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speeding by aircraft

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jpc1

Junior Member
What is the name of your state (only U.S. law)? california
I recently was issued a ticket for 75 in a 65 on my motorcycle on HWY 1. The CHP plane radioed a patrol car and told him to issue me a ticket. The pilot directed the patrol car down my country road to my house where the patrolman pulled up and told me the pilot told him to get me. My question is twofold: is airplane speed verification accurate and legal in California and does it hold up in court even if the patrol car never even saw me riding my bike at all? The patrolman even apologized and said it was really the pilot giving me the ticket not him. I have to say, the CHP are definately the most polite cops on the road. Thanks, jim
 
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xylene

Senior Member
Aerial observation of speeding is valid.

The officer who pulls you over / writes the ticket need not be the one who made the observation.

Police in helicopters and fix wing aircraft make speed tickets all the time. Typically these are done by stopwatch - a highly accurate way of speed observation.
 

Maestro64

Member
If you chose to fight the ticket both officer must show in court. If they both do not show then you can request a dismissal due to lack of a witness. Also, they have to bring the necessary documents show what they used was properly calibrate.

Most 2 officer operation is easy to beat in court since usually both do not show, usually the one who wrote the ticket and that officer can not testify you were speeding since he did not observe your he was told and anything told to him is hearsay in the court.
 

Zigner

Senior Member, Non-Attorney
If you chose to fight the ticket both officer must show in court. If they both do not show then you can request a dismissal due to lack of a witness. Also, they have to bring the necessary documents show what they used was properly calibrate.

Most 2 officer operation is easy to beat in court since usually both do not show, usually the one who wrote the ticket and that officer can not testify you were speeding since he did not observe your he was told and anything told to him is hearsay in the court.
I heard the conversation of a few police officers on the train a while back. They LOVED being in court and would do everything they could to be there. Why? Overtime pay ;)
 

I_Got_Banned

Senior Member
Why? Overtime pay ;)
That is assuming that they happen to be off duty on the date the court is scheduled, otherwise, it is not Overtime. Moreover, courts nowadays are scheduling court trials based on a preset weekly appearance day that the officer is assigned to be in court.
 
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I_Got_Banned

Senior Member
Aerial observation of speeding is valid.
....
Police in helicopters and fix wing aircraft make speed tickets all the time. Typically these are done by stopwatch - a highly accurate way of speed observation.
That is ILLEGAL in California...

One of the definitions of a "Speed Trap" (According to CVC Section 40802):
40802. (a) A "speed trap" is either of the following:
(1) A particular section of a highway measured as to distance and with boundaries marked, designated, or otherwise determined in order that the speed of a vehicle may be calculated by securing the time it takes the vehicle to travel the known distance.
And we all know that "Speed Traps" are ILLEGAL in California... As per CVC Section 40801
40801. No peace officer or other person shall use a speed trap in arresting, or participating or assisting in the arrest of, any person for any alleged violation of this code nor shall any speed trap be used in securing evidence as to the speed of any vehicle for the
purpose of an arrest or prosecution under this code.
 

Jim_bo

Member
I've heard of people getting airplane tickets in CA... but I can't imagine how they can actually get your speed in a legal fashion. I'd be really interested in knowing how the air cop got your speed.
 

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