California Highway Patrol - Speeding Ticket 100mph in 65mph zone

Hello All,

on 12/23/06 1:50AM I received a ticket for supposedly going 100 in a 65 zone. I didn't write down the officers license plate or asked to see his radar gun "because they don't have to show it".

On the ticket it has the code 22349 "speed" - Does anyone have the analysis of what the prosecution will need to prove in order to obtain a conviction?

Also I am going to personally fighting this ticket, and not letting myself be a witness nor testify. However I wanted to know if it is wise to use the passenger as a witness to provide the court with testimony that i was not going past the speed limit.

I've been reading :http://www.worldlawdirect.com/artcle...ng_ticket.html and man does that have a lot of great information.

I was also wondering, if i have the case moved to my jurisdiction that would mean the officer would have to come down here correct? And hopefully since it's he works almost 4 hrs away from where i live he wouldn't show, and i could motion to dismiss for lack of witness/evidence

Anyways, my ticket doesn't have the box marked for Radar, so did he and his partner just "guess" my speed? How could I prove that they didn't use effective means to measure my speed? I had passed a few slower moving vehicles, and when they did pull me over those vehicles were almost 5 miles back if not more, and there was no other vehicles around me for at least 2 miles, could they have mistaken me, or just picking on the nice looking car?

Another questions is should I go back to where i was when they pulled me over to get pictures? After they gave me my ticket and they followed me back on the highway, I notice they were gone! And hid themselves off the side of the off ramp, could this be useful?

Sorry this is so long,

Andre

The provision of the vehicle code you reference provides:

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Quoting California Vehicle Code § 22349 - Maximum Speed Limit

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(a) Except as provided in Section 22356, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour.

(b) Notwithstanding any other provision of law, no person may drive a vehicle upon a two-lane, undivided highway at a speed greater than 55 miles per hour unless that highway, or portion thereof, has been posted for a higher speed by the Department of Transportation or appropriate local agency upon the basis of an engineering and traffic survey. For purposes of this subdivision, the following apply:

(1) A two-lane, undivided highway is a highway with not more than one through lane of travel in each direction.

(2) Passing lanes may not be considered when determining the number of through lanes.

(c) It is the intent of the Legislature that there be reasonable signing on affected two-lane, undivided highways described in subdivision (b) in continuing the 55 miles-per-hour speed limit, including placing signs at county boundaries to the extent possible, and at other appropriate locations.

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Quoting dre2day

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On the ticket it has the code 22349 "speed" - Does anyone have the analysis of what the prosecution will need to prove in order to obtain a conviction?

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Read the section posted by Aaron.

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Also I am going to personally fighting this ticket, and not letting myself be a witness nor testify. However I wanted to know if it is wise to use the passenger as a witness to provide the court with testimony that i was not going past the speed limit.

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It's entirely up to you. However, unless the passenger was reading the speedometer the entire time before the stop, his testimony will likely be given little weight as it is expected he will side with his friend or family member.

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I was also wondering, if i have the case moved to my jurisdiction that would mean the officer would have to come down here correct?

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You can only request to move the hearing to another court within the county of issuance. So, if you have a traffic court nearer to your home you MIGHT be able to get it transferred there if you live in a large county. Most CA counties will not entertain this option after the cite is issued. And you certainly cannot have it moved to a different county.

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And hopefully since it's he works almost 4 hrs away from where i live he wouldn't show, and i could motion to dismiss for lack of witness/evidence

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Not likely. See above.

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Anyways, my ticket doesn't have the box marked for Radar, so did he and his partner just "guess" my speed? How could I prove that they didn't use effective means to measure my speed?

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Request their notes via discovery. They might also have paced your car or used visual estimation. CHP officers are trained in the use of radar and this also necessitates that they be trained in the visual estimation of speed. Plus, it doesn't take a rocket scientist to estimate someone exceeding 65 MPH - especially if they are allegedly doing 100+!

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I had passed a few slower moving vehicles, and when they did pull me over those vehicles were almost 5 miles back if not more, and there was no other vehicles around me for at least 2 miles, could they have mistaken me, or just picking on the nice looking car?

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Or, they simply followed behind the only car that was ripping past all the other cars on the road leaving them so far behind!

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Another questions is should I go back to where i was when they pulled me over to get pictures? After they gave me my ticket and they followed me back on the highway, I notice they were gone! And hid themselves off the side of the off ramp, could this be useful?

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Why would it be?

- Carl

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Quoting cdwjava

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Or, they simply followed behind the only car that was ripping past all the other cars on the road leaving them so far behind!


Why would it be?

- Carl

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LOL! What a defense, I'll bet all those cars he left in the dust were also going over 65, Maybe he needs "Stealth paint" next time.

No judge will ever believe you if the cops says you were doing 100 and then you get up there and say you were doing 65. He may have trouble stifling a laugh - and so may the public in the pews. Some judges get pi$$ed if they think that you cajoled your passenger into making false testimony. The judge could go after your passenger for perjury, and after you for suborning perjury. Those offenses carry jail time.

I think the best you could do on this ticket is to make some efforts to try to get traffic school. But because you were more than 25 over the limit, the phone or window clerk cannot give it to you. A judge can, if you can provide him a good reason to give you a special break. Or convince him, subtly, that you are so ignorant of traffic rules that you really need to go to traffic school, just to protect the rest of us from you. See http://www.courtinfo.ca.gov/rules/ti....htm#TopOfPage

So, phone and set up an arraignment date. Go there and ask the judge for traffic school. If he says OK, grab it and run. If he says no, then plead not guilty and set up a trial date. If the trial is set to be with the same judge, consider using a peremptory challenge to change judges.

Maybe the cop will fail to show up for the trial. But if he does show up, then as soon as your part of the trial starts and you have been called forward, ask the judge for traffic school. If he says no, then argue your case. If you lose, ask for traffic school again.

And no matter what, slow down.

BT

he didnt show you his radar/laser? you know their supposed to show you ( california i know for sure) ... i got a ticket for a 129 in a 65 in san diego... i was supposed to be arrested but thats a long story.... i went to court and asked if the cop "showed" his clocked speed... he said no so i said do you have evidence to prove that i was actually speeding , he then also said no...judge dismissed it

I find your story a little hard to believe. No state requires that the officer show you the reading on the radar so that is not a reason for dismissal. Your other statement makes more sense.

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Quoting wrxsteve

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he didnt show you his radar/laser? you know their supposed to show you ( california i know for sure)

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No state I know of requires an officer to show the radar/lidar reading if asked - none. I know for a FACT that there is no such law in California as this is what I do for a living.

All because you had an isolated circumstance where a judge (likely a judge pro tem) wanted there to be a radar involved in your case does not make it a fact that an officer must show a radar or lidar reading to the defendant. There are numerous safety reasons why this is not practical. Plus, it only proves that the number is displayed on the screen - it does NOT prove the speeding as the speed that is locked in might not even be the highest speed, and, in theory, it could even be another reading from another time and place altogether.

- Carl

I too am aware of no law requiring that an officer show you the speed reading.

A passenger may help your case but their credibility is almost always called into question as they are usually a friend, family member, etc., so I do not know that the judge would give their testimony much weight.

Speeding cases are very difficult to beat as a defendant--you basically have scientific evidence which if shown to be working properly will prevail over other evidence including testimony that you didn't think you were going that fast or that the last time you looked at the speedometer it didn't indicate such a speed. Also, people seldom have their speedometer calibrated so radar and the like vs. a speedometer means that radar almost always prevails.

Banking that the officer isn't going to show is always a gamble and one that you usually lose--the prosecution could also seek a continuance for the officer's absence--you can object but the judge will make the ultimate decision.

As one of the above posts notes some type of negotiated disposition may be best--traffic school or something that could keep it off your driving record. I have seen it happen even for people who were way over the speed limit but each case is going to be different and obviously the alleged excessive speed works against you.

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Quoting Litigator

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I too am aware of no law requiring that an officer show you the speed reading.

A passenger may help your case but their credibility is almost always called into question as they are usually a friend, family member, etc., so I do not know that the judge would give their testimony much weight.

Speeding cases are very difficult to beat as a defendant--you basically have scientific evidence which if shown to be working properly will prevail over other evidence including testimony that you didn't think you were going that fast or that the last time you looked at the speedometer it didn't indicate such a speed. Also, people seldom have their speedometer calibrated so radar and the like vs. a speedometer means that radar almost always prevails.

Banking that the officer isn't going to show is always a gamble and one that you usually lose--the prosecution could also seek a continuance for the officer's absence--you can object but the judge will make the ultimate decision.

As one of the above posts notes some type of negotiated disposition may be best--traffic school or something that could keep it off your driving record. I have seen it happen even for people who were way over the speed limit but each case is going to be different and obviously the alleged excessive speed works against you.

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Traffic school is not an option with that speed. He passed other vehicles who most likely were at least going 65 mph and admits they were at least 2 and 5 miles behind him by the time he was ticketed.