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  1. #1
    Join Date
    Jul 2013
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    16

    Default Paced Speeding Ticket, Given While Rapidly Accelerating

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

    I was stopped a red light, on a major thoroughfare, at around 11PM on a Monday night in Glendale. There were three lanes, I was in the middle one, with one buick car to my right.
    No cop cars were in sight. I shifted into first gear, and rapidly accelerated to exactly 45mph (speed limit being 40). Within half a mile (to be exact .3 miles, right before the next major intersection), I was being pulled over onto a sidestreet.

    The officer explained to me that he had paced my car and I had gotten up to 60mph, but he wrote me down at 55.

    What defense might I use to fight this ticket?
    How could he have paced me under rapid acceleration (full throttle)?
    Could his distance judgement have been off at night?

    Also, there was another officer in the cop car, but only the driver got out to talk to me, and the other officer just stood around the cop car.

    I was ticketed under 22350 VC - Basic Speed Law (Misdemeanor)

    Please note: This is my first speeding ticket I've ever received, does that give me any footing?
    I can understand getting a ticket for rapidly accelerating, but I can not understand receiving a speeding ticket when I didn't exceed the posted speed limit. My speedometer is properly calibrated, and so is my GPS, which both read 45MPH and no higher through the whole event.

    EDIT: should I get a lawyer/attorney or professional advice? If I fight the ticket, can I still go to traffic school?

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Paced Speeding Ticket, Given While Rapidly Accelerating

    Quote Quoting SethSkyler
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    What defense might I use to fight this ticket?
    None whatsoever. You admitted to speeding at 45 mph in a 40 mph zone. That as well as a 55 mph in a 40 mph zone carry the same fine.

    Quote Quoting SethSkyler
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    How could he have paced me under rapid acceleration (full throttle)?
    You can contest the citation and ask him that in court.

    Quote Quoting SethSkyler
    View Post
    Could his distance judgement have been off at night?
    I'm not sure why it would be but what would a distance judgement have to do with anything here? He could have visually estimated your speed as being higher that the posted limit, and he cited you accordingly.

    Quote Quoting SethSkyler
    View Post
    I was ticketed under 22350 VC - Basic Speed Law (Misdemeanor)
    Its not a misdemeanor. Its only an infraction.

    Quote Quoting SethSkyler
    View Post
    Please note: This is my first speeding ticket I've ever received, does that give me any footing?
    We all started with our "first one"... So no.

    Quote Quoting SethSkyler
    View Post
    I can understand getting a ticket for rapidly accelerating, but I can not understand receiving a speeding ticket when I didn't exceed the posted speed limit. My speedometer is properly calibrated, and so is my GPS, which both read 45MPH and no higher through the whole event.

    EDIT: should I get a lawyer/attorney or professional advice? If I fight the ticket, can I still go to traffic school?
    A ticket for rapidly accelerating is a ticket for exhibition of speed, and yes, that can be cited as a misdemeanor, it will result in higher fines and penalties and so you might want to just accept what you have instead of pleading for something worse.

    As for traffic school, once you decide to contest the citation then the traffic school option is at the discretion of the court.

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