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wrongfully ticketed by mistaken identity

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Zmuzic

Junior Member
What is the name of your state? California

Sorry it is kind of long.

Last night I was pulled over by a CHP. Was sited for 75 in a 65 when in fact I was only doing 57 max. I have to say up fornt I have no problem admitting to a speeding infration and will pay whatever fines go along with a traffic violation, as long as I am the one who made the infraction not when I did nothing at all.

I have a radar detector a Valentine 1. I was warned by the detector that there was radar being used and I was doing 50-55 at the time. I proceeded through an intersection where the speed limit is 50 and just after I saw the CHP go by. He continues for approx. 1/8 of a mile then I see his brake lights go on and it looked like he turned around. He could have had time to turn at the intersection if I was the one who caught his attention.

I have tinted windows and no front plate on the car and have been ticketed for both so I am concered whenever I go by law inforcement and always pay attention to my speed around them.

I was traveling with a group of cars one in front one behind. all three of us passed a semi I merged into the right lane (two lanes both directions with a center median) because I was going to turn right at the next intersection.

A black camaro (1993-1998 style) with black wheels went flying by me doing about 70-85 and accelerating and merging through traffic. I was watching my mirrors so I saw the car coming at a higher rate of speed than I was traveling. I actually moved to the right of my lane towards the shoulder to let the car pass safely and the car was merging in and out of traffic and took off.

Traffic from behind was closing on me as they were probably doing closer to the speed limit. I turn right then get pulled over.

Right after the CHP took my info back to his car another Camaro 1967-1969 went by also black. I have a black 2007 Corvette Z06. I never told the CHP I had my radar detector on and new he was there and so I was careful to not be speeding.

His first statement to me was "Runs Real Good" I said excuse me????? Runs real good and stated I was doing 75. I told him he pulled over the wrong car and that a camaro went flying by me, minutes later said there was another car involved. He also insisted I was pulling on him. Which he obviously caught up to me.

I really want to fight this ticket because he simply pulled over the wrong car and I had nothing to do with the situation and it is the principle that he was mistaken.

What are my odds here? I have no hard proof except I could go take pictures of the area and explain what happened and my situation was.

Pretty steamed right now:mad:
 
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Silverplum

Senior Member
What is the name of your state? California

Sorry it is kind of long.

Last night I was pulled over by a CHP. Was sited for 75 in a 65 when in fact I was only doing 57 max. I have to say up fornt I have no problem admitting to a speeding infration and will pay whatever fines go along with a traffic violation, as long as I am the one who made the infraction not when I did nothing at all.

I have a radar detector a Valentine 1. I was warned by the detector that there was radar being used and I was doing 50-55 at the time. I proceeded through an intersection where the speed limit is 50 and just after I saw the CHP go by. He continues for approx. 1/8 of a mile then I see his brake lights go on and it looked like he turned around. He could have had time to turn at the intersection if I was the one who caught his attention.

I have tinted windows and no front plate on the car and have been ticketed for both so I am concered whenever I go by law inforcement and always pay attention to my speed around them.

I was traveling with a group of cars one in front one behind. all three of us passed a semi I merged into the right lane (two lanes both directions with a center median) because I was going to turn right at the next intersection.

A black camaro (1993-1998 style) with black wheels went flying by me doing about 70-85 and accelerating and merging through traffic. I was watching my mirrors so I saw the car coming at a higher rate of speed than I was traveling. I actually moved to the right of my lane towards the shoulder to let the car pass safely and the car was merging in and out of traffic and took off.

Traffic from behind was closing on me as they were probably doing closer to the speed limit. I turn right then get pulled over.

Right after the CHP took my info back to his car another Camaro 1967-1969 went by also black. I have a black 2007 Corvette Z06. I never told the CHP I had my radar detector on and new he was there and so I was careful to not be speeding.

His first statement to me was "Runs Real Good" I said excuse me????? Runs real good and stated I was doing 75. I told him he pulled over the wrong car and that a camaro went flying by me, minutes later said there was another car involved. He also insisted I was pulling on him. Which he obviously caught up to me.

I really want to fight this ticket because he simply pulled over the wrong car and I had nothing to do with the situation and it is the principle that he was mistaken.

What are my odds here? I have no hard proof except I could go take pictures of the area and explain what happened and my situation was.

Pretty steamed right now:mad:
No chance at all, IMO.
 

Zigner

Senior Member, Non-Attorney
Oh, I don't know...I suppose he could attempt to prove that a 1993 camaro and a 2007 Z06 'Vette LOOK THE SAME.

:rolleyes::rolleyes:
 

Jamaal

Junior Member
That sounds similar to what happened to me. Funny thing how often this happens but the police officers are too stubborn to admit they may have possibly made a mistake.

The judge unfortunately found me guilty. You may have better luck than me if you go to court and can create some doubt that the officer was able to keep track of the speeding vehicle.

He had 45 days to make a decision and somehow made his decision on day 45. I think he didnt give me proper consideration when reviewing my case.

I have a trip planner that even shows my max speed. It would be nice if I could have done a print out and used it for evidence. Unfortunately it isnt that sophisticated and it probably wouldnt be quality evidence since the data can be tampered.

Look at this locked thread for some good advice from cdwjava and Hey there.
https://forum.freeadvice.com/showthread.php?t=407313
 
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Zigner

Senior Member, Non-Attorney
Look at this locked thread for some good advice from cdwjava and Hey there.
As I recall, I gave you valid information too - you just didn't like what I had to say.
Amazingly enough, my advice would be the same to this guy.
 

CdwJava

Senior Member
Last night I was pulled over by a CHP. Was sited for 75 in a 65 when in fact I was only doing 57 max.
Why were you traveling at a speed that could also get you stopped for impeding traffic?

I have tinted windows and no front plate on the car and have been ticketed for both so I am concered whenever I go by law inforcement and always pay attention to my speed around them.
And how come you have not fixed these violations? You do realize that failure to correct can get you charged with a more serious offense and can get your car towed, right?

I really want to fight this ticket because he simply pulled over the wrong car and I had nothing to do with the situation and it is the principle that he was mistaken.
You can certainly make that argument at trial. You might be able to get the officer to admit on cross examination that he lost sight of you or that there was another car that looked similar to yours in the area. Whether you will be able to get him to admit to the possibility that another car could have been involved or not is questionable, but, possible.

- Carl
 

Zmuzic

Junior Member
Why were you traveling at a speed that could also get you stopped for impeding traffic?


And how come you have not fixed these violations? You do realize that failure to correct can get you charged with a more serious offense and can get your car towed, right?


You can certainly make that argument at trial. You might be able to get the officer to admit on cross examination that he lost sight of you or that there was another car that looked similar to yours in the area. Whether you will be able to get him to admit to the possibility that another car could have been involved or not is questionable, but, possible.

- Carl
Actually I went back to the highway and have taken pictures the MAX speed is 55.

So in fact under MAX speed he put 65 when it is 55 under safe speed there is no value given. My violation is 22349(a) VC Exceeding 65 mph maximum speed limit.

Also under Veh Lic No./VIN there is just a letter G. My license plate number nor my VIN is there.

Yes my car has both of those violations. I took care of the fines for the ticket I received. Yes I should drill holes in my the front fascia of my car and mount my plate and pull the tint ( I have a light tint and you can see through the tint). If I get pulled over again for those violations or speeding for that matter I don't have problem admitting guilt and dealing with the consequences though this is a very different situation. I feel both are somewhat bogus laws (tint and no front plate) but I am not here to argue and I won't argue that. My original statement was to convey my alertness of the patrol car and that there would be no way I would have went over the limit to the degree I am being accused of.

Look at it this way I could have possibly have had my car impounded and went to jail for something I had nothing to do with. I am sure that the 4th gen Camaro went triple digits because it's apparent to me now he was running from the CHP. Now turn the scenario into he estimated my speed at 95,100,110+ and you see my concern with his inaccuracy.
 
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