dlmitchell
Junior Member
What is the name of your state (only U.S. law)? CaliforniaI am 42 years old and I just received a speeding citation and ironically I am often teased for driving “too slow”. I take driving safely serious. I have a daughter who in a couple of years will be of driving age and I pride my self on setting a good example by following the rules of the road and hopefully she will do the same when she begins driving.
After 12 years of saving and looking for a classic 1969 Convertible Camaro “My dream car” my wife gave me the “okay” to purchase the car for Fathers Day. I found a car in my price range in Chico Ca. I had been speaking with the owner over the phone for over 2 years and I was fortunate that the car was still available.
On June 17, 2009 I made the trip to Chico, Ca to purchase and pick the car up. I brought a friend of the family with me (Mark) to drive my 1987 Honda accord home as I would be driving my new “dream car” home.
I knew this car was not perfect with many non functioning components and that is why I was able to purchase it for a discounted price. As we began our trip back home I pulled into a gas station to ask how Marl how fast I was traveling as the Speedometer was not functioning. Mark commented that I was driving “sort of slow” and that he would honk to let me know to speed up. As we continued driving on the two lane highway (99) at what I thought was a safe and moderate pace when suddenly we were both passed by a truck on the left: opposite direction/passing lane. I then decided to travel in the slow lane since I didn’t seem to be going fast enough. The car doesn’t have a tachometer, so I couldn’t use the RPM’s to gage how fast I was traveling. I was trying to listen to the motor tone to maintain a constant speed but the convertible top is also not functional (in the down position) and there was too much wind noise.
About an hour or so into the trip we were in the slow lane approaching a big commercial truck and as the road took a slight right bend I noticed a car on the shoulder which turned out to be a CHP cruiser with radar set up. I noticed the CHP cruiser pull out immediately and enter the fast lane of traffic. I was in the slow lane with Mark behind me and a commercial truck in front of me. Prior and during this time I was not attempting to adjust my speed (no gas or brake) as I was getting closer to the large truck. The CHP cruiser passed Mark driving my Honda and cut in front of him into the slow lane to get behind me with plenty of noticeable red lights glowing. I immediately pulled over and the truck and Mark continued on down the road. When I stopped the idle seemed to be stuck., I did not have my foot on the gas but the engine was revving The officer directed me to turn the car off and I explained that there was something wrong and I tapped the gas peddle with my foot and the car started to idle normal (slower) and then I proceeded to turn the ignition off.
The officer asked for my Drivers License and my proof of insurance. He asked if I was test driving the car and I explained that I had just purchased the car and did not have proof of insurance for the vehicle but I did give him: my CA drivers license, the signed pink slip, and a Farmers Insurance card from another vehicle that I own that I found in my wallet. I asked why he pulled me over and he stated that he clocked me on his radar at 80+ mph. I explained to him that I didn’t know how fast I was traveling and did not intend to speed. I also explained that the speedometer was not working and I apologized. I explained that I was trying to go with the flow of traffic and he replied in sort of a “tone of disbelief” that I was approaching the truck in front of me at a rapid pace. He asked if I was taking the car home and I replied, “Yes”. I thought he would be understanding and hoped that I would receive a warning and maybe a few “fix it” citations but that was not the case. He didn’t give me any “fix-it” citations for the speedometer the missing license plate (that was lying on the floor inside.) or the sticking throttle, but he did give me a ticket that stated he estimated my speed at 86 mph VC #22349(a). Wow, 86mph sounds reckless and I honestly thought I was driving safely and it felt like I was driving slow… maybe 60mph. I asked the officer if I would have to drive all the way back to the area where I received the citation to appear and he replied, “Yes, if you are going to fight it”. I asked if it the court would consider the broken Speedometer issue and he replied, “Maybe, but your speedometer is supposed to be working”. The officer told me to continue my drive home going with the flow and instructed me not to pass anyone. He also asked if I knew why the car was idling so fast when he pulled me over and I explained, once again, that I just purchased the car and that I had no idea what was wrong with it. He told me to drive safe, complimented: “that’s a nice car”, and told me to be careful when re-entering the traffic lane.
My friend, Mark, had exited at the next off ramp and was waiting for me. We continued our trip home for the next 2 ½ hours. He ended up leading the way and then going ahead as I was driving very slowly because I was nervous that I might speed. Later on that evening Mark told me that he thought he was going faster than I was when we came around the bend where the CHP cruiser was parked. He told me that he was getting closer to me as we approached the semi truck. He stated that he looked at the speedometer when he saw the CHP and it read 72mph. He told me that he though I was picked out because of the type of car and color (1969 “bright” Orange). He also commented that, “the CHP cruiser cut him off to get to me”.
That night after getting home I looked under the car and found the Speedometer cable disconnected and I took a picture of it. (I believe I am going to have to purchase a longer cable or an additional part as the transmission is not the original.) I also took a picture of the Speedometer/Odometer which has the same reading as the pink slip since it is not working.
I also discovered some problems with the “throttle cable” (damaged and located improperly) which I believe is causing the throttle to “stick open” this is probably why the motor was revving when I was pulled over. On top of these issues there is no emergency brake cable or assemble for that matter along with a number of other mechanical issues. (I have a lot of work to do.)
Now the question is can I dispute this citation or is this tough luck for driving a car on the road that does not have a functioning speedometer? I don’t really know how fast I was going. What if his radar picked up my friend rather than me, is that possible? Is it possible that radar can pick up an incorrect speed? All I have to determine my speed is the radar at 86mph and my friends claim that he was traveling faster than me at 72 mph.
I do believe I am guilty for driving this car home with all these problems and I should have had it towed. I’m just wondering if a judge will consider the situation related to the speeding violation. Can anyone (CHP officer, Lawyer, Experienced citizen, etc…) give me some advice….Is there a way to at least a way to have this case heard in my area? I work full time and take a night class, my wife works full time and goes to school at night, my kids are in summer school and the ticket was issued in Sutter county Ca.
Thanks
