LucidObscurity
Junior Member
California
I received a speeding ticket for violating VC 22348(B) "Exceeding 100 mph". The ticket states my speed at 105 mph and the rader section was left blank (also my Valentine 1 was silent). Due to the circumstances the officer would not have been able to pace me affectively and while I was in his view I was definatelly traveling less than 100 mph. I wrote down my recollection of the incident shortly afterward while it was fresh in my memory. I plan to fight the ticket starting with a trial by declaration. I'm hoping someone here will give me some experienced advice as to my best defence approach.
Thanks in advance for your help.
Here's what I wrote down shortly after the incident. These are just my notes and do not reflect what I will submit to court.
I Was driving in the left lane southbound on the 57 Freeway just before the ??? overpass.
I accellerated in order to safely merge right as my exit (???) was approaching.
I continued accellerating and merging right one lane at a time.
Once I passed under the overpass I noticed a CHP office on a newer style motorcycle coming down the on ramp with his lights on.
my estimated speed was in the 90's as I began braking lightly and signaling right. I know this because I glanced down at the speedometer as I was braking and the
needle was slowly moving down in the mid/high 80's region. Based on the gradual rate at which I was decellerating and the amount of time between my
beginning to decellerate and my glancing at my speedometer the maximum speed I reached was somewhere in the mid 90's.
I'm not sure if the officer was stationary on the overpass and observed the begining of my merge from the left lane and then proceeded to enter the freeway
or if he happened to be entering the freeway and observed my passing under the overpass.
I pulled over onto the shoulder about 1/4 mile before my exit (???)
I engaged my parking brake, turned off my engine, rolled down the windows and turned off the radio.
the officer parked on the right side of my vehicle towards the rear.
I then placed my hands on the top of steering wheel while the officer approached.
The officer asked "What's your deal?".
I explained that I was merging right and accelerating instead of braking seemed the more fluid approach, but that I probably should have chosen the pedel on the left instead.
The officer asked "Do you know how fast you were going?"
I stated that I had not been paying attention to my speedometer at the time.
The officer sounded surprised or upset that I was unable to tell him how fast I was going when he asked "You really didn't see how fast you were going?"
He then asked "How fast do you think you were going?"; to which I replied "I'm not exactly sure, maybe somewhere around 85 perhaps."
I knew this to be a low estimate, but since I did not know for sure and had to estimate I chose the lower end of my estimation.
The officer seemed to also feel this was a low estimate since he commented sarcastically "Eighty five huh?, you passed a white car in the right lane like it was standing still."
Sensing his frustration I stated "I don't mean to be cute, but I'm not exactly sure how fast I was going but it was somewhere around that speed; perhaps a bit more."
He then stated that this "white car was doing about 85 when I passed it". I knew this to be false since I had just merged from the left (fast) lane of the freeway where
the fastest traffic was travelling no more than 75 with most of the traffic traveling slower than that. This freeway at this time of day typically travels no faster than 70 with few exceptions.
I did not argue with the officer or comment; however this leads me to believe that he was overestimating the general speed of traffic and thus
must also have overestimated my speed since based on his statements he was estimating my speed in relation to other vehicles on the freeway.
Also since the officer saw me while accellerating onto the freeway via an elevated onramp and at the time I had my foot off the accelerator thus decelerating it would be difficult if not impossible to
accuratelly estimate my speed by "pacing"
The officer then asked for my license, registration and insurance. I promptly produced the requested documents.
The officer noticed that all the addresses on the documents were Corona addresses. I told him that I had just recently purchased a house in Wildomar.
The officer wrote up most of the ticket and then came back to my window and asked me for my new address.
The officer handed me the ticket to sign and stated "You were going way too fast." I stated "I'm not going to argue with you" and he stated "Well, you could have"
I signed the ticket and was given back my documents. After receiving my copy of the ticket I noticed that he had written "exceeding 100 mph" as the vehicle code violation.
I knew the stated violation was incorrect and decided that although I never have before, I would have to fight the ticket.
I received a speeding ticket for violating VC 22348(B) "Exceeding 100 mph". The ticket states my speed at 105 mph and the rader section was left blank (also my Valentine 1 was silent). Due to the circumstances the officer would not have been able to pace me affectively and while I was in his view I was definatelly traveling less than 100 mph. I wrote down my recollection of the incident shortly afterward while it was fresh in my memory. I plan to fight the ticket starting with a trial by declaration. I'm hoping someone here will give me some experienced advice as to my best defence approach.
Thanks in advance for your help.
Here's what I wrote down shortly after the incident. These are just my notes and do not reflect what I will submit to court.
I Was driving in the left lane southbound on the 57 Freeway just before the ??? overpass.
I accellerated in order to safely merge right as my exit (???) was approaching.
I continued accellerating and merging right one lane at a time.
Once I passed under the overpass I noticed a CHP office on a newer style motorcycle coming down the on ramp with his lights on.
my estimated speed was in the 90's as I began braking lightly and signaling right. I know this because I glanced down at the speedometer as I was braking and the
needle was slowly moving down in the mid/high 80's region. Based on the gradual rate at which I was decellerating and the amount of time between my
beginning to decellerate and my glancing at my speedometer the maximum speed I reached was somewhere in the mid 90's.
I'm not sure if the officer was stationary on the overpass and observed the begining of my merge from the left lane and then proceeded to enter the freeway
or if he happened to be entering the freeway and observed my passing under the overpass.
I pulled over onto the shoulder about 1/4 mile before my exit (???)
I engaged my parking brake, turned off my engine, rolled down the windows and turned off the radio.
the officer parked on the right side of my vehicle towards the rear.
I then placed my hands on the top of steering wheel while the officer approached.
The officer asked "What's your deal?".
I explained that I was merging right and accelerating instead of braking seemed the more fluid approach, but that I probably should have chosen the pedel on the left instead.
The officer asked "Do you know how fast you were going?"
I stated that I had not been paying attention to my speedometer at the time.
The officer sounded surprised or upset that I was unable to tell him how fast I was going when he asked "You really didn't see how fast you were going?"
He then asked "How fast do you think you were going?"; to which I replied "I'm not exactly sure, maybe somewhere around 85 perhaps."
I knew this to be a low estimate, but since I did not know for sure and had to estimate I chose the lower end of my estimation.
The officer seemed to also feel this was a low estimate since he commented sarcastically "Eighty five huh?, you passed a white car in the right lane like it was standing still."
Sensing his frustration I stated "I don't mean to be cute, but I'm not exactly sure how fast I was going but it was somewhere around that speed; perhaps a bit more."
He then stated that this "white car was doing about 85 when I passed it". I knew this to be false since I had just merged from the left (fast) lane of the freeway where
the fastest traffic was travelling no more than 75 with most of the traffic traveling slower than that. This freeway at this time of day typically travels no faster than 70 with few exceptions.
I did not argue with the officer or comment; however this leads me to believe that he was overestimating the general speed of traffic and thus
must also have overestimated my speed since based on his statements he was estimating my speed in relation to other vehicles on the freeway.
Also since the officer saw me while accellerating onto the freeway via an elevated onramp and at the time I had my foot off the accelerator thus decelerating it would be difficult if not impossible to
accuratelly estimate my speed by "pacing"
The officer then asked for my license, registration and insurance. I promptly produced the requested documents.
The officer noticed that all the addresses on the documents were Corona addresses. I told him that I had just recently purchased a house in Wildomar.
The officer wrote up most of the ticket and then came back to my window and asked me for my new address.
The officer handed me the ticket to sign and stated "You were going way too fast." I stated "I'm not going to argue with you" and he stated "Well, you could have"
I signed the ticket and was given back my documents. After receiving my copy of the ticket I noticed that he had written "exceeding 100 mph" as the vehicle code violation.
I knew the stated violation was incorrect and decided that although I never have before, I would have to fight the ticket.