22348 (b) speeding 100 + can i win california

[colincrow]

state california

Hello all

I was recently cited with a 22348 (b) speeding ticket in a 65 mph zone. The officer used a radar gun that had me clocked at 112 mph. It was on the 210 e bound freeway which is a 4 lane highway 4 lanes going each way.

I hade to wave my right to a speedy trial because i thought the bail was going to be 500 but it was 1800 and i could not pay it at the arraignment.

My trial is in 3 days. I did not submit a discovery request, all the information on the ticket is correct ,name,location,address.

I did however issue a duces tecum subpena and obtained records of the officer radar training,his daily log and calibration log.

His daily log and calibration log of the day the ticket was issued contradict each other . In the calibration log it states he calibrated his radar gun at 13:00 hrs but his daily log states he was conductiong a accident investigation from 12:45 to 13:30 hrs. That was the only time that day he calibrated his radar gun. however his gun does have a self calibration test with out tuning forks.

Will this discredit him or help in the defense ?

Also his radar training records show test results. In which his visual estimate to actual speeed of the tested vehicle was wrong 13 out of 15 times . Once he was off by 5 mph where the vehicle was going 53 and he estimated 48.

Will this help the defense ?

How should i argue these points? and will it be enough to win ?

Should i testify to my atcual speed of 88 ?

Do i have any chance of winning ?

Anyone's help is much appreciated
What is the name of your state? california

 

[garrula lingua]

I've never seen anyone win a trial for 100+ (I've seen about fifty trials which came into the criminal court for a Judge, not Commissioner to hear).

Maybe you'll be the first.

PS: most Judges suspend driving privileges for 30 days, along with the 1800 fine.

 

[MikeKV]

Just giving you a heads up. I'm not trying to scare you, only trying to make you think of what options you have. If you plead not guilty to a speeding ticket and lose in court you stand the chance that the judge will increase the fine(s) and penalties. I've sat in on traffic court (during 2 of my no-fault accident decisions) and seen it happen. If you attempt to discredit an officer and lose in court it can have drastic and negative affects on the judges decision against you. The judge could take away your driving privledges for a year or more if he/she wanted and increase the fine(s).

If you know, honestly, that you were going 100+ I would recommend pleading guilty and paying the, better chance, lesser fine and penalty and moving on. It looks much better in court when you accept your fault. You may even be able to ask for a lesser decision (exceeding the speed of 80+ for example) and then accept your fines(s) and penalties.

Just giving you a heads up with what you could be setting yourself up for. If you are honestly not guilty than go for it.

Keep us updated on the results.