Speeding Ticket for VC 22349(a)

[Karuza]

My question involves a traffic ticket from the state of: California

First, I'd like to say that I have searched and read a good number of threads that are for this vehicle code and most of them have been results of LIDAR/RADAR. I feel my situation is a bit different and would like to figure out how I should approach the ticket.

Setting - I was leaving my current location entering the freeway for a curved stretch of 1 mile before I entered a 'loop' to enter another highway. From the beginning of the loop to the off ramp I was exiting when I was pulled over is 1.1 miles. The total distance between my freeway entrance to me finally exiting the freeway is 2.1 miles. The loop is important because the car I drive, I get a thrill out of taking it fairly quick, which is important to know. The loop has a gradual elevation increase, with trees in between making the exit of the loop impossible to see from the entrance, and then goes over the first highway I was on.

The officer cited me doing 91+, as well as two other correctable violations. At the time of the traffic stop, the officer removed me from my vehicle and performed a sobriety test, while the other officer had reached into my car and grabbed two objects from my passenger side, which were returned at the end of the stop. At the time of the citation, the officer told me I was doing 90 mph, no Lidar, and I'm assuming no pacing. The officer indicated on the ticket the speed I reached was during the first 1 mile stretch I indicated above, I assume no pacing because if he was behind me, he would've pulled me over if the estimated speed was correct. When I was pulled over I was doing 45 mph exiting the freeway, as I was watching my mirrors I watched the cop approach out of the loop, passing another car, almost missing the exit I was exiting on, cut two lanes to get behind me and onto the exit. The officer had done all that within a 1.1 mile span, as the exit I was taking is fairly long, probably about 100-200 yards.

My friend who happened to also be on the freeway, but not driving with me, was about a half mile, if not more, behind me. He called me explaining that at the beginning of the loop, the officer engaged his lights behind his jeep and as a result, my friend thought he was being pulled over. The officer then turned off his lights and passed him. My friends vehicle is the same color as mine, but I have a coupe and not a jeep. At this time, my friend said there was no sight of me and the next time he had visual of me I was pulled over a mile down. I feel this is important because the officer had no direct line of sight of my vehicle for over a mile.

The officer had repeatedly asked me while I was driving like that, which I replied, "it was empty and I wanted to get on it" assuming he was referring to my slightly aggressive driving through the loop, but never exceeded 50-60 mph through the turn, the turn is probably about a 35 mph turn.

With that all said, is there any solid defense I could use? I plan to submit a Request for Discovery to review the officers notes, as well as any on board recording devices he may have possessed. I feel like this will turn into a he said she said issue, being his word is stronger than mine. He bumped the ticket from 90 to 91 making me ineligible for traffic school which would give me a point on my clean record.-- If I was unclear on any above details, please specify and I'll do the best to clarify.

Thanks!

Cliffs: Officer cited for speeding, didn't maintain a constant line of sight, no lidar, no pacing, pulled over miles from indicated area.

[That Guy]

Short answer:

With that all said, is there any solid defense I could use?

NOPE.... This here:

"it was empty and I wanted to get on it"

... is where it begins and where it ends!

[davidmcbeth3]

With that all said, is there any solid defense I could use? I plan to submit a Request for Discovery to review the officers notes, as well as any on board recording devices he may have possessed. .... didn't maintain a constant line of sight, no lidar, no pacing, pulled over miles from indicated area.

Right now you have no idea what the officer will testify to ... so do discovery and post. Too may unknowns to really comment as to a defense. Post back with more concrete information.

[quirkyquark]

So your citation says nothing in the "RADAR/LIDAR/etc." box?

The only way to possibly support your story (which is pretty confusing the way you've told it), is to request a tape/transcript of radio transmissions from said officer's radio AND the gps/speed log for his vehicle -- both for the relevant times. You can start with the usual informal request, but it may take pulling some teeth to actually get these for a traffic case.

[Karuza]

The lidar box was not checked. The closest vehicles that were behind me on the first 1 mile stretch was roughly a 1/2-3/4 miles behind me. When I was exiting the freeway, the vehicle was about a half mile behind me coming out of the loop approaching at a decent rate, since I was slowing for the exit, shortly after is when I first observed the officers headlights, also coming out of the loop.

The time was 2 am, little to no traffic on the road.

Further clarification, "radar/lidar unit/patrol vehicle no." was not checked... Officer also crossed out "am" with a line and put a check in the pm box, I don't know If that matters or not, but it was in fact in the am.

[quirkyquark]

Well, you don't really have a defense yet because you don't know how he came up with your speed. If it's visual estimate alone, it's pretty iffy -- he may say it's pacing.

Are we dealing with the CHP or local PD/SD? Definitely do a discovery request. When is your appearance date?

Also, do a trial by declaration first.

90+ just makes you not automatically eligible for traffic school. A judge can still give it to you if it's been more than 18 months since you last took it.

[Karuza]

CHP. 3 months from now

[Karuza]

Through TBD, is it possible to have my friend write a statement and have it notarized, to aid in my defense? Given that is the route I choose to pursue after the discovery.

[quirkyquark]

Through TBD, is it possible to have my friend write a statement and have it notarized, to aid in my defense? Given that is the route I choose to pursue after the discovery.

Sure, but it will be of very little value UNLESS the discovery turns up something helpful.

[That Guy]

Through TBD, is it possible to have my friend write a statement and have it notarized, to aid in my defense? Given that is the route I choose to pursue after the discovery.

I don't see how anything you mentioned will get you out of this one considering you admitted to committing the offense to the officer... Your admission, will go under the the "Any statement(s) made by the defendant were voluntary, recorded verbatim" entry on the officer's declaration.

And by the way, there is no requirement for the officer to check any of the boxes under "Radar/Laser/Patrol Vehicle Number"... And no matter how far he was from you, I don't see a reason why Radar could not be the easy answer to your question!