and was threatened with a gun at Makerson Street (Brisbane Queensland) police Station by an insane mongrel when I went to explain what happened. How is that for encountering 2 morons in uniform, one an incompetent clown and one insane gun happy angry bastard ready to kill. Look out for Queensland cops, they’re outside truth and the law. (Maybe not all? )
I just got given a ticket for switching my nokia smart phone from music to maps mode. So looks llike to use this in evidence you could be charged for another offense.
“It is important to respect the men and women who put their lives on the line to keep our streets safe every day.”
First, police are not risking their lives every day. In fact the position of police officer is one of the safer jobs one can get in the United States. More Carpenters each year “in the line of duty” than police officers do. So don’t give them any undue credit. Second, you make the mistake of assuming they are something more than simple finance gathering lackeys. They carry a gun, wear a cheap badge, and drive a souped up vehicle; all of which is funded by the very people they are supposed to serve and protect. So, I’m glad for you that you weren’t required to pay the ticket, but I’d say that you’re giving the police a lot of undue credit.