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  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
    Aug 2011
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    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.

  3. #3

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

    Quote Quoting quirkyquark
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    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?

  4. #4
    Join Date
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    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.

  5. #5

    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

  6. #6
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    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).

  7. #7
    Join Date
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    Default Re: 80 in a 65 Us50 East. Tagged by Aircraft. Any Advice

    Quote Quoting gunslinger88
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    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.

  8. #8

    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.

  9. #9
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    Default Re: 80 in a 65 Us50 East. Tagged by Aircraft. Any Advice

    Quote Quoting HonkingAntelope
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    The time to object and move for dismissal was at the last appearance.
    And failure to do so somehow makes it the judge's failure? (your first post)
    And it makes the judge more interested in making money for the state than following the law? (Which law is it that dictates that a judge has to hand the defendant a dismissal if a witness does not show up? And shame on him for not handing away the rights of the people of the state of California on the account of this one defendant!

    Quote Quoting HonkingAntelope
    View Post
    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).
    You're leaving out the fact that the defendant already waived time... Meaning he's agreed to the delay... And to return to court to request that his case be scheduled on the motion calendar (for traffic court?? Really???) so he can argue a motion to dismiss for lack of prosecution will not succeed, not by a long shot. When you waive time, you also waive the right to argue against a time delay.

    Realistically, he can go back to court, withdraw his waiver, and the court will have to schedule his trial within the next 10 days, but since he's not likely to get to appear before the court anytime between now and his trial date, his withdrawing his waiver and requesting a trial date within the next 10 days would be a moot point to try and make on his trial date!

    If the officer doesn't show up then, sure, go through the steps to do that, or better yet, simply say "this is the second continuance and I move for a dismissal" and you'll likely get one regardless of how "money hungry" that judge might be!

    I'd take a wild guess and say one of them won't show up again, and if so, its a matter of going through the steps leading to a freebie!
    I am right 97% of the time... Who cares about the other 4%!

  10. #10

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

    Quote Quoting That Guy
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    If the officer doesn't show up then, sure, go through the steps to do that, or better yet, simply say "this is the second continuance and I move for a dismissal" and you'll likely get one regardless of how "money hungry" that judge might be!

    I'd take a wild guess and say one of them won't show up again, and if so, its a matter of going through the steps leading to a freebie!
    Hey thanks for that tip man I really appreciate it. Maybe ill get to keep my perfect drivers record after all

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