Speeding ticket, question re. received response to discovery request

[eydaimon]

What is the name of your state? California

Hi,

I was caught speeding 1am on a saturday morning. My speedometer was not working, and I had an appointment to have it fixed the coming monday.

I received a response to my request for informal discovery and have a copy of the officers notes.

The notes have fields for various things. one is date calib. which is filled in, but it doesn't say what's calibrated.

Another field is for a radar id# which was left blank.


Question: Is the calibration date for the radar gun? No where do the notes say one was used. If it is for the gun, and it was used, does he not need to state its id?

Distance observed: 1+mile
Distance CHP VEH Behind: 200'

Lane of CHP VEH: 4
Lane of DEF VEH: 1

Question: If a radar was not used, how does he gauge my speed from a different lane from my own?

Can I use this as a defence?

There is anoher field:

ACT VEH which has the numbers 53 64 74 84 94 99 filled in. What are those numbers?

 

[CdwJava]

The notes could refer to the vehicle's speedometer calibration as opposed to the radar ... though virtually all CHP vehicles are equipped with radar.

However, at 200', if you were both in traffic with intervening vehicles, he would have to rely on visual estimation as opposed to a radar hit. And he could have done a pace even if he had radar. Having it doesn't mean it has to be used.

Yes, you can be paced from a different lane - it's easy. And if he paced you for a mile or more, that's a pretty good pace distance ... it's not looking too good.

And I don't know what those numbers at the bottom might refer to.

One last thing - since you admit that your speedometer was not working, you won't be able to argue WHAT speed you were going. I doubt you're going to be able to mount much of a defense here. But, you can try ... though I don't see a valid defense here.

- Carl

 

[RetiredMotor]

Re: ACT VEH

What CVC section was used for violation and what speed did he say you were doing?