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Got a Ticket, but Cop Didn't Have LIDAR Details

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  • 09-23-2009, 07:45 PM
    legendr34
    Got a Ticket, but Cop Didn't Have LIDAR Details
    My question involves a traffic ticket from the state of: California

    Hey guys, great advice on this forum.

    Recenlty I got a unsafe speed ticket, via speed trap. However I was going the opposite direction of the trap and the officer pulled me over and wrote a ticket for 60mhp in a 45 zone and marked that he used Laser on the citation.

    They officer stated I was going faster than 60mhp, but was unable to tell me truthfully how fast I was really going (making me believe he didn't have LIDAR readings). I was going the opposite direction of where the LIDAR was pointed, I'm pretty sure that he didn't get my speed via the LIDAR, although he circled it on the citation.

    Do I have a good chance to fight this? If so, I'm going to fight TBWD and get a discovery to see what his notes say...

    TIA!!!
  • 09-23-2009, 09:37 PM
    EWYLTJ
    Re: Got a Ticket, but Cop Didn't Have LIDAR Details
    You were probably cited with 22350... right??

    If so, you want to keep his lidar data. Take a look at VC 40802 for the real definition of speed trap.

    You should obtain the speed survey for the highway you were cited on. Call CALTRANS if it was a state road.
  • 09-23-2009, 09:42 PM
    legendr34
    Re: Got a Ticket, but Cop Didn't Have LIDAR Details
    Quote:

    Quoting EWYLTJ
    View Post
    You were probably cited with 22350... right??

    If so, you want to keep his lidar data. Take a look at VC 40802 for the real definition of speed trap.

    You should obtain the speed survey for the highway you were cited on. Call CALTRANS if it was a state road.

    hi
    yes that is correct, 22350. I'm going to get an informal discovery which will hopefully have the data I will need including the speed survey before I attempt to fight this case.
  • 09-23-2009, 11:21 PM
    EWYLTJ
    Re: Got a Ticket, but Cop Didn't Have LIDAR Details
    Get the speed survey on your own. You will likely be ignored with your IDR.
  • 09-24-2009, 01:47 AM
    THEAMAZINGCHAN
    Re: Got a Ticket, but Cop Didn't Have LIDAR Details
    so now the opposite direction defense has been abandoned?
  • 09-24-2009, 02:02 AM
    That Guy
    Re: Got a Ticket, but Cop Didn't Have LIDAR Details
    Quote:

    Quoting THEAMAZINGCHAN
    View Post
    so now the opposite direction defense has been abandoned?

    Well, you burst that bubble in the other thread! :)
  • 11-03-2009, 08:57 PM
    legendr34
    Re: Got a Ticket, but Cop Didn't Have LIDAR Details
    Well,

    I got the discovery, it included the survey (not sure what this does), lidar cert (up to date), and the officer's notes.

    The note is hardly legible, but it does not say anything about tagging me with a lidar.

    Can anyone help me make this out:

    http://i34.tinypic.com/4gn7yo.jpg

    I'm not sure how to proceed to build a defense.
  • 11-03-2009, 10:49 PM
    That Guy
    Re: Got a Ticket, but Cop Didn't Have LIDAR Details
    How old is the survey & what does it say?
  • 11-03-2009, 11:33 PM
    legendr34
    Re: Got a Ticket, but Cop Didn't Have LIDAR Details
    it was from 2008, but im not sure what i need to look out for. it did say posted speed was changed from 50 to 45
  • 11-04-2009, 07:33 AM
    EWYLTJ
    Re: Got a Ticket, but Cop Didn't Have LIDAR Details
    You need to look for the section of road that is listed as the location of offense on your ticket (not where you were stopped or where you think you got caught). Determine what the "critical speed" or the "85th percentile speed" is. The posted speed limit should be no higher than the 5mph increment that is closest to the critical speed. If it is higher, then it constitutes a speed trap unless specifically justified. Let us know what it says... or better, post a copy of it.
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