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  1. #1
    Join Date
    May 2011
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    Default Speeding Ticket Without Radar Gun

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

    I was driving at 2:00 AM on a road with 45 mph speed limit when I was pulled over by an officer. He claims he eyeballed me going 60 and wrote me up going 55. I was 100% positive I was not going more than 50 and my passenger confirmed that I was not going over the speed limit. Is there any way to fight this ticket? How valid is the officer's speed assessment by eye?

  2. #2
    Join Date
    Feb 2010
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    Default Re: Speeding Ticket Without Radar Gun

    I'm not sure if this is entirely correct, but I do believe that an officer's visual estimate of speed is evidence enough that you were speeding in a California Court. Could be wrong though. I'd wait to see what one of the CA experts say.

    What was the code he cited you for?

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

    Default Re: Speeding Ticket Without Radar Gun

    Quote Quoting azeey
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    I was driving at 2:00 AM on a road with 45 mph speed limit when I was pulled over by an officer. He claims he eyeballed me going 60 and wrote me up going 55. I was 100% positive I was not going more than 50 and my passenger confirmed that I was not going over the speed limit.
    So we've got four readings... Officer's estimate of 60, he gave you a break and wrote youup for 55, you say you were going 50 and your friend says you were going 45 (the speed limit).... WHich story do you think the judge is going to buy?

    Quote Quoting azeey
    View Post
    Is there any way to fight this ticket?
    What code section were you cited for?

    And yes, there are ways to fight it in court... Winning (a dismissal) is another story.

    Quote Quoting azeey
    View Post
    How valid is the officer's speed assessment by eye?
    Brendan is absolutely correct. If the officer has been P.O.S.T. trained and certified in the use of RADAR/LASER, then his visual estimate will likely stand.

  4. #4
    Join Date
    Apr 2011
    Location
    California
    Posts
    98

    Default Re: Speeding Ticket Without Radar Gun

    I have worked with a few CHP officers and they indicated a visual estimate can be sufficient. However, they admitted that a visual estimate was usually only adequate for CHP officers with years of experience and who had already established a relationship with the judges. They said visual estimation is not an easy skill to pick up and usually takes years of practice. If some new officer pulled you over, I can see where you can fight it. If it is some 10-year veteran, I think it would likely stand.

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

    Default Re: Speeding Ticket Without Radar Gun

    Quote Quoting That Guy
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    Brendan is absolutely correct. If the officer has been P.O.S.T. trained and certified in the use of RADAR/LASER, then his visual estimate will likely stand.
    If his visual estimate is not attacked during cross then it likely would stand, why not? Its unopposed testimony.

    Your testimony regarding your speed is, how shall I say.., will be ignored. You are an interested party where the officer is not.

    So, attack his visual speed estimate ; prepare questions regarding this before trial so you are ready for cross.

    You sure he did not pace you? Find out before trial. A trial by written decl. will tell you how he measured your speed.

    Don't assume anything prior to trial; you either know how he measured you or you don't & if you don't, then how can you prepare a defense (on the fly?? rarely effective).

    Visual estimates are easy to attack. POST training or not .. he will still have to answer simple questions regarding distance and time.

    http://www.lawfirms.com/resources/cr...ing-ticket.htm

    Shows one set of questions & type of questions to ask ... yes it can be tedious but its not hard ... have written questions to read from at trial. And a calculator handy.

    Also, have you checked out the speed limit sign to see if it is complaince with the manual on uniform traffic control devices (MUTCD) .. during my travels, I note that ~60% of signs are not posted properly.

  6. #6
    Join Date
    May 2011
    Posts
    2

    Default Re: Speeding Ticket Without Radar Gun

    It was CVC 22350. There was nobody else on the road at that time and I was also no more than half a mile from my destination. The officer was relatively young too

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

    Default Re: Speeding Ticket Without Radar Gun

    Radar training includes a lot of visual estimation. If the officer is radar trained, he has been trained in visual estimation. An officer of sufficient training, experience, and age can also qualify depending on the court, even without radar training.

    Yes, visual estimation can be valid. But, like anything, it is subject to challenge.

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