Re: Should You Go to Court for Speeding, VC 22349(A)
Not sure I understand your story but I'll try... If the officer was in the process of pulling over another driver...
... 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?
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!
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.
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).
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!
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%!