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First Speeding Ticket, No Radar, and Three Witnesses. Should I Fight It

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  • 06-30-2011, 10:59 PM
    michaelo
    First Speeding Ticket, No Radar, and Three Witnesses. Should I Fight It
    My question involves a speeding ticket from the State of: CA
    I got my first speeding ticket this week for doing 67 in a 55 zone, and I am absolutely certain I was not going above 60. It was one of those roads with the radar-equipped light-up signs with the speed limits posted everywhere at uncomfortably slow speeds, so I knew it would be heavily patrolled. I had one eye on the road, one on my speed, and one on my read view mirror. I was behind another car, crawling at the speed limit, when I noticed the CHP behind me. He followed me for about seven minutes before pulling me over. He said I had been going 67. I did not question him, but did not confirm. I asked if he had gotten me on radar and he said "I've been following you for a while." I still don't know where he thinks he clocked me. My fiance and her parents were in the car with me, all flabbergasted. They are willing to give written testimony on my behalf on how annoyingly slow I was driving. Do I have a good chance of contesting this? I fear that my only defense is "he's lying," which may not fly.
  • 07-01-2011, 12:36 AM
    That Guy
    Re: First Speeding Ticket, No Radar, and Three Witnesses. Should I Fight It
    Quote:

    Quoting michaelo
    View Post
    My question involves a speeding ticket from the State of: CA
    I got my first speeding ticket this week for doing 67 in a 55 zone, and I am absolutely certain I was not going above 60. It was one of those roads with the radar-equipped light-up signs with the speed limits posted everywhere at uncomfortably slow speeds, so I knew it would be heavily patrolled. I had one eye on the road, one on my speed, and one on my read view mirror. I was behind another car, crawling at the speed limit, when I noticed the CHP behind me. He followed me for about seven minutes before pulling me over. He said I had been going 67. I did not question him, but did not confirm. I asked if he had gotten me on radar and he said "I've been following you for a while." I still don't know where he thinks he clocked me. My fiance and her parents were in the car with me, all flabbergasted. They are willing to give written testimony on my behalf on how annoyingly slow I was driving.

    You ever hear of a "pace", where the officer follows you (for any distance from a couple of hundred feet to as many miles as he chooses to follow you for), matches your speed by keeping the same distance away from you, checks his speedometer and can then establish what speed you're driving at?

    Its very effective, very common and very believable in court!

    Quote:

    Quoting michaelo
    View Post
    They are willing to give written testimony on my behalf on how annoyingly slow I was driving.

    Unless they can testify that they were all watching your speedometer, then their testimony about "annoyingly slow" isn't likely to rise to a level that will overcome the officer's pace estimate. And that is assuming your speedometer is accurate enuough to display an accurate speed, whereas the officer's (especially with the CHP) is periodically calibrated.

    Quote:

    Quoting michaelo
    View Post
    Do I have a good chance of contesting this?

    Sure, you can contest it, but your chances of winning on merit are extremely slim.

    Quote:

    Quoting michaelo
    View Post
    I fear that my only defense is "he's lying," which may not fly.

    You're right, it won't fly and personally, I wouldn't dare try it!
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