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  1. #1
    Join Date
    Sep 2006
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    Default 85 in a 65 on I-5 in San Diego, CA

    Hello!

    I just got my very first speeding ticket a couple days ago and wanted to see what my options are. The situation is as follows: I bought a car on Saturday that has a great deal more power than the car I was driving previously. Saturday night the speedometer began malfunctioning. I brought the car to the dealer ASAP, Monday morning, to have it looked at. They confirmed that the speed sensor was broken and ordered the part, gave me a 3-5 day estimate for arrival and a document stating that the sensor was broken.

    Tuesday morning on my way to work my speedo reads 0 on the highway, I am travelling in the far right lane and approach a truck, I signal left and change lanes to pass the truck. To pass I hit the gas slightly overzealously and quite possibly get up to 85, I don't know because my speedo doesn't work. CHP bike cop pulls me over, writes me the ticket, doesn't mention how he got the 85 mph number, and I leave.

    I think that there's some mitigating factors in this case that merit the judges attention. My question is: what is the best way to communicate this information?

    Should I do a TBD? Or is that only when pleading Not Guilty, not for explanations? Should I be pleading Not Guilty? Should I bring evidence of my speedometer's malfunction and subsequent repair to my arraignment? I'm just unsure about what legal procedure is advisable under the circumstances. Does anyone have any advice?

    Thanks in advance!

    P.S. I checked the California Vehicle Code and driving with a malfunctioning speedometer is not illegal.

  2. #2
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    Jul 2006
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    984

    Default Re: 85 in a 65 on I-5 in San Diego, CA

    You can do either TBD or appear in person, that way the judge can ask you questions whereas in the TBD it is basically one shot, but you can appeal. You seem to have evidence to back up your contention that you had no way of accurately extimating your speed from day one. The citation should indicate if radar was used. It is worth a try and possible that the judge will drop the milage down to 74 so you would be <10 over.

  3. #3
    Join Date
    Sep 2006
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    9

    Default Re: 85 in a 65 on I-5 in San Diego, CA

    Thanks! So I guess maybe it would be better to show up in person? Gives me the chance to make a good impression and look sorry. Is that at the arraignment? Or do I have to actually contest the ticket to be able to present my evidence?

    The ticket doesn't say anything about radar, there's a box for "Radar Unit/Patrol Vehicle No." that the officer left empty. Does that mean he didn't use radar? Maybe I should request his notes from CHP before my court date (incidentally the day before Thanksgiving according to the ticket).

  4. #4
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    Jul 2006
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    984

    Default Re: 85 in a 65 on I-5 in San Diego, CA

    You may want to wait until Carl our resident Cop makes his appearance he also worked in the San Diego area so he may have additional insight. I believe it is better to appear in person. Contact the court in advance of the date shown on the ticket to see how they handle trials, you may have to come in twice and also they can tell you how to obtain your discovery. Also request a traffic survey. Please post the actual VC violation code and the location, that will help Carl.

  5. #5
    Join Date
    Sep 2006
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    9

    Default Re: 85 in a 65 on I-5 in San Diego, CA

    Sure. The code is 22349(a):

    "Except as provided in Section 22356, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour."

    It was on the 5 North/56 East local bypass at Carmel Mountain. There's very little traffic there in the mornings.

    Thank you again. As a generally law-abiding citizen I just have no experience dealing with this sort of thing. I suppose it wasn't so clever to buy a red sports car, but it's in my blood

  6. #6
    Join Date
    Oct 2005
    Location
    California
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    1,206

    Default Re: 85 in a 65 on I-5 in San Diego, CA

    I thought it was illegal to drive in California with a non-functioning speedo but you could certainly be right about that, since you checked the CVC.

    You would most likely be better off pleading not guilty in person and pleading your case before the judge. TBD is a wonderful option, in some instances, but I doubt it would buy you anything other than time (which is usually quite good).

    The problem with pleading "guilty with an explanation" is that, regardless of your explanation, you will be found guilty. In traffic court, if you plea guilt, you are presumed to be guilty.

    If you do go through the TBD deal, the cop may not file the required paperwork on time (or not at all). Go to the court and get a copy of his declaration so you'll know his thoughts on the matter. Also, be SURE to check the date which his declaration is filed..if it's late, request a "trial de novo" and ask for dismissal (based upon a late filing) before he testifies. Also, he may be sick of the whole thing and the fact that he had to file a written declaration..and not show up. Since you're not a menace to society, he may decide to cut you some slack. Good luck!

    I think Carl will agree with all of this advice.

  7. #7
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    Jul 2006
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    Default Re: 85 in a 65 on I-5 in San Diego, CA

    Quote Quoting chpmagnet
    View Post
    Sure. The code is 22349(a):

    "Except as provided in Section 22356, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour."

    It was on the 5 North/56 East local bypass at Carmel Mountain. There's very little traffic there in the mornings.

    Thank you again. As a generally law-abiding citizen I just have no experience dealing with this sort of thing. I suppose it wasn't so clever to buy a red sports car, but it's in my blood
    I was going to ask if your car was red

  8. #8
    Join Date
    Sep 2006
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    9

    Default Re: 85 in a 65 on I-5 in San Diego, CA

    Ah yes, hence the user name I've chosen

  9. #9
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    Sep 2005
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    California
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    Default Re: 85 in a 65 on I-5 in San Diego, CA

    The speedometer can be considered part of the odometer. CVC 28050 makes it unlawful to use an odometer which does not register the true mileage (and speed). However, this may not be a universally accepted provision in every court. Not being a mechanic myself, I can't say if the speedometer could be effectively argued to be part of the same mechanism or not.

    In any event, having a broken speedometer is not a defense to the citation though it might be a reasonable mitigating factor if it can be proven. If you can show that the speedometer has since been fixed, it might be beneficial to you.

    - Carl

  10. #10
    Join Date
    Jul 2006
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    984

    Default Re: 85 in a 65 on I-5 in San Diego, CA

    Quote Quoting cdwjava
    View Post
    The speedometer can be considered part of the odometer. CVC 28050 makes it unlawful to use an odometer which does not register the true mileage (and speed). However, this may not be a universally accepted provision in every court. Not being a mechanic myself, I can't say if the speedometer could be effectively argued to be part of the same mechanism or not.

    In any event, having a broken speedometer is not a defense to the citation though it might be a reasonable mitigating factor if it can be proven. If you can show that the speedometer has since been fixed, it might be beneficial to you.

    - Carl
    Apparently the vehicle was bought and the speedometer was not working and reported the same day to the dealer and the replacement part ordered, which brings into question other requirements for sales of vehicles. Apparently OP has documents. I had a similar problem and the cable was damaged while the dealer installed a instant disconnect on the vehicle, but the speedometer failed one day months later as I drove on the freeway when my cruise control sudenly failed on hwy 80 on my way to Sacto. Leaving me to unexpectdly gague my speed along with the other traffic and sure enough I got nailed for going a few(<5) miles over the limit.

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