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  1. #1
    Join Date
    Jul 2011
    Posts
    2

    Default California 22349 B Strategy: Dismissal or Fine Reduction

    My question involves a speeding ticket from the State of: CA
    On Hwy 41 on one of the notorious stretches where it goes down to a two-lane road (so the speed limit drops to 55), I was in traffic going 50 mph. I had a truck behind me and 2 cars in front. When I finally had a chance to pass (straight road, dotted line, clear visibility, no oncoming traffic) I signalled and pulled out and accelerated.
    Immediately, there was a CHP in my rear view mirror, so I decelerated and pulled back in.
    He turned on his lights, caught up with me and pulled me over. He said he clocked me speeding from "way back". My citation was written up with the radar reading 71 mph.
    I have no idea how that is even possible.
    I have never had a ticket before. I had two passengers who were just as mind-boggled as I was. (We were all traveling on State business together to save money!)

    The price for tickets is a two-layered structure; one fee for 1-15 mph over the limit and even more for 16+ over. Interesting that 71 is Exactly 16 mph over the 55 mph limit.

    Should I just pay up and do traffic school? Try to get this reduced because I might have been going over 55? Try to get this dismissed entirely - how accurate can the radar be if he was behind a truck behind me and how did he get 71?

    Just looking for a plan as a first-timer.
    Thanks.

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    7,719

    Default Re: California 22349 B Strategy: Dismissal or Fine Reduction

    Quote Quoting slolady
    View Post
    Try to get this reduced because I might have been going over 55?
    If you and traffic around you were going 50, then it is highly unlikely that you could have completed the pass without exceeding the 55 limit without staying in the opposite lanes for a long time.

    Quote Quoting slolady
    View Post
    how accurate can the radar be if he was behind a truck behind me
    If you went into the opposite lanes as you began to pass, and if you saw him by looking in your rear view mirror, then not only could he see you too by looking straight ahead, but you were also in the path of the radar beam; it only takes a fraction of a second to return a reading.

    Radar is accurate enough to where if he testifies to 71 in 55, then you'll be convicted of 71 in 55. You may still get a fine reduction at that time but your better chance of a reduction, would be by pleading guilty at the arraignment (your first court appearance).

    Quote Quoting slolady
    View Post
    and how did he get 71?
    Highly doubtful he made it up!
    I am right 97% of the time... Who cares about the other 4%!

  3. #3
    Join Date
    Jul 2011
    Posts
    2

    Default Re: California 22349 B Strategy: Dismissal or Fine Reduction

    Just want to add some probably non-pertinent details.

    The incident was about 100 miles from home, so traveling to court will be an event.

    The officer said I would receive more information in the mail in about 2 weeks. It is now 2 months and I just got a change of venue from Hanford to Avenal (not much better for me). So busy I hadn't noticed time flying by.

    There was no bail posted on the citation. I had to call the court to even find out what it was.

    Poor state worker trying to do the right thing.

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