My question involves a traffic ticket from the state of: California.
Another car and I were cruising at 80mph on a two lane divided highway. An officer coming in the opposite direction on the other side of the divider guessed my speed in reference to the car in front of me, somehow pulsated my speed from the front of his car, and then again from the back of his car (he did not use a radar gun, but said he was able to send microwaves out of the front and rear of his car to confirm my speed of 80mph). The car in front of me and myself were both pulled over and given infractions.
My question in this: On the ticket I noticed three errors. The state of which my car is registered in was put down as California. That is wrong. The date at which I am set to appear is an invalid date, and this was confirmed by the court in the county the citation was issued. He wrote the other driver's license number. Aside from those errors, I want to argue that his reading is inaccurate based on the fact that when he shot his "pulses" from his car before he passed me, they would hit the car in front of me, and the pulses from the rear of his car could have very well hit one of the cars behind him. I can certainly remember the cop having traffic in front and behind him. How likely is it that any of this would hold? I live out of state so I would request a trial by written declaration.
Would it be wise of me to try and argue the speed trap defense on top of all of this as well? CVC40801. What about by CA Vehicle Code law the operation of a radar unit on a road must be justified with a Engineering and traffic survey done on the section of the road where you got caught. It must be current and within the last 5 years for it to be valid. CVC 40802 (b) Speed Zone Survey. Would any of these hold for getting a ticket dismissed? How soon should I wait to address the errors on the ticket? Should I request a trial by written declaration tomorrow and point out the errors immediately and hope it is dismissed on those alone? Or should I try and cram CA vehicle codes in, on top of the fact that the officer was in motion and could have easily read the speed of another car, seeing as how there was plenty of traffic in the area. The police officer even admitted I slowed down to the speed limit before he flipped his U turn about a mile back, so I was definitely going the speed limit before he even turned around and definitely by the time he pulled me over. How should I go about handling this?
Thanks so much in advance.