22348(B) VC Exceeding 100 MPH

[void_m]

What is the name of your state?What is the name of your state? california
Last week I received a speeding ticket.

22348(B) vc Exceeding 100+ MPH
radar/pace
I-5, south bound, Kings County area.

2 mins further south there was a big banner saying
"1006 licenses lost here last year" !! .
Would been better if the banner was placed on north side of kings county.

The moment I changed to right lane he flashed from 100 yards behind me. I saw him coming fast didn't knew was a cop until he flashed. I was driving slow for most part of the I-5 and accelerated in kings county area just to pass some trucks etc to get a clear view of the coming road-side sign for fastfood etc.

Anyone with experience contesting 'not guilty'?

Originally Posted by void_m

"...Anyone with experience contesting 'not guilty'?..."

Yes, I have an exceptional amount of experience in that area. What would you like to know?

[void_m]

What would be my best defence strategy?
The car I was driving was rental and automatic. My car is stick-shift and has a very slow pick-up.

The cop said that I need to call the court within 10 buisness day. When I call the court is there anything specific that I should say or ask for? I'm not familiar with the proceedings.

I was 2 miles out of Kings county when he flashed me. He said, he paced me for 2 miles out of county. At the time he flashed my speed was close to the traffic speed or lower as I was changing to slower lane.

Imagine you are on trial.

The prosecutor has proven you were driving 100/55.

Your turn.

What do you say?

[SPORTcoupe]

Originally Posted by seniorjudge

The prosecutor has proven you were driving 100/55.

I would really wonder how he was able to pull that one off considering the speed limit on I-5 is 70 in most places.

First find out whether he radared you or paced you.
If radar, ask to see documentation showing the date it was last calibrated.
If he paced you, you want the documentation from a state approved third-party mechanic with a date when the speedometer was last calibrated.

I know the citation is for 100+ but what did he put for actual speed?
If it's 100 or 101, you can question the accuracy of the officers depth perception at large distances and argue that it can be off by 5% putting you withing the safer <100 zone.
As far as I know, the court can't reduce it to regular speeding; they can either convict you of 100+ or dismiss it.

Good luck!

~Alan

[void_m]

The speed limit in that part is 70 mph and normally traffic speed is around 85-90mph.

How can one obtain statistical information like ..1006 licenses were lost last year. How many accidents occured in that particular stretch of I-5?

Realising my sudden high speed I was slowing down slowly without applying brakes as applying brakes would disturb the traffic flow.

[CdwJava]

Although he CAN agree to plead to a lesser offense instead of taking a chance at the 100+ violation ... which can be a whopper out here.

- Carl

[void_m]

He has put a speed of 103 mph

[void_m]

On ticket he has put 'radar/pace'.
How or when can I get chance for plea bargain to lesser offence?

[CdwJava]

Originally Posted by void_m

On ticket he has put 'radar/pace'.
How or when can I get chance for plea bargain to lesser offence?

Very often a radar will be used in conjunction with a pace. If the officer sees you speeding, he does a visual estimation of the sped,then he hits you with the radar to confirm that visual estimation, and THEn he can pull in behind or ahead of you and pace you with his vehicle. So, it is possible he hit you with the radar and then paced you.

As for the plea, I'm not sure. I've heard it is possible, I'm just not sure when. You might be able to make the motion in court asking to plead guilty to a lesser charge of say, Unsafe Speed (CVC 22350) ... but I'm not sure of the procedure.

The speed limit in that part is 70 mph and normally traffic speed is around 85-90mph.

And if you were doing even THAT speed, you can be charged with an offense. It is not a defense to say that everyone else went the same speed.

How can one obtain statistical information like ..1006 licenses were lost last year. How many accidents occured in that particular stretch of I-5?

Possibly from the CHP ...or from the DMV ... or from the county courts ... or from a local law enforcement agency ... it may be a part of a regional traffic enforcement program. Where I used to work we had a traffic enforcement grant called the Strategic Traffic Offender Program, and we had statistics like that ... they were collected as part of the grant report. So if someone is tallying the data, they are likely doing it as part of a grant or other funding project.

Realising my sudden high speed I was slowing down slowly without applying brakes as applying brakes would disturb the traffic flow.

And if you were speeding, you were still commiting an infraction - slowing or not.

- Carl

[void_m]

The traffic court automated system says that I am eligible for traffic-school. I talked with a clerk too and she confirmed that I can attend traffic-school.

Should I still appear in court? The hanford court is about 180 miles from my house.

Originally Posted by void_m

The traffic court automated system says that I am eligible for traffic-school. I talked with a clerk too and she confirmed that I can attend traffic-school.

Should I still appear in court? The hanford court is about 180 miles from my house.

Ask the clerk; get her first name.