Speeding Ticket From California Highway Patrol

I am a California class A CDL license holder. In my personal vehicle, on state route 128 1-8-08, just east of wasson ave., pre-dawn 6:50am. The CHP officer was on the west bound side of S/R 128, just past the hair pin curve. That stretch of road, after the curve is very straight but has a few small hills the first 500 ft. I drove thru the 1st hill and was apporaching the 2nd at the peak when out of nowhere the flashing lights come on ahead about 100 ft on the left or w/b side. She said my estimated speed was 59 in a posted 45. As I saw the lights I checked my speed it read 52. Heres my questions: Is it legal for a CHP officer to sit roadside in the dark(pre-dawn) totally blacked out(not even an interior light on)? Why do officers always take your speed up to the 14 mph mark over every posted speed limit? I am leaning toward fighting this ticket any advice?

Smooth

I'm not aware of any law which says that police vehicles must be somehow illuminated at all times.

Also, even if it were illegal for a police officer to be stopped without any lights on, how is it relevant to your speed?

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Quoting BigSmooth

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Is it legal for a CHP officer to sit roadside in the dark(pre-dawn) totally blacked out(not even an interior light on)?

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Yes, it IS legal.

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Why do officers always take your speed up to the 14 mph mark over every posted speed limit?

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Just lucky? It's better than estimating high ... that would pop you into a higher fine bracket.

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I am leaning toward fighting this ticket any advice?

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Hire an attorney.

If you want to fight it yourself, you have a lot of work ahead of you to even stand a chance as you will likely need to challenge the speed limit of the road, the training of the officer, etc.

- Carl

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Quoting Mr. Knowitall

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I'm not aware of any law which says that police vehicles must be somehow illuminated at all times.

Also, even if it were illegal for a police officer to be stopped without any lights on, how is it relevant to your speed?

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No more relevant than any other speed trap!! :rolleyes:

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Quoting BigSmooth

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No more relevant than any other speed trap!! :rolleyes:

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Nothing in the post indicates that this was an unlawful "speed trap" as described under CA law.

- Carl

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valid and LEGAL information

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How long have you been practicing law?

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Quoting Madmanmike1972

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How long have you been practicing law?

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I'm not an attorney ... how 'bout you?

- Carl

Can you tell us more details about the ticket? Did he use radar? If so, he likely indicated the radar unit number.

What was the section of the vehicle code you were charged with violating?

If he used radar, lidar, or any other electronic mean of measuring speed of a vehicle in determining your speed, you may have a speed trap defense.

Read the other posts before you reply. Carl already told you there was nothing to indicate it was a speedtrap as defined under CA law.

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Quoting lwpat

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Read the other posts before you reply. Carl already told you there was nothing to indicate it was a speedtrap as defined under CA law.

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No... Carl said that the cop hiding with his lights off was not a Speed Trap as defined by CA law.

I know what a speed trap is... and I know how to defend against one. But, thanks for your input anyway.