Getting Out of What Seems to Be a Speed Trap
I am from Nevada and was traveling to the Bay area on the weekend when Hot august nights ended.
There was a lot of traffic coming down the mountain, cars around me and so on. I am cruising along the right lane when all of the sudden I see a CHP patrol car on an overpass pointing a radar/lidar gun towards me.
I check my speed and I am going a little over 75, but the car next to me was going faster.
Sure enough I get pulled over...but the way I got pulled over makes it seem like a speed trap.
The patrol car is on the overpass, and as soon as I pass the onramp the patrol SUV pulls in and pulls me back out. He told me I was tagged 1,500 feet before the overpass.
Now I think this is a speed trap, because officer X tagged me, but officer Y gave me the ticket. He wrote me for speeding, wrote the vcv number but I forget the actual number, and under gun/radar section he wrote a number.
Any thoughts on how to fight it? I am from Nevada and this happened in California by a CHP.I feel it was a speed trap because 5 other cars were pulled over within minutes of me.
Thanks
Re: Getting Out of What Seems to Be a Speed Trap
I'm sure you were written for 22349(a) VC. Nevada might have a different definition of "Speed trap" but That is not a speed trap per the definition here in CA. You simply were stopped for speeding as well as several other vehicles at the same time. That sounds more like they are doing their job.
Search 22349(a) VC for a defense.
Re: Getting Out of What Seems to Be a Speed Trap
Nevada doesn't have the concept. Speed Trap as a legal concept is pretty isolated to California, but as stated it doesn't mean "a place being used for intensive speed enforcement" but rather "electronic speed enforcement on certain classes of road that the posted speed isn't supported by an engineering survey."
Re: Getting Out of What Seems to Be a Speed Trap
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flyingron
"electronic speed enforcement on certain classes of road that the posted speed isn't supported by an engineering survey."
OR using the classic distance-over-time method to calculate speed (e.g. between markers on the road with a stopwatch).
Re: Getting Out of What Seems to Be a Speed Trap
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sppeedygonzo
Now I think this is a speed trap, because officer X tagged me, but officer Y gave me the ticket. He wrote me for speeding, wrote the vcv number but I forget the actual number, and under gun/radar section he wrote a number.
I think that both officers would have to testify .. your argument regarding a speed trap has no merit though ... you going to contest?
Re: Getting Out of What Seems to Be a Speed Trap
Ah I see.
I guess my question is, is it legal for officer x to tag me and officer y to pull me over and write me a ticket?
Officer y did not have a clear shot at me and was at the onramp waiting for me to pass by. What is the information they write down under the radar gun, is that where they write their gun serial number?
Re: Getting Out of What Seems to Be a Speed Trap
Yes, that's legal. In some states, both would have to be present in court. From that far - it may have been the speed of the car next to you. Unfortunately, only one state has set a reasonable distance limit on LIDAR, which is New Jersey, at 1000ft. Not one other state has imposed anything similar in the past 12 years (State vs. Abeskaron, 1999), and they won't, too much money would be lost. Beyond that distance, an expert witness is required.
Read this for better explanation.
http://blog.motorists.org/what-every...ut-laser-guns/
Re: Getting Out of What Seems to Be a Speed Trap
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sppeedygonzo
Ah I see.
I guess my question is, is it legal for officer x to tag me and officer y to pull me over and write me a ticket?
Yes; at trial, however, they would both have to appear and testify.
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sppeedygonzo
What is the information they write down under the radar gun, is that where they write their gun serial number?
Possibly. Please post a redacted image of your ticket to imageshack, and post the link here and we can look into it for you.
Re: Getting Out of What Seems to Be a Speed Trap
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Quoting
lostintime
Yes, that's legal. In some states, both would have to be present in court. From that far - it may have been the speed of the car next to you. Unfortunately, only one state has set a reasonable distance limit on LIDAR, which is New Jersey, at 1000ft. Not one other state has imposed anything similar in the past 12 years
(State vs. Abeskaron, 1999), and they won't, too much money would be lost. Beyond that distance, an expert witness is required.
Read this for better explanation.
http://blog.motorists.org/what-every...ut-laser-guns/
And the 1000'+ limit seems, as I understand by reading the court ruling, to only apply to the LTI Marksman 20-20. Seems easy enough to buy and use a different lidar gun...I could be wrong but thats how I read it.