Page 1 of 2 12 LastLast
Results 1 to 10 of 12
  1. #1

    Unhappy Speeding Ticket, Tagged by an Aircraft

    My question involves a traffic ticket from the state of: California

    Hello every one!

    So I got a ticket for doing 80 in a 65 (highway 50 going east near hazel) I was driving and a biker cop came flying up with his light, pulls me over. All he says is for my drivers lic and insurance ect. After that he asked if my speedometer was correct. I said "to my knowledge" He then said a aircraft had been following me for several miles and I was driving over the speed limit. Thats it and he handed me the ticket. ticket says 80 in a 65. The ticket has both officers on it and 22349 (a) vc under it -aircraft-

    I have to fight this tomorrow and just found this sight. From what ive been reading I understand that both officers have to be present and that since it was an aircraft there are ways to fight it. Could any one offer me any advice on what to do? any links on what to read ect. Is this a speed trap since the biker never taged me?

    Thanks for your time!

  2. #2
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,276

    Default Re: 80 in a 65 Us50 East. Tagged by Aircraft. Any Advice

    Not a speed trap (you expect the pilot to parachute out to give you a ticket?) .. both do have to be there. You did not do discovery I guess so you'll be flying by the seat of your pants.

    I would learn what you can about air-traffic enforcement , maybe google scholar. They must use some devices to measure your speed (distance / time)...so object to any measurement w/o the calibration certificates & object to their introduction under Mass. v Melenez-Diaz (SCOTUS) & Kahlad (CA SC) .. find the cases and print them out so you have the case citations in case the judge wants them.

    Thats all I can help you with. Be prepared for the biker cop to say that he estimated your speed by eye ... a good cross can defeat this testimony.

    And ask for the court to entertain a motion for acquittal after the state rests...your testimony will mean little to the judge, being an interested party.

    Search this forum for information in respect to air to vehicle measurements. Good luck.

  3. #3
    Join Date
    Aug 2011
    Location
    South-Central Cali
    Posts
    1,276

    Default Re: 80 in a 65 Us50 East. Tagged by Aircraft. Any Advice

    Easiest way is if one or both of the officers don't show. To show it was a speed trap, you have to get the aircraft officer to testify (or upon cross-examination) that he "timed" you across a "measured" section of road. They've long wised up to that and will usually testify that they estimated your speed by matching their air speed with your ground speed. Unless you can somehow show there was a 15+ mph headwind, that testimony will stand.

  4. #4

    Unhappy Re: 80 in a 65 Us50 East. Tagged by Aircraft. Any Advice

    Quote Quoting quirkyquark
    View Post
    Easiest way is if one or both of the officers don't show. To show it was a speed trap, you have to get the aircraft officer to testify (or upon cross-examination) that he "timed" you across a "measured" section of road. They've long wised up to that and will usually testify that they estimated your speed by matching their air speed with your ground speed. Unless you can somehow show there was a 15+ mph headwind, that testimony will stand.
    Just got back from court. The arresting officer did not show and the judge said my options where to plead guilty or get a continuation. I went with the continuation and might have screwed my self because he said something about waiving the time I did not here him over some ppl coming into the court talking :| and me being nervous because ive never had to deal with this just said ya sure. well any way I have a few weeks before I have to go back. So hopefully one or both dont show so I can get it dismissed but im still going to review some cvc codes ect to see what I can do.

    edit Also im not sure if this matters with the 45 day w/e I just member hearing about some 45 days since the ticket was issued but as of today going to court it was over 45 days. I got the ticket on 8/16/11 and today is 10/3/11 could i have possibly used this to my advantage?

  5. #5
    Join Date
    Apr 2009
    Location
    SF Bay Area
    Posts
    626

    Default Re: 80 in a 65 Us50 East. Tagged by Aircraft. Any Advice

    Unfortunately, the judge failed to mention the right thing to do - you should have motioned to dismiss for failure to prosecute or ask the judge to issue a warrant out for the absent officer's head (just for laughs), not agree to a continuance. Unlike the cops who get paid extra just to show up, defendants often go through considerable expense to show up on time.

  6. #6

    Default Re: 80 in a 65 Us50 East. Tagged by Aircraft. Any Advice

    See I thought that it was supposed to be dismissed in this case but I didnt know I would have to bring it to the judges attention. Is there any way I can bring this up to my advantage on the next date? respectively to the judge of course lol

  7. #7
    Join Date
    Apr 2009
    Location
    SF Bay Area
    Posts
    626

    Default Re: 80 in a 65 Us50 East. Tagged by Aircraft. Any Advice

    That's how it goes the majority of the time. Unfortunately, you got unlucky and drew a judge more interested in making money for the state than following the law.

    You can bring it up again, but brobably only if the officer(s) again fails to show up. The time to object and move for dismissal was at the last appearance. All courts have rules as to the timeframe a legit request for continuance must be filed AND served to other parties (usually at least 2-5 business days before the court date) along with showing of good cause as to why continuance should be granted. That way, other parties can be notified no to make the trip just to be told to either plead guilty or go home until next time.

    If your trial date is far enough away, you could go ahead and file a motion to dismiss for failure to prosecute, but it's a long shot at best (since the motion calendar may be backlogged for months and you probably forfeited your rights when you filed to lodge a timely objection).

  8. #8
    Join Date
    Aug 2011
    Location
    South-Central Cali
    Posts
    1,276

    Default Re: 80 in a 65 Us50 East. Tagged by Aircraft. Any Advice

    Quote Quoting gunslinger88
    View Post
    edit Also im not sure if this matters with the 45 day w/e I just member hearing about some 45 days since the ticket was issued but as of today going to court it was over 45 days. I got the ticket on 8/16/11 and today is 10/3/11 could i have possibly used this to my advantage?
    No, in California 45 days starts from arraignment (when you plead). A fair judge will dismiss if you haven't been properly served (given advance notice) of the continuance. Not much you can do but hope to get a second chance.

  9. #9

    Default Re: Speeding Ticket, Tagged by an Aircraft

    Thanks every one for you advice. Ill keep looking into a few things maybe try to put together a couple ideas for a defense and pray one of the officers doesn't show up lol.

  10. #10
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,276

    Default Re: Speeding Ticket, Tagged by an Aircraft

    Take advantage of this lull and do discovery.

    Quote Quoting quirkyquark
    View Post
    They've long wised up to that and will usually testify that they estimated your speed by matching their air speed with your ground speed. Unless you can somehow show there was a 15+ mph headwind, that testimony will stand.
    If one is 1000 ft above, then the angle from the pilot to the vehicle is going to be the largest error ... there is a zero possibility that the pilot kept this angle constant enough to avoid gross errors. A good cross can defeat any eyeball speed estimate, even by aircraft.

    1. Sponsored Links
       

Page 1 of 2 12 LastLast

Similar Threads

  1. Speeding Tickets: Speeding Ticket by Aircraft Washinton State Thurston County
    By MSW in forum Moving Violations and Traffic Tickets
    Replies: 1
    Last Post: 12-16-2010, 11:16 PM
  2. Speeding Tickets: Aircraft Speeding Ticket in Washington
    By dpinevt in forum Moving Violations and Traffic Tickets
    Replies: 1
    Last Post: 07-22-2010, 12:44 PM
  3. Speeding Tickets: Washington Speeding Ticket Via Aircraft - Out of State Driver
    By salinity in forum Moving Violations and Traffic Tickets
    Replies: 9
    Last Post: 05-26-2010, 11:11 AM
  4. Speeding Tickets: Speeding Ticket With Speed Measured by Aircraft in Washington State
    By rparmar89 in forum Moving Violations and Traffic Tickets
    Replies: 6
    Last Post: 03-10-2010, 11:05 AM
  5. Speeding Tickets: Aircraft Speeding Ticket
    By Speeder1 in forum Moving Violations and Traffic Tickets
    Replies: 3
    Last Post: 09-07-2009, 01:52 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Find A Lawyer - Free, confidential referrals.
Legal Forms - Buy easy-to-use legal forms.




Untitled Document