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California LIDAR Speeding Ticket - Officer Not in Vehicle

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  • 10-14-2009, 04:23 PM
    SandSP
    California LIDAR Speeding Ticket - Officer Not in Vehicle
    My question involves a speeding ticket from the State of: California

    I recently received a speeding ticket for going 83 in a 65. The CHP officer said that he tagged me using laser. How can I fight this?

    - When he asked if I was speeding, I did not admit guilt and said that I thought I was going the speed limit.

    - When I asked how fast I was going when he stopped me, he said "I don't know because you slowed down after seeing me".

    - The CHP car was parked on the side of the road but the officer was returning to his car when I passed him.

    Does his laser function with him outside of the car? How does he know it was me that tripped it and not another car? Since, he doesn't know how fast I was going when I stopped, is there away to discredit the lidar since he has no back up measure of my speed (pacing me with his vehicle).

    Thank you for any advice!
  • 10-14-2009, 06:39 PM
    That Guy
    Re: California LIDAR Speeding Ticket - Officer Not in Vehicle
    Quote:

    Quoting SandSP
    View Post
    The CHP officer said that he tagged me using laser. How can I fight this?

    - The CHP car was parked on the side of the road but the officer was returning to his car when I passed him.

    Does his laser function with him outside of the car?

    On your citation, it should say something like “Radar. Laser, Lidar”... What does it say?

    Quote:

    Quoting SandSP
    View Post
    How does he know it was me that tripped it and not another car?

    That would be a good question to ask him... My guess is he will say he visually estimated your speed then he used some sort of measuring device. That's how they are trained to do it...

    Quote:

    Quoting SandSP
    View Post
    Since, he doesn't know how fast I was going when I stopped, is there away to discredit the lidar since he has no back up measure of my speed (pacing me with his vehicle).

    You might want to rephrase that question. Because I can answer it for you and i wasn't even there: You were going zero miles per hour when you stopped. But even then, how does that discredit his reading? Chances are you did actually slow down but whether you did or not, to him, the violation had already been committed. So what difference does it make what speed you were going when he stopped you???

    Also, and in addition to Radar/Laser/Lidar and pacing, and for officers who have used training to use all three, have also received training and are able to visually estimate speed (within reasonable accuracy). So all of the methods mentioned above can hold up in court if the officer testifies to using them and assuming he has been properly trained.
  • 10-14-2009, 07:39 PM
    SandSP
    Re: California LIDAR Speeding Ticket - Officer Not in Vehicle
    Hi That Guy,

    Thanks for the comments.

    The ticket does not actually mention radar, laser or lidar. It just states approximate speed. The officer verbally mentioned that he tagged me on laser.

    Do you have any tips on what a good defense would be?

    Best Regards,
  • 10-15-2009, 01:06 PM
    sniper
    Re: California LIDAR Speeding Ticket - Officer Not in Vehicle
    Quote:

    Quoting SandSP
    View Post
    Does his laser function with him outside of the car?

    Yes, being a hand held unit, it can operate anywhere you can hold something. It however, cannot work through glass. That's why officers who utilize Lidar are more likely to be outside their vehicle while using it. They also have hand held radar units.

    Quote:

    Quoting SandSP
    View Post
    How does he know it was me that tripped it and not another car?

    Because he aimed the Lidar unit directly at your vehicle and pulled the drigger to obtain the speed reading. Prior to and after the shift they check the accuracy of the sight with pre determined distances at their office. Lidar is more accurate than Radar in heavy traffic.

    Quote:

    Quoting SandSP
    View Post
    Since, he doesn't know how fast I was going when I stopped, is there away to discredit the lidar since he has no back up measure of my speed (pacing me with his vehicle).

    He dosen't? You sure? I bet $20 he used Visual estimation prior to using his Lidar.
  • 10-16-2009, 12:32 PM
    SandSP
    Re: California LIDAR Speeding Ticket - Officer Not in Vehicle
    Does anyone have a suggested defense? Or do you think I can plea the speed down from 19 over to 15 over, so my fine is reduced and then request traffic school? I am eligible.

    Hoping the officer doesn't show up...
  • 10-16-2009, 01:25 PM
    That Guy
    Re: California LIDAR Speeding Ticket - Officer Not in Vehicle
    Quote:

    Quoting SandSP
    View Post
    Does anyone have a suggested defense? Or do you think I can plea the speed down from 19 over to 15 over, so my fine is reduced and then request traffic school? I am eligible.

    Hoping the officer doesn't show up...

    As sniper has already stated, Laser is very accurate... And the chance that the officer had another vehicle are pretty slim.

    As for you being able to plead the speed down, that rarely works in California. The officer issued it for that particular speed and subsequently filed it in court, the judge cannot change it, and there is no prosecutor to plea bargain with. Some judges however, will reduce the fine... Its worth a try, I guess.

    If you eligible for traffic school, take that and be done.

    As for the officer not showing up... That means you'd have to plead "not guilty" and take it to trial. If the officer doesn't show up, then its dismissed. If he does (and I can tell you that the CHP is pretty religious about showing up), then you might not have the traffic school option after a trial. Most judges do not offer that option at the point.
  • 10-16-2009, 09:21 PM
    SandSP
    Re: California LIDAR Speeding Ticket - Officer Not in Vehicle
    That Guy. Thanks for the notes. Will pay the fine, go to traffic school and be done with it.
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