Arguing Margin of Error to Reduce a Radar Speeding Ticket
My question involves a traffic ticket from the state of California: A few weeks ago, I was traveling on PCH 1 at Wilder Ranch in Santa Cruz, California, and I was stopped by the California Highway Patrol (CHP) for speeding. Using a Radar, the officer cited violation VC 22349 (B) - exceeding 55 MPR, and stated I was travel approximately 82 MPR. I was traveling on a two lane road that allows passing of slower traffic. I was traveling south bound at approximately 60 MPR and legally passed a much slower moving car. I accelerated my speed and after safely passing the car I began to decelerate my speed. The road was on a slight downward angle, and while I was returning to the south bound lane and decelerating, the CHP Officer used a RADAR to determine my speed coming down the hill. I admit to exceeding the 55 MPR speed limit during this passing of the car, but at no time did I exceed 80 MPR.
My legal question: Since the officer stated on the ticket I was traveling at a speed of approximately 82 MPR, I therefore exceeded the 55 MPR speed limit by 27 MPR. This resulted in a much larger fine since I exceeding the maximum speed limit by over 26 MPR. What would be the appropriate argument to support my case that I did not exceed 80 MPR and hope to reduce the fine? Is there a standard margin of error for RADAR guns? Thank you for any guidance.
Re: Arguing Margin of Error to Reduce a Radar Speeding Ticket
You can research the exact make and model of radar gun to determine its margin of error and use that information, if helpful, to try to convince the court that the radar's output may have been higher than your actual speed.
Re: Arguing Margin of Error to Reduce a Radar Speeding Ticket
So, you admit to 80 mph and you're going to argue a 2 mph margin of error in the radar.
Good luck with that.
Re: Arguing Margin of Error to Reduce a Radar Speeding Ticket
There's no provision in the law to speed even 1 MPH (let alone 27 MPH) to pass a car. Downgrade is also not an excuse.
Most radar guns are accurate to less than a mph. The stalker II for example, will read no more than +1 over when stationary, no more than +2 when moving.
Re: Arguing Margin of Error to Reduce a Radar Speeding Ticket
No, I do not admit to driving 80 MPR. The question refers to the different levels of fines. If the officer wrote my ticket for traveling 80 MPR and not over (82 MPR), my ticket fine amount would drop at least $140.
Re: Arguing Margin of Error to Reduce a Radar Speeding Ticket
So consider pleading guilty to the 25 over in exchange for them dropping the 27 over. I don't know the system in your area so I can't suggest how you would initiate such an offer but unless you can find some technicality in the ticketing you're going to lose anyway so why not just seek to have the charge reduced.
Re: Arguing Margin of Error to Reduce a Radar Speeding Ticket
Quote:
Quoting
sl2surf
No, I do not admit to driving 80 MPR. The question refers to the different levels of fines. If the officer wrote my ticket for traveling 80 MPR and not over (82 MPR), my ticket fine amount would drop at least $140.
Go to court and plead not guilty.
Then hope you get offered a plea down to a lesser charge/fine.