California Paced 22350 - Advice and Strategy to Fight It

Hello,

I've pleaded not guilty and have court soon. I was hoping that I could get some advice and/or strategy to fight my case.

An officer paced me in less than 0.3 miles for going 50mph on a 35.
I was not going this fast. I was probably even going slower than 40 because I had to slow down to make a turn. (he pulled me over after I made the turn)

It was near sunset, the weather was very clear with no traffic at all (I was alone on the street going southbound) and no pedestrians.

I was not asked anything aside of if I knew the speed limit (which I responded). After he gave me the ticket, I noticed that he "paced" me-- which makes me assume that he didn't use any radar/laser guns.

I've pretty much read all of (http://www.helpigotaticket.com/speed/index.html) and have some great ideas, but not specific to my case.

I'm not sure how I should argue my case in court.

Should I argue that he miscalculated my speed?
Or
Should I argue that I was not violating the section code?

22350. No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.

Any advice/suggestions would be greatly appreciated.

Thank you for your time~

Are you serious?? There is tons of information at that website that is specific to your case. Go back and look at the "30 Questions" section. Also, here is something very vital to your case:

Quote:

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40803(b) In any prosecution under this code of a charge involving the
speed of a vehicle, where enforcement involves the use of radar or
other electronic devices which measure the speed of moving objects,
the prosecution shall establish, as part of its prima facie case,
that the evidence or testimony presented is not based upon a
speedtrap as defined in paragraph (2) of subdivision (a) of Section
40802.

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Since the cop paced you, he may (erroneously) believe he doesn't need to bring a speed survey to show a speed trap did not exist. This is because he used his speedometer. However, his speedometer IS an electronic device and the burden is on the prosecution to show a speed trap did not exist before you are required to present any defense at all. If the prosecution does not make that prima facie case, you can ask for dismissal.

22350 is probably the easiest to beat of all tickets. Do a search here and you will find lots of threads describing good defenses.

The electronic speedometer defense did not work for me that ewyltj recommeds did not work for me. I tried it today in court. I don't think it would hurt to try but I wouldn't count in it.

"I'm not sure how I should argue my case in court.

Should I argue that he miscalculated my speed?
Or
Should I argue that I was not violating the section code?"

I would try both. It is not inconsistent to do so. You can argue that he miscalculated your speed and you were not speeding. But even if you were speeding it was safe to do so. (If that is indeed what happened)

Quote:

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Quoting KI6OGJ

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The electronic speedometer defense did not work for me that ewyltj recommeds did not work for me. I tried it today in court. I don't think it would hurt to try but I wouldn't count in it.

"I'm not sure how I should argue my case in court.

Should I argue that he miscalculated my speed?
Or
Should I argue that I was not violating the section code?"

I would try both. It is not inconsistent to do so. You can argue that he miscalculated your speed and you were not speeding. But even if you were speeding it was safe to do so. (If that is indeed what happened)

---

I think you are a bit premature in your statement. You said in your thread that a ruling hasn't been made yet. You don't know if it worked or not. Even so, if you look in your thread, you'll see that you have an outstanding case for an appeal if it didn't work. Don't be so hasty.

EWYLTJ, KI6OGJ

Thank you for your replies.

I will definately bring section code 40803(b) if he mentions anything about pacing me with a speedometer.

I'm just trying to figure a way to present my case effectively in a professional matter--