Another "I got a 'speeding ticket'" question...
Well, my near 7 year streak came to an end today, and I got pulled over for speeding this morning. Laws here in CA are not as clearly defined for speeding (as they are on the east coast), so hence the question. I passed the officer as I was accelerating hard on to the Coronado Bridge (pretty long bridge). Towards the other side, I came up on very slow traffic (moving 45mph) and I saw the officer come up behind me. Upon the bridge exit, he pulled me over. I've been cited for 22405(a) Unsafe Speed on a Bridge - citing me going "approximately 80mph". I inquired if he paced me or clocked me doing that speed, and he said "no, I just think that's what you were doing since it took me awhile to catch up to you." Was I speeding? Probably. Was I going 80mph, doubtful.
Am I mistaken or is this going to get thrown out of court pretty easily?
Am I mistaken or is this going to get thrown out of court pretty easily?
Originally Posted by FairladyZX
Yes,
I have only had one speeding ticket and I defeated it by going through a trial by decl. first. The beauty of doing the trial by decl. is that if you fail, you can still go to court for a second attempt.
Cite that there was nothingon radar or laser.
It is a fact that speeds on bridges are much less than speeds on freeways or long open industrialised roads.
question the officers judgement on how he *thinks* you were doing 80. Did he pick two points on the road and time how long it till you to get between teh points or is he just guessing because he couldn't catch up to you fast enough. It takes alot for a stopped car to catch up to an already moving car....
I believe for cops to to give you speeding tickets based on their own judgement they have to get certified and go through training to do that. Might be something worth looking into.
I believe for cops to to give you speeding tickets based on their own judgement they have to get certified and go through training to do that. Might be something worth looking into.
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Your argument should be, "I wasn't speeding." When the officer says you were, he has no proof. He didn't clock you or pace you. So he just "thinks" you were doing about 80 is rediculous. That will never hold up in court. Was it highway patrol? If it was then he will definitely show up in court to fight you on it. If it is local cops or sheriff, there is a decent shot they won't show up. I say fight it.
how can you tell if they've paced you, if by the time they're behind you with the lights flashing, you've slowed down?
i've got a ticket for which i need to write the trial by written declaration this weekend... i'm wondering about this.
i've got a ticket for which i need to write the trial by written declaration this weekend... i'm wondering about this.
Unfortunately, visual estimation of speed will stand up in court. For CHP, the ability to visually estimate speed is certified every year and is supposed to be accurate within 5 mph.
Though I have heard from a LAPD person that visual estimation is harder to support in court, so you may have a chance.
As for pacing, I don't think they have to be right behind you to do so.
Though I have heard from a LAPD person that visual estimation is harder to support in court, so you may have a chance.
As for pacing, I don't think they have to be right behind you to do so.
unfortunately ive already gotten one extension and this court doesn't allow another, unless i'm dying or something. another reason why i got the trial by written declaration form.....delay delay delay delay. if this doesn't work, court date!
Originally Posted by Sensi09
Unfortunately, visual estimation of speed will stand up in court. For CHP, the ability to visually estimate speed is certified every year and is supposed to be accurate within 5 mph.
Though I have heard from a LAPD person that visual estimation is harder to support in court, so you may have a chance.
As for pacing, I don't think they have to be right behind you to do so.
Though I have heard from a LAPD person that visual estimation is harder to support in court, so you may have a chance.
As for pacing, I don't think they have to be right behind you to do so.
Last time i was pulled over i got a ticket for passing in a no passing zone and careless driving. When i got to court i talked to the cop that wrote me the ticket and told them i was a Auto Technician and i could not afford to have points on my record so they changed it to "failure to obey traffic control devices" and my fine went down to $80 instead of $250. I don't know how Cali police are but sometimes if you talk to the cop before the hearing they will help you out at least out here in Amish country Pa. Good Luck in any case though.
Originally Posted by Chebosto
keep delaying the court appearance until Xmas or holiday time then go in
see if the cop shows up.
:P
see if the cop shows up.
:P
Got caught last thanksgiving and im still in the process.
i got dismissed few wks ago for speeding cuz the cop didn't show up lol. but i got caught doin only 75 on 210 freeway, i think he pulled me over cuz he "thought" i was goin fast.
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