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New twist on "discrimination?"

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Number4

Junior Member
California, Sacramento.
Lasar ticket for 83 in 65. Cited under cvc 22349a
I thought about "discrimination" but there's probably a better word for what I'm talking about.
After pleading not quilty and being at the trial date, assuming the CHP shows.
I'd like to ask him how many cars he scans with his laser on any given day, or week.
Then ask him how many of the vehicles scanned are going over 65?
How many of the vehicles going over 65 does he ticket.
(assuming he answers truthfully, I don't think he tickets all vehicles going over 65.)
Then he must be discriminating against me because I was doing "83."
CVC 22349a states going over 65. So if he admitts (court of law) that he doesn't ticket, say people between 65 and 70. Then how can he ticket me.

Will this work, or just piss of the judge?
 


20pilot

Member
California, Sacramento.
Lasar ticket for 83 in 65. Cited under cvc 22349a
I thought about "discrimination" but there's probably a better word for what I'm talking about.
After pleading not quilty and being at the trial date, assuming the CHP shows.
I'd like to ask him how many cars he scans with his laser on any given day, or week.
Then ask him how many of the vehicles scanned are going over 65?
How many of the vehicles going over 65 does he ticket.
(assuming he answers truthfully, I don't think he tickets all vehicles going over 65.)
Then he must be discriminating against me because I was doing "83."
CVC 22349a states going over 65. So if he admitts (court of law) that he doesn't ticket, say people between 65 and 70. Then how can he ticket me.

Will this work, or just piss of the judge?
The judge will be wishing that he had a way he could cause you to have a stroke so you would stop talking and wasting his time.
 

Some Random Guy

Senior Member
Your case will be decided by the facts of your case.

Your claim that you were discriminated against because of your speed, is strange, truthful and perfectly legal.

If you want to change department policy regarding which speeders to pull over, then please bring it up with the police department. This is not a matter for the judge to decide.
 

racer72

Senior Member
The officer can pick and choose who he wants to ticket for speeding. If he has a thing for red cars and decides to ticket only the drivers of red cars, it is perfectly legal. The "discrimination" you describe is also perfectly legal.
 

CdwJava

Senior Member
The key is whether the act was an UNLAWFUL act of discrimination or abuse of discretion. So, unless he stopped you because you were perceived to be a member of a protected class of individuals, this argument will not prevail as speeders are not a protected class of individuals.

As was previously stated, he doesn't have to stop everyone he sees. Heck, if I stopped everyone I saw see that commits SOME violation, I might never get to the office on a given afternoon!

- Carl
 

Number4

Junior Member
The key is whether the act was an UNLAWFUL act of discrimination or abuse of discretion. So, unless he stopped you because you were perceived to be a member of a protected class of individuals, this argument will not prevail as speeders are not a protected class of individuals.

As was previously stated, he doesn't have to stop everyone he sees. Heck, if I stopped everyone I saw see that commits SOME violation, I might never get to the office on a given afternoon!

- Carl
I appreciate your unbiased non-negative response. When a serious question is posted on a forum, it's nice to get a serious respectful answer.
What's the likelyhood of getting the 16-25 fine reduced to a 1-15 in Sacramento? I suffer from migraines and at the time, was just starting one. (Wife can act as witness, as I was just previously talking to her before I increased speed to get home.) My intention in speeding was to get off the road, and not merely to just speed. Will a judge care?
 

Number4

Junior Member
Carl,

By the way, the migraines are new and I have five a day. I have prescription medication to back it up.
I can also provide proof of the conversation with my wife (cell phone bill) in which I told her I had to go because I was starting a migraine.
Would it be best to try and speak with a prosecuter, or do written declaration stating the migraine?
Not excusing the violation, but trying to get the fine reduced.
It would seem that in a court room full of other people, the judge would be more inclined to say no. Trying to avoid everyone else from using the same reason.

Thanks
 

20pilot

Member
I suffer from migraines and at the time, was just starting one. (Wife can act as witness, as I was just previously talking to her before I increased speed to get home.) My intention in speeding was to get off the road, and not merely to just speed. Will a judge care?
It appears you really like to dig a hole for yourself. Let me rephrase what you are planning to say: I was coming down with a debilitating condition, so I started speeding at a time where I knew I was getting distracted by pain, my reflexes were slowing down and I risked being incapacitated with little warning.

You do realize that the worst case outcome is that the judge can pull your license because based on your testimony he finds you unsafe to drive due to your health. You are now looking at having to undergo tests and then needing a doctor's note declaring you safe to drive. Quietly paying the speeding ticket would be much cheaper.

I suggest you accept responsibility and beg for the court's mercy. That goes a lot farther than lame excuses.
 

CdwJava

Senior Member
I appreciate your unbiased non-negative response. When a serious question is posted on a forum, it's nice to get a serious respectful answer.
What's the likelyhood of getting the 16-25 fine reduced to a 1-15 in Sacramento? I suffer from migraines and at the time, was just starting one. (Wife can act as witness, as I was just previously talking to her before I increased speed to get home.) My intention in speeding was to get off the road, and not merely to just speed. Will a judge care?
The judge has little leeway on fines in Sacramento County ... at least, they used to. I don't know if he could drop it all too much, but I imagine the actual speed (as you describe) is a possibility.
By the way, the migraines are new and I have five a day. I have prescription medication to back it up.
I can also provide proof of the conversation with my wife (cell phone bill) in which I told her I had to go because I was starting a migraine.
Would it be best to try and speak with a prosecuter, or do written declaration stating the migraine?
I don't think it would result in a lower fine, but it stands a good chance of resulting in a mandatory DMV driver re-evaluation and a medical clearance from your doctor. If these migraines are so debilitating as to render your driving unsafe, then you need to reconsider your being behind the wheel of a vehicle!

- Carl
 

20pilot

Member
By the way, the migraines are new and I have five a day. I have prescription medication to back it up.
If you are really having 5 migraines a day, you have absolutely no business driving. If you have just started taking prescription medicine for migraines, you have no business driving till you can be sure how the medicine affects you. Besides common sense, you do realize that it is illegal for you to drive when you are impaired, whether by a properly prescribed medicine or a medical condition.
 

Number4

Junior Member
Carl-

The migraines are simply mood altering.....I tend to become short tempered after having them. Kind of flu like, not the debilitating kind.
Although I'd already considered the medical concern with the judge.
My other angle, simply putting the responsibilty on the "prosecution" side (innocent until proven guilty.)
Was that I was in a pack of 6-7 cars, there was a silver Nissan coming up quick behind me (20-30 feet and closing) it was 5:30pm and the sun was low in the sky behind me. Which put the sun light directly in the officers eyes.
Reasonable doubt? Could have been me or any of the cars around me.
He stated he had lasar, which to my understanding has a very small footprint.
More likely to be on target?
 

CdwJava

Senior Member
The migraines are simply mood altering.....I tend to become short tempered after having them. Kind of flu like, not the debilitating kind.
Then they should not be relevant to your driving, and are not likely to gain sympathy from the court - especially since you have known about them and they are recurring. However, if you start making it an issue and explain how horrible it is and how it caused you to speed because you were desperate for relief, I suspect you will find that the court might order a re-evaluation of your driving status.

Could have been me or any of the cars around me.
He stated he had lasar, which to my understanding has a very small footprint.
More likely to be on target?
Note that as part of their training, they have to qualify with visual estimation +/- 2 MPH (I believe it's 2 MPH still) and they use the radar or laser to confirm the speed. Therefore, he's not going to rely solely on the speed on the lidar. Plus, if he got the car next to you, and you were going faster than that car ... well ...

You likely have nothing to try by raising the argument, though keep in mind that after trial you may not be granted the opportunity for traffic school. If eligible, you have a pretty sure thing before trial, but afterward the court may not permit you to take traffic school, so you might want to consider this as well.

- Carl
 
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