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  1. #1

    Angry Speeding Ticket with No Radar/LIDAR Detection

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

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

    Long story short, I was pulled over by an officer (no CHP) that said I was traveling approximately 80mph in a 65mph zone but WAS NOT radar/lidar detected. All based on his assumption and his attempts to get to my vehicle. I Tried to move over into a lane to catch my exit but no one would let me in. Saw the officer in the same traffic I was in but was at a distance back. I sped up and aggressively got over and caught the next exit. Reached the exit, sat there trying to determine which way to go because Ive never traveled that way before approxiamtely (30sec-1min) and eventually saw him come up behind me and turn his lights on. I was not speeding. I may have reached 70mph but definitely not 80mph. He has no proof of such allegation.

    Court is July 29th. But need to turn in written trial explanation before then. Doesn't he have to prove "beyond a reasonable doubt" (radar/lidar) that I was indeed going such speed?

    How should I approach this in court on my written statement, verbatim...?


    Thank You for your time and help with this matter...

  2. #2
    Join Date
    Nov 2007
    Location
    Northern California
    Posts
    519

    Default Re: Speeding Ticket with No Radar/LIDAR Detection

    Quote Quoting sewingjunkie247
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    Doesn't he have to prove "beyond a reasonable doubt" (radar/lidar) that I was indeed going such speed?
    No, he can also do so by visual estimation or pacing.

    I was not speeding. I may have reached 70mph but definitely not 80mph.
    What is 70 in a 65 then?

    I Tried to move over into a lane to catch my exit but no one would let me in.
    You have to merge into their lane. If they legally occupy their lane, they don't have to let you in.

  3. #3
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,276

    Default Re: Speeding Ticket with No Radar/LIDAR Detection

    beating a pacing or visual estimate is not impossible .. good cross / bad testimony / good objections can win it

  4. #4

    Default Re: Speeding Ticket with No Radar/LIDAR Detection

    He didn't say that he was doing visual estimation or pacing. Just that he saw, what he believed was me reaching a speed of approximately 80mph. If that's the case he could say that I was doing 100mph. Yes, it was 70mph in a 65mph zone. Guess I shouldn't mention that. Huh?!? Anyway, this is just absurd...

    How do I approach this in court? What should or can I say?

  5. #5
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,175

    Default Re: Speeding Ticket with No Radar/LIDAR Detection

    Quote Quoting sewingjunkie247
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    He didn't say that he was doing visual estimation or pacing.
    Yeah but the problem is, he doesn't have to tell you... While it is true that the citation does have a box where he can indicate the method he used to measure your speed, there is not legal requirement for him to complete that portion. Your deadline/court appearance is, as you say, tomorrow... So there is not time to request discovery and no real chance of you finding out specifically how he obtained your speed. You simply waited too long to do anything about it!

    If this is a court trial, you can question him about that when he's done testifying, or if it is a TBD, then you can request a copy of his declaration AFTER the case is decided and assuming you are found guilty, at which time you can review his declaration if you decide to go to a Trial De Novo.

    Quote Quoting sewingjunkie247
    View Post
    Just that he saw, what he believed was me reaching a speed of approximately 80mph.
    If he is trained and certified in the use of Radar/Laser, he's also been trained to make visual estimates, and that alone can be sufficient to prove his case.

    Quote Quoting sewingjunkie247
    View Post
    If that's the case he could say that I was doing 100mph.
    He surely could have said you were doing 110, making an illegal u-turn and changing lanes without signaling... But he didn't, did he?

    Quote Quoting sewingjunkie247
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    Yes, it was 70mph in a 65mph zone. Guess I shouldn't mention that. Huh?!?
    Probably not... More often than not, you'd be better off by not testifying... I'm not sure if you would have any questions to ask the officer, (like "how he determined your speed"? "how he came up with the 80mph figure"?... etc. Although simply asking any of those questions will not serve to raise any doubt on his testimony... You're dealing with a citation that is extremely difficult to beat... add in the fact that even if he testifies to obtaining your speed by visual estimate, the accepted error rate for that method is approximately +/-5mph... So 80mph -5mph = 75mph which is in excess of 65, and you're still facing a guilty verdict.

    Quote Quoting sewingjunkie247
    View Post
    Anyway, this is just absurd...
    Actually, with all due respect the only thing that's absurd here is you trying to pass on this story... Fact of the matter is, and regardless of which freeway you were on, and while it is likely that some people have been driving at exactly 65, I am sure you can find a few that are at 70 or maybe a little higher. Even with what you may have alluded to as "traffic"...

    So that would suggest that while you are only doing 70, and a few other cars around you were also doing 70... And yet all of a sudden, you look in the read view mirror and see an officer approaching, out of the blue and for no apparent reason whatsoever assumed it was you who was after?
    Why did you try to flee?
    Why did you try to merge into the exit lane before he caught up?
    And why did you stop for 30seconds to a minute trying to figure out which way to go in hopes he would not find you?
    You even stated "I sped up and aggressively got over and caught the next exit"...
    All because you were only doing 70 in 65?

    You maybe selling but I ain't buying!

    Quote Quoting sewingjunkie247
    View Post
    Court is July 29th. But need to turn in written trial explanation before then.
    I'm not sure what you mean... If you have a court date on the 29th, is that your trial or your arraignment (when you appear in court and enter a plea)?

    And as far as the "written trial explanation", if you have a court trial then you're not doing a Trial By Declaration... And if you're doing the Trial By Declaration route, you're not required to appear in court, you can take care of business (request and or submit your declaration) with the clerk.

    Quote Quoting sewingjunkie247
    View Post
    How should I approach this in court on my written statement, verbatim...?
    Seriously, no one here is going to write out a statement for you verbatim... You have very little chance of winning if any... You would be better off paying the fine and taking traffic school, or if you would rather post bail and go to trial in hopes that he would not show up, then that is your other option. Just keep in mind that you may or may not be allowed the traffic school option after the trial!

    Good luck!

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