Re: Speeding Ticket, CHP Did Not Pace, or Use Radar/LIDAR, VC 22350
How do you know he was pacing him? Maybe he was trying to get to you for your alleged speed/illegal lane change/weaving?
So you saw a CHiPper -somewhere- behind you, and yet you continued at 80 in 55?
So he had a choice to pull over:
One speeding driver (the BMW), or
Another speeding driver who had allegedly committed an illegal lane change and failure to maintain his/her lane.
Understand that a officer is not obligated to pull over every speeding vehicle. If/when he is faced with the decision to pull someone over, he/she will pull over the fastest vehicle, the vehicle "setting the pace"/"in the lead", or the vehicle that catches his attention because of other violations (illegal lane change/weaving... etc). Based in your rendition of the events, you happened to meet (at minimum) two out of those three criteria.
Your cruise control argument isn't likely to work. But you're free to try it.
Interesting... You know I was tempted to ask you a leading question: how did you know that the BMW was a 325 (considering that he never passed you) and a "325 badge" is on the back of a BMW?
Now that you mentioned the make/model of your car, I'm thinking maybe I was onto something...
Well, you seem determined to fight it... Try all of the above and test your luck! (Just keep in mind that not every court offers the 2nd offender traffic school, and in those that do, not every judge is sympathetic enough, especially with 80 in 55). But you've got nothing to lose by asking!!!
How does that relate to the circumstances here when the officer (and in addition to the "visual estimate"), will likely testify to a "pace", and a couple of lane violations?
Even if the judge were to allow you the opportunity to turn this into a science presentation, I don't think that'll work out for you but maybe you'll get a chance to test that out in your trial... Let us know how it works out!
I am right 97% of the time... Who cares about the other 4%!