Officer Wrote The Ticket For Too High

[rockyshaun]

What is the name of your state (only U.S. law)? California

Travelling on Hgwy 395 I was beginning to pass in the passing lane with traffic in front of me when I saw the CHP coming my way. I was driving about 72 in a 65. He wrote me for 80. The girl I was passing is an aquaintance of mine and is writing a testimony that there is no way I was going 80.

What is the best way to word my argument to be found innocent of driving 80 without admitting guilt for driving 72. I plan on doing trial by mail first. Should I request a motion for discovery or a traffic survey? Is there a way to create doubt that he pulled over the wrong car? Are there loopholes in the law or is it an absolute speed limit?

Thank You for your time and help.

 

[HomeGuru]

What is the name of your state (only U.S. law)? California

Travelling on Hgwy 395 I was beginning to pass in the passing lane with traffic in front of me when I saw the CHP coming my way. I was driving about 72 in a 65. He wrote me for 80. The girl I was passing is an aquaintance of mine as is writing a testimony that there is no way I was going 80.

What is the best way to word my argument to be found innocent of driving 80without admitting guilt for driving 72. I plan on doing trial by mail first. Should I request a motion for discovery or a traffic survey? Is there a way to create doubt that he pulled over the wrong car? Are there loopholes in the law or is it an absolute speed limit?

Thank You for your time and help.

**A: the girls written testimony will be thrown out. Anyone know why?

 

[rockyshaun]

No why? Does she need to write it a certain way?

 

[HomeGuru]

No why? Does she need to write it a certain way?

**A: stay tuned as others will respond. Hint: she will be writing to the court and should not use pink scented lace stationary.

 

[Zigner]

**A: the girls written testimony will be thrown out. Anyone know why?

I know why it SHOULD and CAN be thrown out. Of course, the judge is free to consider it if there are no objections from the other side

 

[rockyshaun]

I know why it SHOULD and CAN be thrown out. Of course, the judge is free to consider it if there are no objections from the other side

Enlighten me please. This will happen with trial by mail or trial de novo?

 

[rockyshaun]

**A: stay tuned as others will respond. Hint: she will be writing to the court and should not use pink scented lace stationary.

My wife was in the car with me and the reason I know this girl is she used to be my neighbor. It was chance that we were at the same time and place.

 

[Zigner]

My wife was in the car with me and the reason I know this girl is she used to be my neighbor. It was chance that we were at the same time and place.

So, you passed this gal, right? I assume that she was driving along merrily at 65 mph, right? So, if her written letter is actually accepted in to the record, it will be very damning for your case.

 

[rockyshaun]

So, you passed this gal, right? I assume that she was driving along merrily at 65 mph, right? So, if her written letter is actually accepted in to the record, it will be very damning for your case.

Outside of saying she observed I was not going 80 I asked her to avoid numbers and write that I was driving at a safe speed. What is your advice?

 

[HighwayMan]

Your "acquaintance" is not trained in independent speed estimations, is she? I suppose your wife isn't either.

And do you have proof that your speedometer is accurate? When is the last time you had its calibration checked?

 

[Zigner]

Outside of saying she observed I was not going 80

Even if she were standing right there in court, how could she POSSIBLY testify to ANYTHING other than that you were traveling faster than she was?

I asked her to avoid numbers and write that I was driving at a safe speed. What is your advice?

My advice is to have your friend save 1/3rd of a cent's worth of ink.

 

[HighwayMan]

Are there loopholes in the law or is it an absolute speed limit?

A speed limit is a speed limit. And no, you cannot exceed that limit to pass another vehicle.

 

[rockyshaun]

The whole point is that he wrote me for too high. Does anyone have any positive ideas for a good defense?

 

[Isis1]

The whole point is that he wrote me for too high. Does anyone have any positive ideas for a good defense?

You defend your case by saying you were going 72 and not 80. Either way you are getting a speeding ticket.

 

[HighwayMan]

The whole point is that he wrote me for too high.

The whole point is that you do not know that. Seven miles per hour is not much of a difference - certainly not enough for most people to notice. And you have no way to know for sure how fast you were moving. You were driving "about 72" according to your original post.

What does that mean? Is that +/- 5 mph? Is that +/- 2 mph? Were you looking at your speedometer the whole time? If so how do you know it was accurate?

Does anyone have any positive ideas for a good defense?

You have no good defense here. Having an untrained observer write a letter that you were traveling at a "safe speed" (whatever that means) will get you nowhere.

You're only hope is that the state makes a mistake in the prosecution or fails to provide something that is required. That is how most speeding tickets are won.