22350 in California - Pulled Over by Other Officer

**peconic21** · 08-17-2009, 06:45 PM

I have read most of the 22350 posts and have done extensive research. But, I haven't seen anyone ask this question:

I was pulled over by a motorcycle officer (Officer A) and told that his "partner" (Officer B) clocked me via laser doing 68 in a 45. Is it legal for Officer A, who didn't clock me or witness me speeding, to be directed to pull me over by Officer B who never interacted with me and who didn't write my citation. My speeding was not confirmed by the motorcycle cop's radar. Moreover, as I was cited for 22350 and no 22350 conditions were broken (sunny day, no traffic, straight state highway, no pedestrians, et al) is the lasering even relevant?

**Mr. Knowitall** · 08-21-2009, 08:23 AM

Yes, officers can work in tandem.

You were going 68 in a 45? What's your argument that going 23 over is a reasonable or prudent speed?

**sniper** · 08-21-2009, 08:39 AM

It's good for you in a way since two officers were involved, both have to show up to court, or both have to respond to a TBWD. Your odds of one not showing up increases. One has to establish your speed along with the supporting evidence (Radar, training, checking the units calibration / accuracy) and the other officer has to establish your identity (the one who stopped you).

Just like a plane officer seeing someone speeding and having an officer on the ground write a ticket.

**EWYLTJ** · 08-22-2009, 07:56 AM

Quoting Mr. Knowitall

Yes, officers can work in tandem.

You were going 68 in a 45? What's your argument that going 23 over is a reasonable or prudent speed?

The OP doesn't have to show that 23 over was reasonable or prudent. He enjoys a presumption of innocence (unless he is in communist China!) The cop has to prove that he was 23mph over and he does have several good defenses. First, see Sniper's post. Excellent point! Second, get a copy of the speed survey. I'd be willing to bet that the limit is not justified. Speed trap defenses work very well.