Speeding Ticket Without Radar Gun

[azeey]

My question involves a speeding ticket from the State of: California

I was driving at 2:00 AM on a road with 45 mph speed limit when I was pulled over by an officer. He claims he eyeballed me going 60 and wrote me up going 55. I was 100% positive I was not going more than 50 and my passenger confirmed that I was not going over the speed limit. Is there any way to fight this ticket? How valid is the officer's speed assessment by eye?

[BrendanjKeegan]

I'm not sure if this is entirely correct, but I do believe that an officer's visual estimate of speed is evidence enough that you were speeding in a California Court. Could be wrong though. I'd wait to see what one of the CA experts say.

What was the code he cited you for?

[That Guy]

I was driving at 2:00 AM on a road with 45 mph speed limit when I was pulled over by an officer. He claims he eyeballed me going 60 and wrote me up going 55. I was 100% positive I was not going more than 50 and my passenger confirmed that I was not going over the speed limit.

So we've got four readings... Officer's estimate of 60, he gave you a break and wrote youup for 55, you say you were going 50 and your friend says you were going 45 (the speed limit).... WHich story do you think the judge is going to buy?

Is there any way to fight this ticket?

What code section were you cited for?

And yes, there are ways to fight it in court... Winning (a dismissal) is another story.

How valid is the officer's speed assessment by eye?

Brendan is absolutely correct. If the officer has been P.O.S.T. trained and certified in the use of RADAR/LASER, then his visual estimate will likely stand.

[bruinPE]

I have worked with a few CHP officers and they indicated a visual estimate can be sufficient. However, they admitted that a visual estimate was usually only adequate for CHP officers with years of experience and who had already established a relationship with the judges. They said visual estimation is not an easy skill to pick up and usually takes years of practice. If some new officer pulled you over, I can see where you can fight it. If it is some 10-year veteran, I think it would likely stand.

[azeey]

It was CVC 22350. There was nobody else on the road at that time and I was also no more than half a mile from my destination. The officer was relatively young too

[cdwjava]

Radar training includes a lot of visual estimation. If the officer is radar trained, he has been trained in visual estimation. An officer of sufficient training, experience, and age can also qualify depending on the court, even without radar training.

Yes, visual estimation can be valid. But, like anything, it is subject to challenge.