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  1. #1
    Join Date
    Mar 2008
    Posts
    1

    Default California Speeding Ticket 22356(b)

    My girlfriend was ticketed driving on a long downhill stretch of the I-15 South near Barstow. First, she made a couple mistakes, namely answering the officer when he asked how fast she thought she was driving (90 MPH) and not asking how he determined her speed. She slowed down after seeing the officer, (who was on the shoulder) so he clearly didn't pace her. She also claims that she was going with the flow of traffic and she was surrounded by numerous other cars, so she doesn't know how he would have zapped her. My main concern is that in the speed field the officer wrote "95+" in a 70 zone but he did not record a specific speed, nor did he tell her how fast he clocked her at. I'm wondering if it's valid that he didn't record a specific speed and if we have any chance of at least getting the speed reduced to under 25 to be eligible for traffic school.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: California Speeding Ticket 22356(b)

    I suspect that by writing 95 on the cite, he prevented her potential fine from tipping into the highest tier. And while she is not eligible for the CLERK to allow her to attend traffic school, when she goes to her arraignment, she can certainly ask if that is an option. Chances are, she will be given the opportunity to do so.

    Now, her admission will be problematic. Going with the flow of traffic is not a defense. And while the officer did not pace her, if she was going as fast as the other traffic, and he zapped that traffic at 95 or higher, then logically, she was going that same speed. Further, officers trained in radar are also trained in visual estimation.

    She may have some chance of a defense, but it will be tough.

    - Carl

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