ExpertLaw.com Forums

Can Having a Witness in Your Car Help You Beat a Speeding Ticket

Printable View

  • 08-09-2012, 04:25 PM
    MidwestLostNDaWest
    Can Having a Witness in Your Car Help You Beat a Speeding Ticket
    My question involves a traffic ticket from the state of: California.

    I was traveling to a job interview with my girlfriend in her car. I mention that we were in her car because it has a Virginia license plate.

    We were traveling North on the I-405 from Newport Beach to Culver City. The ticket lists 10 AM as the time I was issued the ticket. Anyone who has driven on the 405 in the morning knows that it can get quite crowded. We entered the HOV lane to pass the slower traffic on the highway's main lanes. While I was in the HOV I sped up to get to pace with other cars in the lane. I stopped my speed at 74 because I have had speeding tickets in my past and didn't want to pay for another. While cruise control was set to 75 I was passed ILLEGALLY by 5-7 cars who left the HOV during the double yellow lines so they could punch the gas and continue past me at a speed closer to 80 or 90 MPH.

    While driving in the HOV lane at 75 and being passed by other cars I was pulled over by a CPH. I first noticed the cop in my rear view mirror, crossing from the far right lane across the other lanes to enter the HOV lane. She pulled up directly behind us and turned on her lights and siren as soon as she was on our bumper. So we pulled over. My girlfriend is only 4 feet 11 inches tall so her head doesn't rest above the top of the seat. We assumed the cop thought we were using the HOV lane with just one passenger. But instead she asked how fast I was going. I said I was driving safely and at a safe speed. She said I wasn't because I was going 80 in the HOV lane. She told me that she would mark it down as 79 because she was feeling nice.

    On the ticket it does not specify if she used radar or anything. it simply has a check mark with the number 79 written next to it on this area of the ticket. She wrote down my address incorrectly as well.

    Later on I received an update ticket in the mail stating the officer had made changes to her original ticket. The address was still wrong, the speed was the same, and there was still no distinction on how she measured my speed.

    ----------------------------------------------------------------------------------------------------------------------------------------------------
    Given the above^ information:

    1) Can my girlfriend serve as a witness for my defense? Are their forms required to do this?
    2) Do I have to prove I wasn't breaking the speed limit or just that I wasn't going 79 MPH?
    3) If asked how fast I was going can I plead the 5th amendment and reiterate that I was NEVER going 79 MPH?
    4) Will clerical errors like mispelling my address and city of residence help my case?
    5) If there is no proof of how she clocked my speed will it be thrown out?
    6) If she claims she used radar can I fight it by arguing that the HOV lane is too far away to get an accurate radar reading while other cars are on the 405?
  • 08-09-2012, 06:54 PM
    That Guy
    Re: Fighting Speeding Ticket - 79 in 65 on California I-405 N in Hov Lane with Witnes
    Please refrain from starting multiple threads for on case.


    You were cited for exceeding the state's maximum speed limit of 65. I couldn't tell you why she pulled you over but not the others, but as long as she can testify that she measured your speed in excess of the 65mph limit, you're done! You admit to having your cruise at 75mph, I don't know... Maybe your speedometer is off, maybe you stepped on it a couple of times, point is citing you for 79 is not any worse than citing you for 75... Same fine, same result.

    1) Your girlfriend can testify for you but what is she going to say? Is she going to lie on your behalf? Aside from that, she is your girlfriend and is considered biased towards you. So her testimony will carry little weight.

    2 and 3) you don't have to say anything but that means the officer's testimony will stand. You'll still lose.

    4) Not a chance. The only thing a wrong address will mean is you will not get a courtesy notice from the court. You'll have to check on-line or by phone to confirm your appearance date.

    5) Why would she cite you if she had no proof?

    6) No. Radar is accurate enough for her to catch you the way she did.
  • 08-10-2012, 12:25 PM
    MidwestLostNDaWest
    Re: Fighting Speeding Ticket - 79 in 65 on California I-405 N in Hov Lane with Witnes
    Why would she cite me if she didn't have proof...hmmm because California is broke as $h1+ and with a virginia license plate she could have assumed I lived too far away to come back to fight it.

    You didn't answer my second question at all. You just said I don't have to say anything....duh...that is common sense. What isn't common sense and still needs explaining is whether the burden of proof rests on my shoulders to show I wasn't going 79? or that I wasn't breaking the speed limit.

    This is a legitimate question with real consequences, your snide and condescending remarks were not helpful or informed.
  • 08-10-2012, 01:47 PM
    lostintime
    Re: Fighting Speeding Ticket - 79 in 65 on California I-405 N in Hov Lane with Witnes
    Quote:

    Quoting MidwestLostNDaWest
    View Post
    Why would she cite me if she didn't have proof...hmmm because California is broke as $h1+ and with a virginia license plate she could have assumed I lived too far away to come back to fight it.

    You didn't answer my second question at all. You just said I don't have to say anything....duh...that is common sense. What isn't common sense and still needs explaining is whether the burden of proof rests on my shoulders to show I wasn't going 79? or that I wasn't breaking the speed limit.

    This is a legitimate question with real consequences, your snide and condescending remarks were not helpful or informed.

    He's essential to the process.
  • 08-10-2012, 03:38 PM
    That Guy
    Re: Fighting Speeding Ticket - 79 in 65 on California I-405 N in Hov Lane with Witnes
    Quote:

    Quoting MidwestLostNDaWest
    View Post
    Why would she cite me if she didn't have proof...

    Where do you get the idea she doesn't have proof? All she needs is her word.

    Quote:

    Quoting MidwestLostNDaWest
    View Post
    hmmm because California is broke as $h1+

    You're free to leave is that is an issue!

    Quote:

    Quoting MidwestLostNDaWest
    View Post
    and with a virginia license plate she could have assumed I lived too far away to come back to fight it.

    Oh, I'm sure she's worried you're going top fight it... Mr Legal Eagle has no clue that 75 is higher than 65... Is going to fight his citation.

    I give her 35 to 40 seconds. She testifies under 35 to 40 seconds and you'll be found guilty! Pay the Fine, Sucker! California needs your money!

    Quote:

    Quoting MidwestLostNDaWest
    View Post
    You didn't answer my second question at all.

    Actually, I did answer it. I combined my answer for 2 and 3 together; here:

    Quote:

    Quoting That Guy
    2 and 3) you don't have to say anything but that means the officer's testimony will stand. You'll still lose.

    See? "2 and 3)"..... Sorry you're too ignant to figure it out on your own!

    Quote:

    Quoting MidwestLostNDaWest
    View Post
    What isn't common sense and still needs explaining is whether the burden of proof rests on my shoulders to show I wasn't going 79?

    Keep waiting... I gave you your answers. Sorry you can't understand them!

    Quote:

    Quoting MidwestLostNDaWest
    View Post
    or that I wasn't breaking the speed limit.

    See, now you're flat out lying. I personally think liars are despicable... Here is what you posted in your first post:

    Quote:

    Quoting MidwestLostNDaWest
    View Post
    I stopped my speed at 74

    Quote:

    Quoting MidwestLostNDaWest
    View Post
    While cruise control was set to 75

    Quote:

    Quoting MidwestLostNDaWest
    View Post
    While driving in the HOV lane at 75

    Not once, but three times you stated you were driving at 74, 75 and 75....

    And see those numbers, they are higher than 65.

    And with 65 mph being the speed limit, the maximum... Driving at 74, 75 and 75 is considered SPEEDING... Or as you would say "breaking the speed limit".

    None of that is relevant to the court though. She will testify she somehow clocked you at 79, guess what, you will be found guilty of 79.

    Quote:

    Quoting MidwestLostNDaWest
    View Post
    your snide and condescending remarks were not helpful or informed.

    Your inability to understand plain and simple English is your issue, not mine!





    Isn't it interesting how having "lost" as part of your screen name works out to mean that you are a PATHETIC LIAR?
  • 08-10-2012, 04:46 PM
    lostintime
    Re: Fighting Speeding Ticket - 79 in 65 on California I-405 N in Hov Lane with Witnes
    TG @ baseline!
All times are GMT -7. The time now is 10:03 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved