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  1. #1
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    Aug 2011
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    Exclamation 22349(A) - Tickets Claims Radar Was Used, but Accused Speed 80+

    My question involves a traffic ticket from the state of: California, Fwy 118.

    Hey all, Id like to thank you all in advance. So heres the story:

    I was pulled over about a month ago, for allegedly doing 80+ in a 65mph zone. I was driving my uncles car and had my 2 nieces with me and I can assure you I have more sense of responsibility than driving recklessly. Anyways, when I was pulled over the officer stated that he didnt radar me, he paced me. The "approx speed" he marked down on the ticket was "80+". I took his word for it and now I'm looking at the ticket again and he actually checked the radar box, filled in the Beat and Area boxes....Now my questions are:

    1) Does the discrepancy between what I was told and what the ticket says even matter in court?

    2) In court if he says that he did use a radar on me, would saying...

    "if my speed was indeed gauged by the radar, why was there not a precise speed written down on the ticket and why couldn't the accusing officer give me a verbal exact alleged speed?"

    get me anywhere?

    3) How would you play this case?

    Thanks again

  2. #2
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    Default Re: 22349(A) - Tickets Claims Radar Was Used, but Accused Speed 80+

    Quote Quoting braves211
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    1) Does the discrepancy between what I was told and what the ticket says even matter in court?
    A simple check mark on the Radar box could be an error on his behalf... If he told you he paced, then he paced. Both methods are equally as valid and equally as acceptable. So I don't see a reason why he would have to change his answer or lie about it.

    Quote Quoting braves211
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    2) In court if he says that he did use a radar on me, would saying...

    "if my speed was indeed gauged by the radar, why was there not a precise speed written down on the ticket and why couldn't the accusing officer give me a verbal exact alleged speed?"

    get me anywhere?
    No... Simply because he could have clocked your speed at 83 or 87 or whatever speed reading the Radar showed that is "higher than 80" = 80+ and yet he simply chose to cite you for the lower speed (which, by the way, carries the lowest fine amount associated with 1 to 15mph over the limit)...

    Quote Quoting braves211
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    3) How would you play this case?
    Take traffic school.

  3. #3
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    Default Re: 22349(A) - Tickets Claims Radar Was Used, but Accused Speed 80+

    Quote Quoting That Guy
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    Take traffic school.
    I can assure you that if traffic school was an option for me then I would not be posting this problem. If am not eligible for traffic school, how should I play this case?

    Thank You

  4. #4
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    Default Re: 22349(A) - Tickets Claims Radar Was Used, but Accused Speed 80+

    Quote Quoting braves211
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    I can assure you that if traffic school was an option for me then I would not be posting this problem. If am not eligible for traffic school, how should I play this case?

    Thank You
    And I can assure that had there been a viable defense for you to present, then you would have seen it in my last post.

    Sorry to be blunt but aside from the officer not submitting a declaration (of you choose a TBD) or not appearing if you opt for a trial, you will undoubtedly be found guilty.

  5. #5
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    Nov 2007
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    Default Re: 22349(A) - Tickets Claims Radar Was Used, but Accused Speed 80+

    A + after the speed is common for officers who have a heart (you never see a + on my tickets...). The officer understands where the speeding brackets are for a 65 MAX zone, 66-80, 81-90, and 91+. Each bracket, starting with the lowest one has a progressively higher fine attached to it. Quite simply, the officer gave you a break for 80+. Any judge understands what the + means. If you want to argue, "You honor, I was doing 86 MPH and this knucklehead officer wrote me for 80. He is lying, I was never doing 80." Will get you cut off by the judge saying, "guilty!" If the judge is having a bad day he/she may even raise your fine to the appropriate bracket.

    By the way, the reason I never write a + is because if someone is driving X MPH they can pay the price for driving X MPH. I mean after all, they earned the speed written on the ticket, they might as well have proof they were going that fast.

  6. #6
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    Aug 2011
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    Default Re: 22349(A) - Tickets Claims Radar Was Used, but Accused Speed 80+

    Quote Quoting That Guy
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    And I can assure that had there been a viable defense for you to present, then you would have seen it in my last post.

    Sorry to be blunt but aside from the officer not submitting a declaration (of you choose a TBD) or not appearing if you opt for a trial, you will undoubtedly be found guilty.
    I have already decided to try court, I just wanted to know if anyone had any useful advice on how to play the case

  7. #7
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    Default Re: 22349(A) - Tickets Claims Radar Was Used, but Accused Speed 80+

    Quote Quoting braves211
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    I have already decided to try court, I just wanted to know if anyone had any useful advice on how to play the case
    Sort of like putting the horse before the carriage... Your case though, good luck either way!

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