Speeding in California

[qadave]

I was pulled over for doing 72 in a 55 outside of Drytown, calif. The CHP officer was going the other direction and got me with radar. I was very polite and did not provide any incrimminating information to the officer. The fine is 258.00 and if I take traffic school that at least 100 bucks more. What are my chances for fighting this and if I lose do I still have the right to go to traffic school. Can I request the officers notes on the stop? Here are a couple of items I was working on:

1. The officer is a no show (Preferred)
2. Can I say there was a car passing me on the outside lane if this is not stated on the ticket thus throwing off the radar.
3. Request the records for the radar showing when it was last serviced.
4. If I lose, can I still request traffic school.

Thanks for any and all help.

[cdwjava]

What are my chances for fighting this and if I lose do I still have the right to go to traffic school.

Most CA courts remove or greatly limit the option of traffic school if you go to trial.

Can I request the officers notes on the stop?

Sure. You simply make the appropriate discovery request.

1. The officer is a no show (Preferred)

Not too likely - especially if the citing officer was CHP or a traffic officer.

2. Can I say there was a car passing me on the outside lane if this is not stated on the ticket thus throwing off the radar.

You can SAY whatever you want. If this is not true, then you will have committed a more serious criminal act - perjury. It's also likely the officer will remember that.

Also, keep in mind, that radar trained officers in CA are trained in visual estimation followed by confirmation with radar. So, the officer will also likely testify that he made a visual estimation of your speed +/- 2 MPH from the radar speed.

3. Request the records for the radar showing when it was last serviced.

Also part of discovery ... same with the tuning fork.

4. If I lose, can I still request traffic school.

You can request it, but the court is under no obligation to permit it.


- Carl

[chuckycheese]

I'd be interested in knowing how many people have ever been charged with perjury in traffic court. I bet the number would be incredibly low and almost impossible to prove in most instances.

I'm afraid you'll be out of luck if you plead innocent, are found guilty and request traffic school. Some courts will allow it (they do in my county) but you're in Amador county...and they state that option won't be available on their website (real nice folks!!).