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  1. #1

    Default Speeding, 84 in a 50 mph Zone, VC 22350

    My question involves a traffic ticket from the state of: CA, Fullerton City (harbor blvd/Brea blvd)

    I searched other threads about CVC 22350, but it seems that the other stories are different than mine. Basically I received a ticket, with the cop claiming me to be going around 84mph using his radar. This occurred on a major street, 3 lanes per direction, non-residential, no schools, or community parks that I know of, no center divider, with very light traffic (most of the cars behind me). I received the ticket in the morning, with dry pavement, no mist or overcast weather, and I could easily see more than a mile distance ahead. The road is a directly flat straight away, starting with a light downhill. The stop light I stopped at before I was pulled over was 0.7 miles behind me, and the next stop light would be another 0.25 miles in front of me. I BELIEVE the max speed I was going was about 70mph. I strongly feel that I did not pose a threat to anyone in the surrounding area. The motorcycle cop was sitting in a driveway entrance near a tree.

    Do I have a case if I acquire a Discovery? And somehow prove that there was no one around for me to potentially harm? Before finding this site I was just planning to plead guilty and ask for a possible reduced sentence or traffic school, but the fact that the cop "clocked" me 34mph over probably wont give the judge much sympathy for my situation. Thanks for any help you can give me, I've definitely learned from this situation, and another that I've gotten into, and am definitely more careful with how I drive.

    - - - Updated - - -

    Additional: I guess requesting an ETS might help aid me rather than a discovery? I'm trying to research as much as I can. I believe I can acquire the ETS at the Fullerton engineering department which is literally next to my office. I'm not sure if I can just go there in person to request the survey.

    I also realize that the claimed 84mph (34mph over the speed limit is) a serious issue, which is why I figured my issue is much different than others on here. I'm in dire need of some help. I received two tickets in two months, so needless to say I've learned to stay easy on the accelerator.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,024

    Default Re: Speeding, 84 in a 50 mph Zone, VC 22350

    You "believe" you were only going 20 MPH over the limit, but also are stating that you may have been going 87 MPH?

    I'm not expecting that you'll escape this one through traffic survey issues, but there don't appear to be many avenues for attack.

  3. #3
    Join Date
    Jun 2012
    Posts
    173

    Default Re: Speeding, 84 in a 50 mph Zone, VC 22350

    I agree, I haven't heard traffic surveys ever doing much in getting people out of tickets. In your case, if you can't prove that the radar gun was malfunctioning or that you weren't actually speeding, I'd concentrate my efforts more on either pleading with the court for a fine reduction or going to traffic school to keep the ticket from affecting insurance rates (whichever is more important to you).

  4. #4
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    7,738

    Default Re: Speeding, 84 in a 50 mph Zone, VC 22350

    Quote Quoting STATcom
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    I agree, I haven't heard traffic surveys ever doing much in getting people out of tickets. In your case, if you can't prove that the radar gun was malfunctioning or that you weren't actually speeding, I'd concentrate my efforts more on either pleading with the court for a fine reduction or going to traffic school to keep the ticket from affecting insurance rates (whichever is more important to you).
    OP was cited for exceeding the limit by 34mph?
    So how do you prove the Radar gun was malfunctioning?
    And do you seriously believe that an "I wasn't speeding" claim would fly?

    Similarly, and because he was cited for 34mph over the limit, he does not qualify for traffic school...

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    Quote Quoting labtwotwenty
    View Post
    I BELIEVE the max speed I was going was about 70mph. I strongly feel that I did not pose a threat to anyone in the surrounding area. The motorcycle cop was sitting in a driveway entrance near a tree.
    There's not going to be much benefit from a discussion about the accuracy of the speed measurement, and the 84mph will likely stick in spite of your claim of only 70, and with that it becomes impossible for you to even come close to convincing anyone that you did not endanger anyone or any property... Even if the Cop was hanging from a light pole, there is no prohibition on him doing so.

    You can obtain an E&T survey and until we see it, I wouldn't hold much hope for any relief on this one. I'll say the same thing I said in your other 22349 thread, you'll have to read up a few of the threads in 22350, not that it will help you much on this one, but so that you can understand that there is very little you can do when you stick your self so deep into the guilty territory like you did here!
    I am right 97% of the time... Who cares about the other 4%!

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