Pulled Over Without Radar While Driving 60 in a 65. Cited for 80

[ksonguyen]

My question involves traffic court in the State of: California

Hello everyone.

I am trying to fight a speeding ticket that was cited without radar and was hoping to seek help from the experts. I was merging from the i-405 south to the i-5 south in the carpool lane around 8 AM in the morning, and the regular lanes were quite congested. After merging onto the i-5 and traveling about more than half a mile down, I discovered that the carpool lane was shut down ahead of me due to lane repairs.

Because I saw this, I slowed down and tried to move over a lane. I was aware that my speed was at most 55 mph. After crossing into the regular lane, I was pulled over by a CHP officer and then moved my vehicle to the side. CHP Officer stated that I was speeding at "approximately" 80 mph back at the i-405/i-5 merger, and that I was "going so fast that he could not catch me."

How is this possible? I know FOR SURE I was not traveling at 80, especially with my Asian mom who checks my speedometer every 10 seconds and freaks if I am even 5 miles over the speed limit. To my knowledge, even if the CHP has all the proper train to pace, doesn't he need to pace you for a given distance before he can evaluate your speed? He clearly wasn't at a close distance from me because the regular, or unrestricted lanes, were going 10 miles at most. Also, he was nowhere behind me in the carpool lane.

What are your guys' thoughts? This is my first ticket ever.of:

[That Guy]

I was merging from the i-405 south to the i-5 south in the carpool lane around 8 AM in the morning, and the regular lanes were quite congested. After merging onto the i-5 and traveling about more than half a mile down, I discovered that the carpool lane was shut down ahead of me due to lane repairs.

Because I saw this, I slowed down and tried to move over a lane. I was aware that my speed was at most 55 mph. After crossing into the regular lane, I was pulled over by a CHP officer and then moved my vehicle to the side. CHP Officer stated that I was speeding at "approximately" 80 mph back at the i-405/i-5 merger, and that I was "going so fast that he could not catch me."

Did he say he paced you?

What did he write in comments on the citation? Or as the description of the violation? What did he write in the "Radar/LASER/Patrol Vehicle No" box?

And if this is what he told you:

CHP Officer stated that I was speeding at "approximately" 80 mph back at the i-405/i-5 merger, and that I was "going so fast that he could not catch me."

... and if that is the point where he estimated your speed at 80 and that is what he cited you for, then, none of this is relevant:

After merging onto the i-5 and traveling about more than half a mile down, I discovered that the carpool lane was shut down ahead of me due to lane repairs.

Because I saw this, I slowed down and tried to move over a lane. I was aware that my speed was at most 55 mph. After crossing into the regular lane, I was pulled over by a CHP officer and then moved my vehicle to the side.

However, it is convioluted enough that I simply am not clear on what happened.... so ...

After merging onto the i-5 and traveling about more than half a mile down, I discovered that the carpool lane was shut down ahead of me due to lane repairs.

Because I saw this, I slowed down and tried to move over a lane. I was aware that my speed was at most 55 mph.

So you slowed down TO 55mph or you were at 55mph and slowed down further?

To my knowledge, even if the CHP has all the proper train to pace, doesn't he need to pace you for a given distance before he can evaluate your speed?

You brought back an old memeory... I ask the officer: "So when you paced me, which lane were you in and how close would you estimate you were from me?"

Judge jumps in and answers "He doesn't have to be on your bumper to pace you"... Its actually a much longer story.

But I will tell you that he only needs to match your speed for enough time to look down at his speedometer, and get a reading... If he can do that while driving at a speed that is reasonably close to yours, he's got a good estimate. Remember, his claim is that hew had you at 80.. So if you were at 83, 84, 77... 80 is close enough. but more importantly, it is ways away from 65 so as far as guilt, as long ashe can prove you exceeded 65 by a good amount, he can easily make his case.

He clearly wasn't at a close distance from me because the regular, or unrestricted lanes, were going 10 miles at most.

So how close was he?

Also, he was nowhere behind me in the carpool lane.

He could be to the side of you and pace you, or two car lengths behind and one lane away... etc. In fact, pacing you from your blind spot is a favorite of theirs... That way and once they establish a speed, they can merge and ride your bumper and use the element of surprise to get you all flustered.