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Laser ticket. in So. Cal. Please help!!!

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§hadow

Junior Member
I was pulled over a week ago and given a citation for 48 in a 35 on my way home from college. The officer was on a motorcycle at an intersection in the far west oncoming lane (4 lanes. 2 in each direction). i was in the far east lane and made a right at the intersection. immediatley following my turn, the officer went into the intersection and proceeded to pull me over. the officer then showed me his laser gun that read 48mph and said he clocked me coming over the railroad tracks (approx 700ft from his location). i recieved the ticket without argument as i was once told is better to do even if the the officer is not correct.

The thing is, i was initially heading into a parking lot of a minimart about 20 yrds from where i made the turn (i changed my mind and decided to head home). I was also traveling next to a motorcycle whose speed exceeded mine since he was passing me on the left (side nearest to officer) at a high rate (i began slowing for the parking Entrance approx. 100 yds back but maintained a speed of approx. 15 mile till the intersection once i changed my mind). I believe the officer made a mistake and pulled me over rather then the cyclist.

I am an 18 yr old living in California and drive a very flashy bright red saleen mustang which is easily seen and stands out. My vehicle is equipped with Flowmasters exhaust and i know through the exhaust note that i was under 2,000 rpms in 3rd which equats to less then 35mph. I plan on fighting this by written declaration, However im not sure of the odds in my situation and am not familiar with how to write it. I am all for being punished for breaking the law but believe it to be unjust when one is punished for something they did not do.

I recieved a correcton letter through the mail correcting the day the officer put as the day of violation (the date was correct, however the officer put tuesday down instead of wednesday) which further confirms my notion that the officer was too distracted at the moment to take note of the speeding cyclist (first thing he said when he pulled me over was "nice car!"). The officer also put down the location of the violation as "600 N Glendora" but the only house on the block beggining with 6 is 634 which is approx 1020 ft away from where the officer was with many obstictions blocking the view.

another fact of which might not have any bearing is that i had to pass my house in order to get to the minimart (should have just went home in the first place). Will that help prove that i was actually heading to the mart in the first place which would have prevented me from going the accused speed?

Help Please!!!
 


CdwJava

Senior Member
There are ways to combat a radar/lidar cite, and I am sure Pugilist (a semi-regular poster here) will be here soon enough to relate his mantra.

The issue of the day of week is not likely to effect negatively on his credibility as it is not an uncommon mistake for ANYONE to enter the wrong day at any time. Putting the wrong day of week down on the cite does not show that he was not diligient in conducting a visual estimation of your speed and activating the lidar device.

And the block is an approximation. Very often we will put note the last known address as the block where the violation occurred. If there is no address immediately available, you estimate. And the 600 block of N. Glendora wouldn't end until you reach the first house in the 700 block ... or the 500 block.

Keep in mind that motor officers do nothing but traffic. His credibility will be given a lot of weight. And in a trial by declaration you DO miss the chance that the officer may be a no-show in court and thus give you the best chance you might have for a win.

- Carl
 

Pugilist

Member
As predicted, I'm here, and I will now "relate my mantra." Thanks for the intro, CDW!

Since it is a radar ticket, one of the defenses you should consider is the Speed Trap defense, based upon the Speed Trap law, Vehicle Code Sections 40802 -40805. To learn about it, go to library and get book on how to fight your ticket. The first step you will need to do for a Speed Trap defense is get a copy of the survey for the street.

The officer DID make some mistakes, but those still might not be enough to convince a judge that the officer was so whacked out that he mis-aimed his speed gun.

And I think that this case would be perfect for a Trial By Declaration. And, if you lose the TBD and then request a Trial de Novo, you will have the chance that the officer will not show up.



Pug
 
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Pugilist

Member
Details about writing TBD will be in one of the books at the library. Also, do a google.com search on "trial by declaration speeding ticket california."

Pug
 
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