ExpertLaw.com Forums

California Pacing Ticket, CVC 22350

Printable View

  • 02-13-2017, 04:28 PM
    SER70
    California Pacing Ticket, CVC 22350
    My question involves a traffic ticket from the state of: California.

    I was pulled over for driving 50MPH on a 35MPH zone. It was night time and the road was damp, but empty other wise. The sheriff said he paced me and that he had been tailing me for around 10 minutes (all city roads). I increased my speed only when I saw that there was a car very close to my back bumper... which turned out to be the sheriff.

    I am trying to make a case for a speed trap. I requested an Engineering & Traffic Survey from the Public Works office and was told that no survey currently exists for the road I was pulled over on and that they are currently working on it. Is this a strong enough case for dismissal? I'm confused about whether a car's speedometer counts as an electronic device or not?

    Thanks
  • 02-13-2017, 05:39 PM
    flyingron
    Re: California Pacing Ticket, CVC 22350
    Speeding is NOT the answer to a tailgaiter (even if that was happened).

    If you were paced, the speed trap law doesn't apply so the speed survey is largely superfluous. Spedometers (even if electronic in nature) do not meet the Calfiornia definition of electronic speed detection means.
  • 02-13-2017, 05:52 PM
    SER70
    Re: California Pacing Ticket, CVC 22350
    Thanks for your reply. You're right about speeding not being the answer. From what I've noticed so far the regular flow of traffic in my area is usually 45-50MPH on a 35MPH road so I thought I may have been going too slow for traffic. Not the best decision either way.

    Are there any suggestions for other ways to get this ticket dismissed?
  • 02-13-2017, 06:18 PM
    flyingron
    Re: California Pacing Ticket, CVC 22350
    Flow is not a defense.

    You're not getting the ticket dismissed out of hand.
  • 02-14-2017, 08:25 PM
    Maria Lyentre
    Re: California Pacing Ticket, CVC 22350
    Speed trap would not work. You do not need the survey. It only matters for the speed trap defence. Was his car properly marked as a police car? If no, maybe you could claim that you did not feel comfortable driving alone, at night time, on an empty road, and being followed by a stranger.
  • 02-15-2017, 05:25 AM
    free9man
    Re: California Pacing Ticket, CVC 22350
    Quote:

    Quoting Maria Lyentre
    View Post
    If no, maybe you could claim that you did not feel comfortable driving alone, at night time, on an empty road, and being followed by a stranger.

    Yeah, that dog don't hunt.
All times are GMT -7. The time now is 10:13 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved