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Another 22348(b)vc Exceeding 100 mph

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roddyr

Junior Member
What is the name of your state: California

Defendant Vehicle: Motorcycle

Greetings all,

CHP pulled me over for approx 122. I will be contesting this ticket as I know for a fact at no time did I exceed 100mph.

I saw the CHP parked on the very same on-ramp to the freeway. I actually turned my head and looked at him while I proceeded up the on-ramp. As I entered the freeway I did another check and noticed the CHP proceed on to the freeway to follow, but at a good distance. The time was 5:50pm on a Tuesday evening. I had just left work (8:30am - 5:30pm). As the LA traffic started to build up I proceeded to cross the 4 lanes so that I can enter the carpool lane. Once into the carpool lane I started to pick up speed when the CHP had pulled up next to me asking me to pull over. I crossed the 4 lanes again and pulled over to the side of the freeway. The CHP officer then asked me to proceed to the next exit. Once there, he had some words for me about how they are cracking down on motorcyclist in that area, wrote my ticket, told me to watch my speed, and left.

My arguments:

The distance between where both the CHP and I entered the freeway and where he states the violation took place are mathematically impossible for me to hit that speed.
The distance between the on ramp and location of the violation he lists on the ticket show a distance of 1.7 miles.

120 miles per hour divided by 60 minutes per hour equals 2 miles per minute or 1 mile per 30 seconds.
At an estimated speed of 122, the defendant would need to exceed an estimated 2.03 miles (122 mph divided by 60 minutes per hour) which surpasses the distance between Locations A and B which is estimated to be 1.2 miles.

100 miles per hour divided by 60 minutes per hour equals 1.67 miles per minute.
Using the base minimum speed of 100 miles per hour, the defendant would need to exceed an estimated 1.67 miles (100 mph divided by 60 minutes per hour equals 1.67 miles per minute which surpasses the distance between Locations A and B which is estimated to be 1.2 miles.

Defendant would need to cross 4 lanes of traffic while approaching 122 miles per hour, cross 4 lanes of traffic once again to pull over to the emergency lane, have the officer ask to exit the freeway for safety reasons, and proceed to exit the freeway, all under 1.2 miles and less than 60 seconds.

Questions:

Does the math make sense?

If the CHP states the location of the violation is w/b (freeway) w/b Streetname, does this mean the infraction took place before or after the Streetname exit?

I have an affidavit from co-workers who saw me enter the freeway and the CHP proceed to follow. The ticket also notes under "Radar/Lidar Unit/Patrol Vehicle No." shows the #12. Is this the Vehicle Number? The on ramp where CHP was parked was an underpass so the elevation of the on ramp and the location of the CHP vehicles line of sight does not allow for any use of radar.

Thoughts?

-R
 


Orcons

Member
My arguments:

The distance between where both the CHP and I entered the freeway and where he states the violation took place are mathematically impossible for me to hit that speed.
The distance between the on ramp and location of the violation he lists on the ticket show a distance of 1.7 miles.

120 miles per hour divided by 60 minutes per hour equals 2 miles per minute or 1 mile per 30 seconds.
At an estimated speed of 122, the defendant would need to exceed an estimated 2.03 miles (122 mph divided by 60 minutes per hour) which surpasses the distance between Locations A and B which is estimated to be 1.2 miles.

100 miles per hour divided by 60 minutes per hour equals 1.67 miles per minute.
Using the base minimum speed of 100 miles per hour, the defendant would need to exceed an estimated 1.67 miles (100 mph divided by 60 minutes per hour equals 1.67 miles per minute which surpasses the distance between Locations A and B which is estimated to be 1.2 miles.

Defendant would need to cross 4 lanes of traffic while approaching 122 miles per hour, cross 4 lanes of traffic once again to pull over to the emergency lane, have the officer ask to exit the freeway for safety reasons, and proceed to exit the freeway, all under 1.2 miles and less than 60 seconds.
-R
You lost me on the math. What is your point, that you could not have accelerated to 120 and then decelerated in the distance from when you entered the highway to when the officer stopped you? If that is what you are trying to argue it seems you need to have some idea of how long it takes you to accelerate to 120, which depends on your bike, and how long it took you to decelerate. Assume it takes 20 seconds to accelerate to 120 and that the accleration is linear (in other words you accelerated at a constant rate from 0 to 120). If that is the case you would be traveleing, on average, only 60 mph during that 20 seconds and you could accelerate to that speed in 1/3 of a mile. I think the mistake in your reasoning is that you are assuming that you needed to be travelling at the speed you were cited for the entire time when you only needed to hit it long enough for the radar to register it.

I am not saying that you can't make your argument but I don't think you have shown it yet.
 

roddyr

Junior Member
I'm just trying to find the best way to show how much distance I would have to cross while accelerating 122, crossing 4 lanes of LA traffic at 5:50pm (if you are in the LA area you know how congested the 60 can get) decelerating while crossing 4 lanes of traffic again. All this in under a distance of 1.7 miles.

I guess I need to attempt to calculate the amount of time it takes to accelerate to a specific speed.

I'll be asking the CHP how long he paced me. How long it took him to get through the traffic. I think I will just have to have the formula ready and just input his response and calculate it then. If I was in fact going 122.. how fast would he have to go to catch up to me and how much distance would be both cover in that amount of time?

The only key factor is the distance between where we both entered the freeway and where I was stopped. Im just not sure how to calculate all of it out.
 

roddyr

Junior Member
And what is your reason for thinking that this device was accurate?
There are no modifications to the bike that would lead me to believe the device would be inaccurate. Your right, it could be.

I don't care about the device or its accuracy. I'm not walking into court using this device as my defense. Lets move on...
 

seniorjudge

Senior Member
There are no modifications to the bike that would lead me to believe the device would be inaccurate. Your right, it could be.

I don't care about the device or its accuracy. I'm not walking into court using this device as my defense. Lets move on...
Okay, let's move on.

You have no defense.

End of story.
 

roddyr

Junior Member
Ok. I thought you were done. I'm just hanging out to get real advice. Not someones horrible opinion. Thanks though.
 
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