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
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.
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?
Re: California Pacing Ticket, CVC 22350
Flow is not a defense.
You're not getting the ticket dismissed out of hand.
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.
Re: California Pacing Ticket, CVC 22350
Quote:
Quoting
Maria Lyentre
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.