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07-10-2008, 01:39 PM
| | Junior Member | | Join Date: Jul 2008
Posts: 5
| | | CVC 22349(a) SPEEDING VIOLATION - CALIFORNIA
What is the name of your state (only U.S. law)? CA
I was pulled over by a motorcycle officer recently. He accused me of speeding through radar evidence a mile before I had seen him camped out under an overpass and pulled me over a mile after I had passed him. When passing him, I saw him putting on his helmet and mounting his bike as I DEFINITELY cruised at 60mph on the highway. He cited me as driving 88mph and violating the California maximum speed limit of 65. It would have been near impossible for him to measure my speed with a radar gun since there was traffic all around me - in front, to the side, and behind (commuters, big rigs, commercial vehicles). He does not argue against this as he marks "medium" under traffic.
When pulled over, the first thing he asked me was if I knew why I was being pulled over. I responded with a no. He then asked where I was headed. I responded to work. He then began to ASSUME that I was late and asked if I had called my boss to tell him I'd be late. I said no. Does this constitute as my admitting to speeding because of being late for work?
What can I do to prove that the officer's radar capability has reasonable doubt? How can I argue this ticket? |
07-10-2008, 01:41 PM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,781
| | Quote:
Originally Posted by highonboba  What is the name of your state (only U.S. law)? CA
I was pulled over by a motorcycle officer recently. He accused me of speeding through radar evidence a mile before I had seen him camped out under an overpass and pulled me over a mile after I had passed him. When passing him, I saw him putting on his helmet and mounting his bike as I DEFINITELY cruised at 60mph on the highway. He cited me as driving 88mph and violating the California maximum speed limit of 65. It would have been near impossible for him to measure my speed with a radar gun since there was traffic all around me - in front, to the side, and behind (commuters, big rigs, commercial vehicles). He does not argue against this as he marks "medium" under traffic.
When pulled over, the first thing he asked me was if I knew why I was being pulled over. I responded with a no. He then asked where I was headed. I responded to work. He then began to ASSUME that I was late and asked if I had called my boss to tell him I'd be late. I said no. Does this constitute as my admitting to speeding because of being late for work?
What can I do to prove that the officer's radar capability has reasonable doubt? How can I argue this ticket? | **A: how fast were you going? |
07-10-2008, 01:46 PM
| | Junior Member | | Join Date: Jul 2008
Posts: 5
| | | I'll be honest here. I was staying with traffic with vehicles on both sides of me going at a maximum of 70 (5 MPH OVER SPEED LIMIT!) a mile ahead of the officer. As I saw the officer, I slowed to 60 and it took him another mile to catch up to me and then accuse me of going 88mph and "leaving traffic behind."
It would be impossible to go above 70mph without wrecklessly switching lanes and cutting other cars off. The officer did not note any of these actions. On top of that, there were DEFINITELY cars in front of me passing him from the distance that he was when he claims that he measured my speed. There was no way that he can track MY vehicle alone on the CA-71 - A THREE LANE HIGHWAY and FOUR LANE if carpool is included.
Last edited by highonboba; 07-10-2008 at 01:49 PM.
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07-10-2008, 03:10 PM
| | Senior Member | | Join Date: Jan 2005
Posts: 21,746
| | | Translation: I have no idea how fast I was going when the officer saw me...
__________________ *
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The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.
Communication is KEY - 10 mins of talking now can save you months of headaches later!
Masterfully stating the obvious to the oblivious! (Thanks SP!)
Tell it like it is! When all else fails, make up a statistic! 
Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to) |
07-10-2008, 03:22 PM
| | Junior Member | | Join Date: Jul 2008
Posts: 5
| | | Still does not constitute the validity of the officer's radar reading. Numerous vehicles surrounding me. Why me? |
07-10-2008, 03:30 PM
| | Senior Member | | Join Date: Jan 2005
Posts: 21,746
| | Quote:
Originally Posted by highonboba Still does not constitute the validity of the officer's radar reading. Numerous vehicles surrounding me. Why me? | Bad Luck? Eeny Meeny Miney Moe? Why not you?
__________________ *
*
The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.
Communication is KEY - 10 mins of talking now can save you months of headaches later!
Masterfully stating the obvious to the oblivious! (Thanks SP!)
Tell it like it is! When all else fails, make up a statistic!
Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to) |
07-10-2008, 07:14 PM
| | Member | | Join Date: Nov 2007
Posts: 802
| | Quote:
Originally Posted by highonboba What is the name of your state (only U.S. law)? CA
I was pulled over by a motorcycle officer recently. He accused me of speeding through radar evidence a mile before I had seen him camped out under an overpass and pulled me over a mile after I had passed him. When passing him, I saw him putting on his helmet and mounting his bike as I DEFINITELY cruised at 60mph on the highway. He cited me as driving 88mph and violating the California maximum speed limit of 65. It would have been near impossible for him to measure my speed with a radar gun since there was traffic all around me - in front, to the side, and behind (commuters, big rigs, commercial vehicles). He does not argue against this as he marks "medium" under traffic.
When pulled over, the first thing he asked me was if I knew why I was being pulled over. I responded with a no. He then asked where I was headed. I responded to work. He then began to ASSUME that I was late and asked if I had called my boss to tell him I'd be late. I said no. Does this constitute as my admitting to speeding because of being late for work?
What can I do to prove that the officer's radar capability has reasonable doubt? How can I argue this ticket? | What you should do is a Discovery Request. Use that to see the notes that the officer will testify from. Then, a TBWD (where the judge will likely rubber stamp your case guilty). After the TBWD, you can request a copy of the officer's declaration. This will give you a good idea of how he will testify. From there you can file for a Trial de Novo and that's where you'll question the officer's ability to distinguish your car from the rest of the traffic. |
07-12-2008, 06:49 PM
| | Member | | Join Date: Jun 2005 Location: California
Posts: 180
| | Quote:
Originally Posted by JIMinCA ... ... Then, a TBWD (where the judge will likely rubber stamp your case guilty)..... | So funny and yet so true!!!
Kudos Jim |
07-12-2008, 06:54 PM
| | Member | | Join Date: Jun 2005 Location: California
Posts: 180
| | Quote:
Originally Posted by Curt581 Ever since the time when you were kids, and you took his tied-together gym shoes and threw them over the power line. He swore then.. that you would rue the day. | I highly doubt you'd be joking about that if you knew who does it & what it stands for! | |
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