Doing 90mph in a 35mph Zone

My question involves a speeding ticket from the State of: California

The ticket states that I was driving 90mph even though I really was traveling at 60mph. The ticket also states that the body color of my car is black, even though it is gray, also it says that the traffic conditions which the ticket issued at the time was heavy, even though their was barely any cars on site, this ticket was issued at 10:45pm, and my town is dead after 10pm. Also the cop didn't use a radar, he just made an assumption. I would like to get some feedback from the users of this website on what I should do, I posted the same question on answers.yahoo.com and they all told me to plead not guilty.

I would also like to know the consequences which I could be facing if I do end up having to pay for the ticket, is their a chance of my license being suspended? and how much do you think the fine is going to be? I'm 18 years old.

Thank you very much and all help is appreciated!

What section of the vehicle code were you charged with?

Im not sure if your talking about this but

22350 VC - EXCESS SPEED (90 MPH)

Well... first thing you should do is a discovery request. You need to gain information concerning how he obtained your speed. If there is nothing in his notes that should be provided in discovery concerning him "pacing" you, then you will have to get him to admit to it in court (i.e. "did you verify my speed with your vehicle's speedometer?) If he admits that, then all the speedtrap rules come into play. You sould review the sections here: http://www.leginfo.ca.gov/cgi-bin/di...le=40800-40808. Pay particular attention to 40803(b). That one wil require the prosecution to show a speed trap did not exist. He'll have to do that with a speed survey. I'd bet he won't have one or if he does, it won't justify the limit.

You should do a search for 22350 and read some of the posts that I and others have made concerning this section of the vehicle code.

Well I see what you mean, but when this happened the officer wasn't even inside his car, as I drove by the officer I saw him standing outside and speaking with a security guard(the police officers car was on the other side of the road unoccupied). It was only after I passed by that the probably went into his car and caught up to me and pulled me over. I can confirm that he was speaking with a security guard because he even brought the security guard with him when he pulled me over.

Now technically if you think about this, none of this makes sense. How could I possibly be doing 90mph on a HEAVY traffic area(which he put on the ticket) and even IF I was driving that fast by the time the officer went into his vehicle and told the security guard to tag along with him, I would have been way gone. And since it was "HEAVY" traffic he wouldn't have been able to catch up to me.

Well... you have three arguments you can make:

1. Speed trap. But you have to somehow show that he was using an electronic device to measure your speed.

2. Visual estimation. You are already on a good road of how to argue this. But, this will involve a lot of discrediting of the officer. He has really helped you out in that respect, but you will have to be persuasive.

3. Basic speed law flaw. You were not driving at a speed which presented a danger to persons or property. If you were, why didn't he cite you for something more serious (i.e. reckless driving)? Take a look at the 30 questions here: http://helpigotaticket.com/speed/30questions.html

Wow that website is amazing, but I don't think I can do that. But I found out that my ticket is going to cost me $340, since that is the maximum fine that a 22350 VC can be. I think I'm better of paying for the fine rather than fighting it, since I feel as if I might do something wrong and end up getting my liscense suspended. But what do you think?

By the way, I never knew this but after reading the Superior Court of California, County of Los Angeles CIVIL FEE SCHEDULE I found out that after 26+MPH over the speed limit your ticket fine doesn't increase.

After reading that I noticed that if the officer recorded my speed correctly by radar rather than a GUESS I would be ticketed for 60mph, and thats 25mph over speed limit and my ticket would have been alot less.

I believe this is one case where I would be hoping the cop was using a radar.

But after saying all that, do you believe I'm making the right decision by doing this?

You should do what you are comfortable with. However, you shouldn't fear additional penalty. If your fine is $340, that's all that can happen. You won't fight the ticket and then be punished for fighting it.

I would look to fight it as its going to get points on yoru license...

Not just a fine...

That means increased insurance...