Speeding, CVC 22349(a)

[alibabba]

My question involves a speeding ticket from the State of: California
Got a speeding ticket in Merced county, 80 in 65 zone. I saw parked chp officer center of Highway 99, and I passed him traveling speed limit. A pod of cars passed officer and we all merged. The officer subsequently caught up to my car, singled me out, and pulled me over for speeding. He told me that he clocked me at 1200 feet going 80; I do have option for trial by declaration.

Question 1: I passed officer traveling speed limit, and a subsequent pod of cars traveling speed limit passed officer; could I argue that I was not speeding when I passed officer and the ticket is invalid?
Question 2: I requested to review lidar gun report, but officer did not comply; could I argue that the citation was invalid for officer not revealing proof of infraction?

[cdwjava]

Question 1: I passed officer traveling speed limit, and a subsequent pod of cars traveling speed limit passed officer; could I argue that I was not speeding when I passed officer and the ticket is invalid?

You can argue anything you feel will cast reasonable doubt on the situation. However, the lidar can be used at quite a range so your speed when you PASSED the officer is not likely relevant.

Question 2: I requested to review lidar gun report, but officer did not comply; could I argue that the citation was invalid for officer not revealing proof of infraction?

You can argue it, but you'd lose, There is no law that requires or even encourages an officer to let you see his lidar or radar gun.

You can always attempt to argue technical issues and that the lidar has not received judicial notice, but that can be a crap shoot.

- Carl