My question involves a speeding ticket from the State of: California
Violation: VC22349(a) Speed Approx 80+, Max Spd 55, Safe 55
Location: The violation took place at approximately 7:45AM traveling southbound on the 710 freeway between Rosecrans to J/NO Alondra. (Approximately a 1 mile distance from exit to exit)
Background: While driving home on Saturday morning September 4th I proceeded to merge onto the 710 southbound at Imperial Hwy (One exit north bound of Rosecrans). Traffic was lite and moving in the 70 to 75mph range. I merge over to the #1 lane and match speed going 75 myself. After passing the Rosecrans exit I saw a police car in rear view mirror pretty far behind possibly 1/4 mile, I let off the gas and assume he is coming up quickly to pass and find excessive speeders. I noticed he was in the #4 lane as he got closer, merged over 3 lanes behind me and flashed the lights. By this time we are passing the Alondra exit and I proceed to merge over. I take the 91 freeway west bound and exit the first off ramp where I pull over to the side (I should have pulled totally off but figured this was safer than being on the side of the major part of the freeway). The usual, he asks why I was speeding and I told him I didn't think I was. He states I was going 86mph and I told him I'm pretty sure I wasn't driving that fast. He says the speed limit on this freeway is 55 and is posted everywhere. He asks where I work and I tell him I work nights as a RN. He then tells me I'll try to get you on you way as fast as possible so you can get some sleep. Fifteen minutes later he comes back to me to tell me my license is expired by 28 days and your car is going to be towed. I start freaking out, mostly concerned with 'what am I supposed to do', 'cant you let someone pick up my car.' He says I need to call someone to pick me up, so I start to dial and 1 minute into conversation a tow truck pulls up. He then starts to tell me to hurry up because the tow company is going to charge me extra for their time. Before I am asked to walk down the off ramp to safety I asked the officer if I can see the radar gun and he tells me No because he paced my speed.
FYI: the only violation on the ticket is speeding
I've already taken care of DL renewal and impound fees and now am fully focused on getting this speeding ticket dismissed. One critical piece of information is right after Rosecrans posted speeds sign states "End of 55 Limit" and another sign 100meters down the road has a 65mph speed limit and no other posted speed signs until after Alondra state the 55mph limit again. I have a nice little video of this with my iphone driving down the freeway but need to go back with a camera and take pictures.
I've done some researching on this site and found good information about requesting discovery, speed calibration logs, officer training with equipment, freeway speed surveys, Trial by Written Declaration but would like to see what other approaches I can take. I've read that I would have to wait till after a TBWD to ask for discovery, but then seen people use discovery evidence in there TBWD. How do I go about getting this information on time if there is not yet a court case? My initial appearance is set for 11/4/2010. Can I request a police report/statement from CHP already? Do I send requests to the DA or CHP? And how do I prove these requests were sent?
It would be nice to find calibration records were old or the officer lacks experience (he looked young) or didn't have proper/up to date training. Seems that if an officer is pacing they can over estimate, write it on a ticket and that is taken as 100% true unless he is discredited with not up to date training or calibration logs. I find it very frustrating.
Any and all help is welcomed. Thanks in advance, Jake