• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Mistaken Identity???

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

chemradcon

Junior Member
What is the name of your state? California
Stopped on 10/31 and cited for 88 in a 65. When I saw the motorcycle coming at me at a very high rate of speed in my rear view, I sped up (to about 72) and got out of the way. He immediately turned his lights on, pulled me over, and cited me for 88 mph. I was traveling 60-63 before I saw him, and only sped up to change lanes (to get out of the way of who ever it was). On the ticket he wrote Toyota Matrix (I drive a Scion Xa) and I am sure he was chasing another car. Anything I can do? No radar, or any other means of tracking other than pacing, but he was colsing on me so fast that I do not see how an accurate speed could have even been determined?
 
Last edited:


seniorjudge

Senior Member
What is the name of your state? California
Stopped on 10/31 and cited for 88 in a 65.
When I saw the motorcycle coming at me at a very high rate of speed in my rear view, I sped up (to about 72) and got out of the way. He immediately turned his lights on, pulled me over, and cited me for 88 mph. I was traveling 60-63 before I saw him, and only sped up to change lanes (to get out of the way of who ever it was). On the ticket he wrote Toyota Matrix (I drive a Scion Xa) and I am sure he was chasing another car. Anything I can do? No radar, or any other means of tracking other than pacing, but he was colsing on me so fast that I do not see how an accurate speed could have even been determined?

They've probably heard that one before.






Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


Here are six stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

6. I was influenced by a bad crowd.

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.
 

cepe10

Member
What is the name of your state? California
Stopped on 10/31 and cited for 88 in a 65. When I saw the motorcycle coming at me at a very high rate of speed in my rear view, I sped up (to about 72) and got out of the way. He immediately turned his lights on, pulled me over, and cited me for 88 mph. I was traveling 60-63 before I saw him, and only sped up to change lanes (to get out of the way of who ever it was). On the ticket he wrote Toyota Matrix (I drive a Scion Xa) and I am sure he was chasing another car. Anything I can do? No radar, or any other means of tracking other than pacing, but he was colsing on me so fast that I do not see how an accurate speed could have even been determined?
There is a trial by declaration option in CA
http://www.trial-by-declaration.com/

The situation you have descibed is not a valid means of producing a pacing measurement anywhere....

The inaccurate vehicle identification may cast some doubt.

Sounds like it is certainly worth fighting.
 
What is the name of your state? California
On the ticket he wrote Toyota Matrix (I drive a Scion Xa) and I am sure he was chasing another car. Anything I can do? No radar, or any other means of tracking other than pacing, but he was colsing on me so fast that I do not see how an accurate speed could have even been determined?
Mix up in car make is not an issue, if you were driving something and your signature and identity is on the citation. Clearly, under circumstances as you describe them, the fellow could not have an accurate reading on your speed. He made a judgement about the numbers, but you knew you exceeded the speed limit by perhaps 7 mph. Best you can hope for is a reconsideration by the cop, regarding that 88 vs 72 thing. It is worth asking for, to be sure. If I were the judge, straight-forward relating of the event, as above, would help get you a lower fine, but it is still speeding.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top