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wrongfully accused (speeding).

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mndbndr3d

Junior Member
What is the name of your state?california

Traveling thru interstate 5 south towards san diego. I was on cruise control at 70mph, while another car (Honda civic) was about to pass me on my right hand side. Prior to the civic passing me I saw a cop parked on the right side (facing south), as if he had just finish pulling someone over. At the moment I saw him, I looked at my speedometer to check my speed, which reads 70mph (mind-you, due to the curve of the road, he probably saw me the same time I saw him). When I passed the cop, the civic had already passed me and it was about 2 cars lenght away from me. I then looked at my mirrors and saw the cop sped towards me and the civic. I deactivated my cruise control and proceed to travel around 68mph. The cop then pulled to my rear and turned on his lights.

The cop said that he had got me going 82mph (not sure if he's using a radar gun). I then replied nicely and said "it's no way you got me at 82 because I had my cruise control set at 70mph". He then proceed to say that when he pulled behind me, he looked at his speedometer and saw me going 85mph! I told him that this is ridiculous, because throughoutt the whole time I was looking at my dash and made sure that I was atleast below 70mph. He the replied "I have been doing this for 23years and you should not question me".

I believe that the cop had pulled the wrong guy and he should have pulled over the civic instead of me. I also believe that he was abusing his authority as a cop and he was racial profiling.

If I don't win this case I will never trust a cop again. Let me know your thoughts/advise.

P.S. The vehicle I was driving was a GM venture (mini van) and it was my employers vehicle. it has recently been serviced for new tires, which is the same size as the stock. My speedometer can't be wrong since I'm running on the same size tire and the vehicle is fairly brand new (2003 model).
 


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ylen13

Guest
police car speedometer must be calibrated every i believe(CdwJava correct me if i am wrong) You will need to get records of the vehicle to see when it had the speedometer calibrated last time.
 
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ylen13

Guest
Robbie0723 said:
This is one good reason to keep it in the right lane unless passing. Faster vehicle should be in left lane.
5 freeway is multilane freeway.
 

CdwJava

Senior Member
ylen13 said:
police car speedometer must be calibrated every i believe(CdwJava correct me if i am wrong) You will need to get records of the vehicle to see when it had the speedometer calibrated last time.
Ideally they should be calibrated every year. But, there is no statute mandating this.

In this particular instance, I will venture to guess that radar was used. And if it was on I-5 it was almost certainly CHP, and they tend to meticulously calibrate their radars AND their speedometers.

Prior to court, our original poster may want to get his speedometer checked and certified so that he can argue with certainty that his speedometer is accurate.

Either way, it comes down to the officer's opinion versus the driver's. And keep in mind when fighting this that traffic school is not likely to be avalable after trial ... only before (with a no contest or guilty plea).

- Carl
 
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ylen13

Guest
thx for clarifing that calibiration for me. Considering that we are talking about chp, i was told by couple different chp officer that they are prohibited from using radar on most freeways, there is an exception list. If it against chp policy to use radar on 5 freeway(don't remember which freeways are exempted) then would that be valid excuse?
 
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CdwJava

Senior Member
ylen13 said:
thx for clarifing that calibiration for me. Considering that we are talking about chp, i was told by couple different chp officer that they are prohibited from using radar on most freeways, there is an exception list. If it against chp policy to use radar on 5 freeway(don't remember which freeways are exempted) then would that be valid excuse?
If it's policy, than it wouldn't exempt them from the law. A policy violation is an internal mater and does not absolve a person of the offense.

And I am not familiar which - if any - freeways/highways the CHP may not be permitted to operate radar on.

There are courts that require that signs be posted warning that radar is being used before it can be utilized in court, and this may be a limiting factor in some cases. The judges in my county require it so it limits our use of radar ... which, my city is taking care of as we speak (them thar signs are on their way!).

- Carl
 

CdwJava

Senior Member
Robbie0723 said:
What's the rational for requiring the signs?
beats me. We just follow the guidelines set out. And if that's what the judges want, that's what we'll do.

- Carl
 

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