I got a ticket for going 60mph on a 45mph zone!?

[RandyL]

Is this right!? I feel cheated!

What is the name of your state? California

Ok, I got a ticket for going 60mph on a "45mph" zone while I was going appx 45mph!?? I was driving to the gas station with my coworker to get some coffee this morning and I was driving just a tap over the speed limit (speed limit was 40mph, and I was going at around 43mph) because I knew that there are many speed traps in the area. Anyway we saw this cop on the side of the street and he just walked out from his car with a laser and he wasn't pointing to us at all, and I immediately took a quick glance on my odometer that I was going at 43mph. I believe my actual speed should be lower due to the odometer accurancy. We went passed him and the next thing I know he's behind us and pulled us over.

Me: What's wrong officer?
Officer: Do you know what the speed limit is on that street?
Me: Yea, it's 40mph (which is posted on the sign).
Officer: And do you know how fast you were going?
Me: Yes, I was going appx. 40mph.
Officer: My partner clocked you were going 56mph (and I see no other cop around, maybe he's hiding somewhere?), let me have your license and insurance.

And he handed me the ticket stating I was going 60mph on a 45mph zone (!!!) I was shock because there's no way I was going 60mph and the speed limit on that street is 40mph instead of 45mph. My coworker also agreed with me.

He also cited me for not having proof of insurance, well I just picked up this car (as my 2nd car) last nite and I have insurance on my other car. And I'm in the progress changing the title and adding this car to my insurance policy.

When I looked at the ticket later today, I discovered that the cop did not fill out the "location of violation", he left it empty!! He just stated the "speed approx." and the speed limit. And the name of citing officer and arresting officer are different. But I never see the other cop.

So what's my option now? Usually if I know it's my fault then I'd just shut up and pay the fine. But definately not this time. Sorry for the long post and thanks in advance for any advice.

Regards,
Randy

 

[lwpat]

California Speeding Ticket

It is likely that the other officer recorded your speed prior to you noticing the officer that actually stopped you. They were probably working as a "tag team" with one clocking in one direction and vice versa. That is why he was not pointing his gun at you.

You should receive a courtesy notice in a few weeks notifying you that you are eligible for traffic school. This is the option selected by most California drivers since it avoids going to court and the ticket is not posted to your record. Here is a link for more information.

http://www.trafficschoolonline.com/?lcode=4013

Another option is a trial by declaration which can be handled by mail. This rarely works but since two officers are involved you may have a better chance. If you are found guilty you can appeal and receive a new trial. However you may lose the option of taking traffic school.

If the county seat is closer to where you live/work you can request a change of venue. Some people claim that this increases the likelyhood of the officer, or in your case officers, not showing. Both will have to appear, one to testify to your speed and the other to identify you. I have no evidence that it makes any difference.

If you decide to contest the ticket you need to do a discovery request and research the possible defenses such as an out of date speed survey. Then spend some time in traffic court to learn the procedures.

 

[RandyL]

Thanks for your input. What about the officer didn't put the violation location? Does it affect anything? I just don't feel like paying for some mistake I didn't make, well maybe it's just how this system works.