Re: Should You Go to Court for Speeding, VC 22349(A)

Quoting
Isa
My question involves a traffic ticket from the state of: California
I got pulled over today and the officer claimed I was going 78 when it was a 65mph zone. However the officer had just got done pulling over someone else and was merging onto my lane so I was going slower and then he went slower and went behind me and pulled me over claiming I was going 78 . On the ticket he circled lidar unit , but the other cop was issuing another ticket . The officer who pulled me over never asked for proof of insurance or registration and put on the ticket I had farmers insurance. Basically I'm wondering if I stand a chance in court . Any feed back would be great . Obviously when you see two cops pulled over in the side you wouldn't be going almost 80mph & he would have been having to go the same speed to catch me I believe.
Anyways thank you and any feedback would be appreciated .
Not sure I understand your story but I'll try... If the officer was in the process of pulling over another driver...

Quoting
Isa
However the officer had just got done pulling over someone else and was merging onto my lane so I was going slower and then he went slower and went behind me and pulled me over claiming I was going 78
... then (1) he would be driving and as such couldn't operate Lidar on the move, and (2) he isn't likely to leave one and go chase after another. Now, if you mean he was finished with that one driver then you really don't know how long before you came along he was finished or what he was doing. So I'm not sure how relevant that was.
Then you mention another officer and I'm not clear on where he was, where he came from, if he was in a different car or the same car as the officer who cited you... So what role does he play in your story?

Quoting
Isa
The officer who pulled me over never asked for proof of insurance or registration and put on the ticket I had farmers insurance.
Asking for registration and/or insurance or both is not a requirement. The officer can check if your registration is valid either through his on board computer or through dispatch... And it is highly likely that they are now capable of checking whether you carry a valid policy or not through records with the DMV. A good sign would be if you tell us whether you are in fact insured by Farmers or not!
Either way, him not asking is not going to get you out of your speeding citation!

Quoting
Isa
Basically I'm wondering if I stand a chance in court .
A chance to refute the officer's speed estimate of 78mph, no... Not really!
Your only slight slim chance (slight and slim gets even more so if this is a CHP issued citation) is if you request a TBD and the officer doesn't submit his or if you opt for trial and he fails to appear (although there are instances where the court might reschedule the trial to a later date). But to simply win by going to court and being able to argue your way out of the citation... Not a chance!
So if you have the time, contesting it may be worth it but keep in mind that you may not get the traffic school option (assuming you are now eligible) once you elect to go TBD or trial.

Quoting
Isa
Obviously when you see two cops pulled over in the side you wouldn't be going almost 80mph
Well, there are those who might believe the officer is busy citing someone else, he isn't going to come after me only to find out he's done and ready to pounce on the next one!Or that he was faking being busy, and you're going to be his next victim! (See True Story below).

Quoting
Isa
he would have been having to go the same speed to catch me I believe.
Actually, if you had already passed him, he would have to go faster than you to catch up!
It maybe possible that as he tagged you at 78, he happened to see another driver possibly going faster, tagged him at a higher speed, both you and the other driver passed him... He merged into traffic, was attempting to catch the other guy but either lost sight or figured he's not likely to catch up soon, and well, what do you know, you were right there, so he slowed down, got behind you and the day is not so lost anymore! Highly speculative and I wasn't there so its all made up, but if it did happen, it is totally legitimate!
True Story
Rolling through a construction zone a few nights ago, approaching the cone zone where typically, an officer is there, lightbar on. just as an added warning to make sure everybody behaves... Some guy (doubtfull he was oblivious to the CHiPPer being there, who would miss him), comes through at what appeared to be 85mph... Probably thinking "he's on assignmrent and isn't going to go after anyone"... Think again... Suddenly my Radar detector goes FULL BLAST ka band, and CHiPper guy is now in pursuit... It wasn't too long after CHiPper merged in with traffic, the guy (had to have been watching through his rear view) pulled over and waited!
I am right 97% of the time... Who cares about the other 4%!
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