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Speeding...do i have anything incriminating on video to help me get off?

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imnotdavid

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

So I was on a main road 3-4 lanes wide and going 55 mph. I had just turned on to the road and had apparently already missed one 45mph speed limit sign before passing a motorcycle officer. As I passed i checked my speed and assumed i was safe at 55. Right after I passed him a saw the 2nd 45mph sign and slowed appropriately, right before the motorcycle officer, who had pulled out behind me, signaled to pull over.

After pulling over I immediately began video taping (I've had a cop lie in court before and decided to video tape every stop from then on).

I explained that i didn't see a speed limit sign until after I passed him. He assured me there was one, and I told him that i believed him, but i simply did not see it...but i explained that i saw the sign right past him and slowed to 45. I also reminded him there were no other vehicles around me and I was making no willful attempt to exceed the speed limit. He said that he "works this route all the time" and that there is no speed limit sign between where he saw me and where he pulled me over. There is, obviously.

So my question is...if there are two signs between where I pulled onto the road and where i was pulled over...and the officer missed one even though he PROFESSIONALLY works that street...isn't is reasonable that i missed the first one and should be given at least some sort of break if not get off entirely?

I'm going to court anyway, because he was rude and called me a liar about that sign. I figure he'll lie about what he said and i'll make him look like a jerk when i pull out my video. That's worth my couple hundred. But i'm still curious what people think - if i have some sort of case.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? CA

So I was on a main road 3-4 lanes wide and going 55 mph. I had just turned on to the road and had apparently already missed one 45mph speed limit sign before passing a motorcycle officer. As I passed i checked my speed and assumed i was safe at 55. Right after I passed him a saw the 2nd 45mph sign and slowed appropriately, right before the motorcycle officer, who had pulled out behind me, signaled to pull over.

After pulling over I immediately began video taping (I've had a cop lie in court before and decided to video tape every stop from then on).

I explained that i didn't see a speed limit sign until after I passed him. He assured me there was one, and I told him that i believed him, but i simply did not see it...but i explained that i saw the sign right past him and slowed to 45. I also reminded him there were no other vehicles around me and I was making no willful attempt to exceed the speed limit. He said that he "works this route all the time" and that there is no speed limit sign between where he saw me and where he pulled me over. There is, obviously.

So my question is...if there are two signs between where I pulled onto the road and where i was pulled over...and the officer missed one even though he PROFESSIONALLY works that street...isn't is reasonable that i missed the first one and should be given at least some sort of break if not get off entirely?

I'm going to court anyway, because he was rude and called me a liar about that sign. I figure he'll lie about what he said and i'll make him look like a jerk when i pull out my video. That's worth my couple hundred. But i'm still curious what people think - if i have some sort of case.
Ok, he was mistaken. Does that mean you WEREN'T speeding? no, I think not :rolleyes:


ETA: That "incriminating" video is a recording of your confession. Do you really want to show that in court? :rolleyes:
 

CdwJava

Senior Member
What were you cited for? If VC 22350 then you have a couple of different options including looking into the possibility of an incorrect survey, or even an argument that the speed was not "unsafe" given the conditions.

On the other hand, if you want to be sure to minimize your liability, you might consider traffic school.

And, do you get stopped so often that it even occurs to you as an automatic response to video record the officer?
 

sandyclaus

Senior Member
Did you happen to get the officer's permission to tape your conversation? Because CA is an all-party state, it requires consent by ALL parties to a conversation in order to permit video taping it with sound.

If you didn't obtain the proper consent, you could find yourself facing CRIMINAL charges. Violation of this law is punishable under Cal. Penal Code §§ 631, 632. A first offense of electronic eavesdropping is punishable by a fine of up to $2,500 and up to one year of jail. Recording and disclosure of footage carries a separate penalty. Under Cal. Penal Code § 637.2(a), any victim of these violations can recover punitive civil damages of up to three times the amount of actual damages.
 

tranquility

Senior Member
I would not worry about recording a police officer in uniform while he is performing his official functions. In CA, there has not been a conviction under wiretapping statutes.
 

imnotdavid

Junior Member
Thanks, tranquility

Sandyclaus, the code you mentioned refers to settings wherein there is a reasonable expectation of privacy and specifically excludes areas defined as "public" such as the public road where I was pulled over. For example any random passerby could have seen and heard the stop, and so there was no reasonable expectation that the conversation was private. But thank you for looking out for me, for sure.
 

CdwJava

Senior Member
Did you happen to get the officer's permission to tape your conversation? Because CA is an all-party state, it requires consent by ALL parties to a conversation in order to permit video taping it with sound.
As there is no expectation of privacy, and no law enforcement agency in CA seems to be interested in trying to push that particular envelope (not to mention all of our legal eagles are telling us to assume you are being recorded), I wouldn't worry about taping a police contact in CA.
 

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