GPS ticket trial could have nationwide impact
18-year-old challenges Petaluma Police over speeding ticket he received in 2007
Published: Thursday, July 17, 2008 at 3:00 a.m.
Last Modified: Wednesday, July 16, 2008 at 11:48 a.m.
A trial stemming from a driving incident in Petaluma began in Sonoma County Superior Court on Friday, and could have nationwide implications in citizens’ challenges of speeding tickets.
The trial involves Shaun Malone, 18, of Windsor, who was given a $190 ticket on Lakeville Highway on July 4, 2007, after a motorcycle officer from the Petaluma Police Department clocked his 2000 Toyota Celica GTS at 62 mph in a 45-mph zone.
A global positioning system device installed in Malone’s car showed that he was traveling at 45 mph at virtually the exact time and place, however.
In November, a Sonoma County commissioner ruled that Malone was guilty of speeding, despite the GPS evidence. So, Malone’s family — including his stepfather, Roger Rude, a retired lieutenant from the Sonoma County Sheriff’s Department — appealed the ruling.
Malone’s family, which is utilizing a GPS expert in the trial, also has hired well-known criminal defense attorney Andy Martinez. The city of Petaluma has hired an expert to testify on its behalf — Stephen Heppe, president of avionics for Isitu Group in Bingen, Wash. — but city officials have said that the high costs of such trials might prevent them from fighting them in the future.
On Friday, before Commissioner Carla Bonilla, the defense argued that the stretch of Lakeville Highway where Malone was driving is an illegal speed trap, which would invalidate the ticket. Also, Petaluma’s traffic engineer testified about the typical speed driven on the stretch of road where Malone was traveling, and about the varying speed limits on the road.
After more testimony in October, Bonilla is expected to issue a ruling.
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