speeding ticked - misrepresented by officer

[sharpie]

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

I was recently cited by CHP for VC 22349(a). After stopping the officer told me that he clocked me at 80 MPH using a lidar and wrote 80 MPH on the citation. I asked him to show me the lidar lock but he insisted me to sign the notice to appear before he can show me the lidar. I signed the citation and he showed me the lidar that showed the clocked speed of 79 MPH. I asked the officer why he misrepresented the speed, he asked me for my copy of citation and corrected it.

I decided to contest and currently I'm in informal discovery (sent IDR to CHP, court and city attorney).

Questions:

1. Can the officer get by in court for misrepresenting the speed?
2. Do I have to compel discovery if my IDR is ignored or can I file a pretrial motion to exclude testimony after IDR?
3. Any suggestions to improve the case?

Thanks a lot.

Sharpie

 

[OHRoadwarrior]

It is not uncommon for an officer to clock you multiple times, to catch your maximum speed. All you have indicated is that you saw the last speed he clocked. If there is some magic difference between a 79 ticket and an 80 ticket, it is worth bringing up. Otherwise, nothing to see here. Move on.

 

[RedemptionMan]

It is not uncommon for an officer to clock you multiple times, to catch your maximum speed. All you have indicated is that you saw the last speed he clocked. If there is some magic difference between a 79 ticket and an 80 ticket, it is worth bringing up. Otherwise, nothing to see here. Move on.

sometimes the fine increases at 80 mph sometimes they do not.

It will not matter that he wrote 80 on the ticket and then corrected it to 79 mph. If you do not have any tickets on your record then you can get probation or pay a civil penalty.

 

[CdwJava]

1. Can the officer get by in court for misrepresenting the speed?

The speed he locked in does not mean that was the highest speed he had clocked you at.

2. Do I have to compel discovery if my IDR is ignored or can I file a pretrial motion to exclude testimony after IDR?

Generally, the court will seek to compel discovery if your request is not complied with.

3. Any suggestions to improve the case?

the difference between 79 and 80 should make no difference. You will be in the lowest fine band (1-15 over) regardless of which speed you were clocked at.

You might also want to consider whether you are eligible for traffic school. If you are, and you want to keep the point off of your insurance, you might consider pleading guilty or no contest to preserve that right (assuming you are eligible). After any court trial or TBWD traffic school may not be granted TS.

 

[sharpie]

sometimes the fine increases at 80 mph sometimes they do not.

It will not matter that he wrote 80 on the ticket and then corrected it to 79 mph. If you do not have any tickets on your record then you can get probation or pay a civil penalty.

Thanks RedemptionMan, I have no tickets on my record at this time. How can I ask the court to get probation or a civil penalty? Do you have pother case references that may help?

The speed he locked in does not mean that was the highest speed he had clocked you at.


Generally, the court will seek to compel discovery if your request is not complied with.


the difference between 79 and 80 should make no difference. You will be in the lowest fine band (1-15 over) regardless of which speed you were clocked at.

You might also want to consider whether you are eligible for traffic school. If you are, and you want to keep the point off of your insurance, you might consider pleading guilty or no contest to preserve that right (assuming you are eligible). After any court trial or TBWD traffic school may not be granted TS.

Thanks CdwJava, I got the point on the highest speed.

So at the trial date, should I tell the court that my request has not been complied with or shoudl I do that after 15 days of IDR?

I am eligible for school but as I decided to contest, I *may* not get the school *if* I am found guilty. The law doesn't mandate a denial of traffic school if the person is found guilty after trial. Please correct me if I am wrong.

Is there a process where I can see the speed citations given before and after me around the same time and date?



Thanks.

 

[RedemptionMan]

Thanks RedemptionMan, I have no tickets on my record at this time. How can I ask the court to get probation or a civil penalty? Do you have pother case references that may help?

CA is like another country but if I was you then I would try and call the court clerk and ask them once they get the ticket, probably in a week or two, if you could get a diversion program to keep it off your record. Almost all states will allow you do a defense driving class or even plea civil penalty and pay a flat fine to keep it off your record. Ultimately all they care about is the revenue generated and not really you.

That is what I would do, good luck.

 

[OHRoadwarrior]

Traffic school is at the judges discretion. If you waste the courts time with a not guilty trial or TBWD the judge may refuse traffic school diversion.

 

[CdwJava]

So at the trial date, should I tell the court that my request has not been complied with or shoudl I do that after 15 days of IDR?

That depends ... what form did you use to request discovery? What did you request? To whom did you request this discovery? Was there any response at all?

When you go to court, you can inform the court that discovery was not complied with and show whatever proof you have of this. The judge may then order the officer to return with the items requested within a specific time frame ... though that might mean you having to wait another couple of months for a trial.

I am eligible for school but as I decided to contest, I *may* not get the school *if* I am found guilty. The law doesn't mandate a denial of traffic school if the person is found guilty after trial. Please correct me if I am wrong.

Correct. The law does not mandate denial of traffic school, but it IS common practice in many county courts to deny TS if you lose a contested hearing.

Is there a process where I can see the speed citations given before and after me around the same time and date?

You can try to request that info via discovery, but, that might take some time and they may well deny that request if it is a record they do not keep. And, if a large agency,m you'd best be VERY specific as to the location, date, and time of the information you are seeking, and just what you want. Speed estimates? Code sections? What?

 

[sharpie]

That depends ... what form did you use to request discovery? What did you request? To whom did you request this discovery? Was there any response at all?

When you go to court, you can inform the court that discovery was not complied with and show whatever proof you have of this. The judge may then order the officer to return with the items requested within a specific time frame ... though that might mean you having to wait another couple of months for a trial.

Thanks. I requested the officers notes, any traffic survey for the region and lidar model and it's instruction manual.
I requested this from CHP office (local to the area).
No response in 14 days.

Thanks once again.

 

[CdwJava]

Thanks. I requested the officers notes, any traffic survey for the region and lidar model and it's instruction manual.
I requested this from CHP office (local to the area).
No response in 14 days.

Thanks once again.

Technically, the CHP office is not legally obligated to respond to your discovery request - especially if it was little more than a note asking for the above mentioned items. This is why the court typically orders discovery before dismissing for lack of discovery or not allowing related testimony.

 

[sharpie]

Technically, the CHP office is not legally obligated to respond to your discovery request - especially if it was little more than a note asking for the above mentioned items. This is why the court typically orders discovery before dismissing for lack of discovery or not allowing related testimony.

Thanks for clarifying that.

Should I wait till the trial date and ask court to compel discovery before trial begins?

Thanks.