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Speeding ticket on San Mateo Bridge? FIGHT IT!

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Old 07-16-2004, 04:19 PM
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drsifu
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Default Speeding ticket on San Mateo Bridge? FIGHT IT!

Just went to court for an unrelated speeding ticket and saw THREE speeding tickets get dismissed.

All were speeding on the San Mateo Bridge. Apparently there is no traffic and engineering survey for the current set speed limit of 65 mph.

Go have fun...but be safe

Oh...my 61 mph in a 25 mph construction zone fine was reduced 50%, so I had to pay $179.25, but the damn lawyer fee cost me $500. Had to try...

If you ever get tagged with LIDAR, don't even bother hiring a lawyer. Judge said LIDAR is almost error proof.
Old 07-16-2004, 10:45 PM
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350ed
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Interesting, thanks.
I don't ever detect laser around here though.
Old 07-17-2004, 12:56 AM
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MGV156
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Default Re: Speeding ticket on San Mateo Bridge? FIGHT IT!

Originally posted by drsifu
If you ever get tagged with LIDAR, don't even bother hiring a lawyer. Judge said LIDAR is almost error proof.
Hmmm....may be it's time to start shopping for a laser jammer
Old 07-17-2004, 05:09 PM
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s9am_me
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no wonder i see STI's and S2K's going 110mph+ over there.
Old 07-18-2004, 02:05 AM
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drsifu
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i don't know about going 100+ mile.

Cop could probably pull you over for reckless driving
Old 07-18-2004, 12:53 PM
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350ed
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Anyone ever see them doing radar on the bridge? I've only seen at the exits near the toll and bottom of the downslope.
Old 07-26-2004, 12:24 AM
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goku
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Here's some text which was used sucessfully by someone (not me) who fought their ticket by mail. If what drsifu says is true, it should work for you:

"Furthermore, I believe that the posted speed of XXmph on XXXXXX is artificially low, reflecting an out-of-date traffic and engineering survey and, as such, may constitute an illegal Speed Trap pursuant to CVC 40802(a)(2) which defines an illegal radar speed trap as: "A particular section of a highway with a...speed limit that is provided by this code...[which] limit is not justified by an engineering and traffic survey conducted within five years prior to the date of the alleged violation, and enforcement of the speed limit involves the use of radar or any other electronic device that measures the speed of moving objects." If the traffic
survey on XXXXXXX is more than five years old, the officer's use of
radar to determine my speed was illegal."
Old 07-26-2004, 12:28 AM
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goku
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When using radar evidence, the prosecution is required to prove that the use of radar is not an illegal speed trap. Speed Trap Evidence 40803(b) states: "In any prosecution under this code of a charge involving the speed of a vehicle, where enforcement involves the use of radar or other electronic devices which measure the speed of moving objects, the prosecution shall establish, as part of its prima facie case, that the evidence or testimony presented is not based upon a speed trap as defined in paragraph (2) of subdivision (a) of Section 40802."

If the prosecution does not attach proof with its written declaration (a certified copy of the speed survey) to establish as part of its prima facie case, that XXXXXX is not an illegal Speed Trap, as they are required to do pursuant to CVC 40803(b), I trust the Court will rule the radar evidence inadmissible and dismiss my case pursuant to CVC 40805.

CVC 40805, Admission of Speed Trap Evidence, states:"Every court shall be without jurisdiction to render a judgement of conviction against any person for violation of this code involving the speed of a vehicle if the court admits any evidence or testimony secured in violation of, or which is inadmissible under this article."

I trust in the Court's fairness and ask that my citation be dismissed in the interest of justice.

If the court does not find in my favor in this case, I request a fine
reduction and a Court assignment to attend traffic school.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Old 07-26-2004, 10:19 AM
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LowUFO
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Does anyone know where/how I would go about getting the current speed surveys in my area? Would I go to City Hall? Court House? Thanks,

Ian
Old 07-28-2004, 05:11 PM
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03_350
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I just got a ticket on the San mateo bridge thanks for telling me the cop heard me come out of the gates(toll booth) wanted to write me for reckless driving and without ever radarin me said i was doing 85 90 you guys think i should fight it? he said he paced me somehow through traffic
Old 07-28-2004, 10:28 PM
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drsifu
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hell yeah....you should definitely fight it. The easiest route would probably to do it by mail. Just cut and paste what Goku wrote (obviously verify everything is exact to your specific case) That way you dont' get intimidated by the courts.

of course fighting in court will give you great satisfaction when you see the cop walk away in disgust.

the first court case that day was a taxi driver. cop said he paced him going at 85mph weaving through traffic and passing 10-12 cars. went through the whole schpeel about how is speedometer is calibrated at +/- 2 mph. once he finished, the taxi driver's lawyer stood up, said there was no engineering survey, case dismissed. it was a great sight to see. the cop went through all the specific details for like 10 minutes. should have seen the look on his face

next case was a kid about 25 who came to court himself. same speeding ticket on the san mateo bridge. all the cop could do was ask the judge to dimiss the case. damn that guy was lucky....

good luck and let us know how it turns out.

i'm sure sooner or later they'll do a survey for that bridge....
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