Can he get away with it?

On US Hwy 1 North just outside of Pacifica, California, and my friend was pulled over for speeding at about 1 am. The conditions were relatively clear, but the roadsides were not illuminated by lights. Speed limit postings were few and far between, and my friend felt that he was not speeding based on the fact that he was at a comfortable distance between the car ahead of him, and the car behind him (a cop car) and his position relative to them stayed the same. The cop also said that he was "racing", even though all the cars in sight that night were all fairly far away and in the same lane. He also drives a 1988 Toyota Camry and was carrying 2 passengers. Can he protest the ticket based on the fact that he didn't notice any street limit postings? And since it was so dark, didn't notice the spedometer with his eyes on the road and judged his speed by the cars around him? (Sort of keeping up with the "flow" of traffic?)

From another perspective, I was in a car behind the cop car, and judged that the cop was traveling atleast 65 mph.

My response:

You can't be serious, can you ?

IAAL

Wow, this is kind of like the guy who wanted a supervisor to respond to the scene of a speeding ticket being issued.

He wanted the supervisor to ticket the citing officer since it was obvious that the officer was speeding since he caught the driver!!

Can he protest the ticket based on the fact that he didn't notice any street limit postings? In California, the legal speed limit when there is no posted speed limit is 25 mph. Were you exceeding 25 mph?

My response:

Well, Racer, U.S. Route 1 (better known as Pacific Coast Highway, or "PCH") is, in fact, a 55 mile per hour highway, and the signs are there, spaced out at 2 mile intervals. The writer is mistaken.

IAAL

The writer is also mistaken:
1. going with the flow of traffic, comfortable distance etc. is not a plausible defense to speeding.
2. not being able to see the speedometer because it was dark is also a crap excuse.

HomeGuru said:

The writer is also mistaken:
1. going with the flow of traffic, comfortable distance etc. is not a plausible defense to speeding.
2. not being able to see the speedometer because it was dark is also a crap excuse.

Click to expand...

My response:

Which is why I said to him, "You can't be serious, can you ? "

(Gosh, I really enjoy quoting myself. I'm my own best authority.)

IAAL

Yes, but when you start arguing with yourself, we will all know that you have finally made it!!

"No, he won't"

"Yes, he will, you DOLT!"

"Shut up, you don't know anything. IAAL is GOD!"

"I know, but sometimes he gets confused... must be all the radiation from his monitor"

"Yah, I know, but we love him like a brother!"

(Excuse the above... I was just having an argument with my 'alterself' "Bob".

My response:

You absolutely cracked me up with that ! I'm just rolling with laughter !

No you aren't !

Yes, I am !

Just stop it, right now !

No. Steve was really funny this time.

Oh, pshaw. Steve wouldn't know "funny" if it smacked him in the face.

Yes, he would ! I've seen it a few times on the board. Steve's been "smacked" many times. He's quite funny sometimes ! Just like the above.

Oh, please ! Who are you trying to impress ? Steve's funny bone was broken years ago.

C'mon, give the guy a break. Steve is wonderfully funny when he wants to be.

Well, he sure wasn't this time !

I think he was, and that's all that matters. My opinion is what counts around here - - not yours.

Fine, have it your way.

I will. Steve was funny, and that's that.

IAAL

p.s. You want to read something funny ? Go here:
https://forum.freeadvice.com/showthread.php?threadid=71929

I find that most lawyers are there own best friend.

Here is another post that makes you wonder where some people get their information. https://forum.freeadvice.com/showthread.php?threadid=71681

Hey Racer !

You gave me a good idea. I'm going to start a thread on the "Parking Ticket" Board (no one goes there anyway) and call it "The Daily Round-Up". In that thread, each of us can post the wacky, the idiotic, and most nut baggy posts we come across on a daily basis.

Thanks buddy !

IAAL