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  1. #1
    Join Date
    Mar 2011
    Posts
    6

    Default Officer Erased Radar when Driver Asked to See It

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

    I was driving north on hazel and greenback, when the officer was driving south.
    She flipped around and pulled me over. She wrote on the ticket I was going 40.
    The posted speed limit was 45 where she pulled me over. On the ticket she wrote
    I got pulled over on hazel/fortuna way. She actually pulled me over on hazel and cherry.Which is a 2.44 mile difference. (My dad coincidentally was driving by, and he pulled into where I got pulled over, and saw me. I told the officer o, that is my dad)
    Anyways, I was not going 71 which is what she cited me for. When she asked me
    I said I was going tops 55. After she wrote the ticket, I asked to see the radar. She then told me she erased it. I find that suspicious. It was raining that night, but nothing intense. I really think she bs'd me and I understand most everyone says they are innocent, but I truly feel taken advantage of. I have registered with ticket assassins, and will file for a trial by declaration.

    I do have prior convictions of speeding, I think 2 points on my record. I know the judge wont be fond of that. I truly have been watching my driving habits.

    Can you guys/gals please help me? What should I state and how should I state it, supposedly I can do this all by mail.

  2. #2
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Vc22350. Officer Erased Radar when Asked I Searched Already

    You admitted to speeding ... you can post the ticket but I don't see any help with this one.

  3. #3
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Vc22350. Officer Erased Radar when Asked I Searched Already

    Your post is somewhat confusing.

    First you say:
    Quote Quoting chima007
    View Post
    I was driving north on hazel and greenback, when the officer was driving south.
    She flipped around and pulled me over.
    Then you say...
    Quote Quoting chima007
    View Post
    I got pulled over on hazel/fortuna way.
    And then you immediately follow that up with:
    Quote Quoting chima007
    View Post
    She actually pulled me over on hazel and cherry.
    So what location did she indicate on the citation? And where did you actually pull over?

    Oh, and what city was this in? (Not trying to snoop, simply wanting to get some perspective of the multitude of locations you mentioned).

    Also, first you say:
    Quote Quoting chima007
    View Post
    She wrote on the ticket I was going 40.
    But then you say:
    Quote Quoting chima007
    View Post
    Anyways, I was not going 71 which is what she cited me for.
    So what did she cite you for? 40 in 45.... or 71 in 45?

    What did she indicate in the "P.F./Max Speed" box? What did she write in the "Vehicle Speed" box? and what did she write in the "safe Speed" box?

    A few more questions:
    A. Have you obtained a copy of the Engineering and Traffic Survey yet?
    B. How old are your prior convictions/your 2 points?
    C. Are you currently eligible for traffic school (has it been 18 months since you've received a citation for which you took traffic school to get it dismissed)?
    D. Out of curiosity, how much did it cost you to "register to ticket assassins" and what services do they offer in return?

    I'll add in a few comments:
    1. She is not required to show you the radar Reading.
    2. You admitted to 55 in 45... That's not going to work in your favor.
    3. The rain, and although you say "nothing intense", will play a HUGE part in how this will turn out. (Again, not likely to work in your favor).
    4. Your prior convictions of speeding should not impact your guilt or innocence, although they may play a part in what sentence you will receive (yes, I understand the bail amount is already set, though there is nothing to prevent the judge from increasing it or maybe even ordering a suspension pursuant to VC 13200).

  4. #4
    Join Date
    Mar 2011
    Posts
    6

    Default Re: Vc22350. Officer Erased Radar when Asked I Searched Already

    Quote Quoting That Guy
    View Post
    Your post is somewhat confusing.
    Sorry, did not proofread, definitely mistakes on my part...

    First you say:

    Then you say...

    And then you immediately follow that up with:


    So what location did she indicate on the citation? And where did you actually pull over? She indicated hazel ave and fortuna way (Sacramento, CA)

    Oh, and what city was this in? (Not trying to snoop, simply wanting to get some perspective of the multitude of locations you mentioned).

    Also, first you say:

    But then you say:

    So what did she cite you for? 40 in 45.... or 71 in 45?
    It was a 71 in a 40

    What did she indicate in the "P.F./Max Speed" box? What did she write in the "Vehicle Speed" box? and what did she write in the "safe Speed" box?
    She indicated P.F. via circling it

    A few more questions:
    A. Have you obtained a copy of the Engineering and Traffic Survey yet? (NO)
    B. How old are your prior convictions/your 2 points? (within a year)
    C. Are you currently eligible for traffic school (has it been 18 months since you've received a citation for which you took traffic school to get it dismissed)? (More than likely, no)
    D. Out of curiosity, how much did it cost you to "register to ticket assassins" and what services do they offer in return? ($25, and they give you access to forms)

    I'll add in a few comments:
    1. She is not required to show you the radar Reading.
    2. You admitted to 55 in 45... That's not going to work in your favor.
    3. The rain, and although you say "nothing intense", will play a HUGE part in how this will turn out. (Again, not likely to work in your favor).
    4. Your prior convictions of speeding should not impact your guilt or innocence, although they may play a part in what sentence you will receive (yes, I understand the bail amount is already set, though there is nothing to prevent the judge from increasing it or maybe even ordering a suspension pursuant to VC 13200).
    I have not received anything in the mail yet, got the ticket on march 25, 2011
    I will try and be more specific in answering the questions for the much appreciated advice. THANK YOU.

    Regards,

    Chima

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Vc22350. Officer Erased Radar when Asked I Searched Already

    This sounds like my old stompin' grounds in Sacramento - Orangevale, actually.

    As this appears to be county jurisdiction, was this CHP?

    And, as a note, there is no requirement for an officer to show you the radar, nor do they always lock in the reading. Sometimes the reading is there and gone before you can get the highest lock in. It depends on the mode the vehicle is in at the time, and the device itself and how it is operated.

  6. #6
    Join Date
    Mar 2011
    Posts
    6

    Default Re: Vc22350. Officer Erased Radar when Asked I Searched Already

    Quote Quoting cdwjava
    View Post
    This sounds like my old stompin' grounds in Sacramento - Orangevale, actually.

    As this appears to be county jurisdiction, was this CHP?

    And, as a note, there is no requirement for an officer to show you the radar, nor do they always lock in the reading. Sometimes the reading is there and gone before you can get the highest lock in. It depends on the mode the vehicle is in at the time, and the device itself and how it is operated.
    Yea, Orangevale exactly. What do you think? Are my chances good? Bad?

  7. #7
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Vc22350. Officer Erased Radar when Asked I Searched Already

    Quote Quoting chima007
    View Post
    Yea, Orangevale exactly. What do you think? Are my chances good? Bad?
    It depends on how you fight the cite. Unfortunately, even you admit that you were doing at least 10 over the posted limit. So, you may have to look at the speed trap angle and hope that the officer does not set up the proper foundation to support the use of radar, or that the area of roadway he observed you was not properly surveyed.

    Others here can provide more detail on possible defenses. But, understand that where you were pulled over does NOT mean that it was the location you were observed at the given speed.

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