Re: Paced at 76 MPH in a 70 MPH Zone
1) We already know that uphill, downhill, sideways, straight up or on a diagonal, the speed limit applies to any and all circumstances;
2) I am not sure why this is of ANY value or what it means:
Actually, it sounds to me like you did more than that...
I assume you saw him getting on the freeway --<THIS is where you slam on your brakes>-;
Then you passed him...
Then you kinda sorta brake checked him...
Then you saw he was still on you and you continued at a higher speed...
His blood was boiling at that point.
Actually, no... When you get on the freeway, you are supposed to be at freeway speed. This is "Driver's Ed -101"... In rush hour traffic, for example, you're fignhtin g your way trying to merge in... etc, and you're crawling at the same or similar speed like everyone around you. Alternatively, when traffic is not backed up, theoretically everyone is supposed to be at or close to the speed limit, and you need to match your speed accordingly as you start to merge in (this is why freeway on-ramps are designed the way they are as opposed to a normal intersection where you're expected to start from a stop and reach 65mph or 70mph).
So it would be safe to assume he was at 70, not as his attempt to do so in a lawful manner, but simply to gauge and see who's speeding and who is not. And you on that contest.
So that is in Fresno County...
... And that is in Santa Clara County...
... which is in Riverside County...
And if your question it in regards to a change of venue, then no... Those do not and cannot be made between two different counties. If you got cited in Fresno, you could request that the citation be filed and your case heard in Fresno County's county seat which is the city of Fresno, but that is assuming that the City of Fresno is closer to where you reside or work than is the superior court where it would otherwise be filed if you did not make the request. More often than not, those requests get rejected simply because it is a logistic nightmare for the court to actually effect the transfer.
Not only did you get caught with your hand in the cookie jar, but your hand was stuck and you could not get it out...
And with this being a citation in violation of VC 22356 which states:
(a) Whenever the Department of Transportation, after consultation with the Department of the California Highway Patrol, determines upon the basis of an engineering and traffic survey on existing highway segments, or upon the basis of appropriate design standards and projected traffic volumes in the case of newly constructed highway segments, that a speed greater than 65 miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon any state highway, or portion thereof, that is otherwise subject to a maximum speed limit of 65 miles per hour, the Department of Transportation, with the approval of the department of the California Highway Patrol, may declare a higher maximum speed of 70 miles per hour for vehicles not subject to Section 22406, and shall cause appropriate signs to be erected giving notice thereof. The Department of Transportation shall only make a determination under this section that is fully consistent with, and in full compliance with, federal law.
(b) No person shall drive a vehicle upon that highway at a speed greater than 70 miles per hour, as posted.
(c) This section shall become operative on the date specified in subdivision (c) of Section 22366.
... and the underlined sentence there makes you guilty pretty quickly, in spite the cheesiness of a 6mph over the limit citation.
Sorry, nothing there that will mitigate your situation any...
I am right 97% of the time... Who cares about the other 4%!