Re: California 22349 B Strategy: Dismissal or Fine Reduction
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.
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).
Highly doubtful he made it up!
I am right 97% of the time... Who cares about the other 4%!