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  1. #1
    Join Date
    Feb 2015
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    8

    Default Pulled Over for Speeding While in a Gas Station, VC 22349(A)

    My question involves traffic court in the State of: California

    Cited for 22349(a) for doing 75 in a 55 (no radar; only visual estimation)

    Driving along a highway (speed limit 55) with two other motorcycles in front of me. Sheriff is driving behind me. All three of us pull into a gas station. I pull up to a pump and get off my bike to fill up gas. This is when I notice the cop has flipped on his lights and has followed the 2 other motorcyclists to a parking spot. At this point, I start gassing up, and a border patrol officer walks up to me and tells me to go talk to the officer after I finish filling up. I'm an upstanding citizen (obviously), so I don't just drive away. Pull into a spot next to the sheriff's patrol car, and he asks me for my license / registration. Talks to us for ~30 min. about how he's seen so many motorcyclists crash and die on this road due to trying to keep up with other motorcyclists, makes a comment about how he "thinks he saw us out here yesterday, tried to pull us over then, but couldn't catch us" and proceeds to write us all tickets.

    I'm considering requesting a trial by written declaration due to this bizarre nature of events. Is there a limit from the time you're on your vehicle to when a cop pulls you over for driving at an excess speed?

    Interested in thoughts and comments. Thanks in advance.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: "Pulled Over" for Speeding (22349(A)) While in a Gas Station

    Quote Quoting w0lf3h
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    Is there a limit from the time you're on your vehicle to when a cop pulls you over for driving at an excess speed?
    No. He may stop you at most any convenient time.

  3. #3
    Join Date
    May 2013
    Posts
    1,055

    Default Re: "Pulled Over" for Speeding (22349(A)) While in a Gas Station

    I believe visual estimate alone can be used to support a speeding violation. You don't deny speeding in your post so I'm guessing you were.

    If you're just trying to avoid a conviction here, TBD is a good first step, followed by Trial de Novo. You essentially require the officer to prove the case twice. If they either don't respond at TBD or don't show up at TDN, you win, assuming you don't make any stupid admissions (like accepting responsibility for your illegal driving habit). You can go even further by disqualifying any and all temporary judges and then disqualifying the first real judge or commissioner you appear before using a PC 170.6 challenge, assuming the officer shows up. Anytime you do, it's possible that you'll delay the trial until another day or to a time when the officer can't be there. This tactic is particularly useful late in the court day as it's less likely that the case can be moved to another court that same day.

  4. #4
    Join Date
    Feb 2015
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    8

    Default Re: "Pulled Over" for Speeding (22349(A)) While in a Gas Station

    Quote Quoting donzoh1
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    I believe visual estimate alone can be used to support a speeding violation. You don't deny speeding in your post so I'm guessing you were.

    If you're just trying to avoid a conviction here, TBD is a good first step, followed by Trial de Novo. You essentially require the officer to prove the case twice. If they either don't respond at TBD or don't show up at TDN, you win, assuming you don't make any stupid admissions (like accepting responsibility for your illegal driving habit). You can go even further by disqualifying any and all temporary judges and then disqualifying the first real judge or commissioner you appear before using a PC 170.6 challenge, assuming the officer shows up. Anytime you do, it's possible that you'll delay the trial until another day or to a time when the officer can't be there. This tactic is particularly useful late in the court day as it's less likely that the case can be moved to another court that same day.
    I don't actually recall speeding, but I suppose there's always that possibility. I mean... it basically comes down to my word vs. the officer's, so I'm not really too keen to fight the ticket on that fact alone. Even if I wasn't speeding, there's not really much I can do about it.

    Just wanted to see if I could use the circumstance as some benefit to myself. I'll most likely try trial by written declaration and then go and request traffic school if it fails.

  5. #5
    Join Date
    Feb 2015
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    22

    Default Re: "Pulled Over" for Speeding (22349(A)) While in a Gas Station

    You don't recall but it's possible? In other words, you may or may not have been but don't know? Maybe that cop's action will someday save your life if you slow down!

  6. #6
    Join Date
    Feb 2015
    Posts
    8

    Default Re: "Pulled Over" for Speeding (22349(A)) While in a Gas Station

    Quote Quoting jeff1970
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    You don't recall but it's possible? In other words, you may or may not have been but don't know? Maybe that cop's action will someday save your life if you slow down!
    Lol. It's also a good idea to keep your eyes on the road and not glued to the speedometer while you drive. There's always the possibility I was 1 mph over the speed limit, and that's considered speeding.

    Also, I wouldn't be too concerned about someone's life if they were purposely speeding. That's their decision. I'd be more concerned about the lives of other drivers.

  7. #7

    Default Re: "Pulled Over" for Speeding (22349(A)) While in a Gas Station

    I’m confused. Did he write you for speeding just before you pulled into the gas station, or did he write you for speeding as he observed the day prior? If it were the day prior, I can imagine how he would have a very difficult time proving that it was you he saw.

  8. #8
    Join Date
    Mar 2013
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    18,340

    Default Re: "Pulled Over" for Speeding (22349(A)) While in a Gas Station

    Quote Quoting w0lf3h
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    I don't actually recall speeding,
    I wish I had a buck for every time I've read that. LOL.

    Quote Quoting w0lf3h
    View Post
    it basically comes down to my word vs. the officer's,
    And the judge will believe the officer instead of one of thousands who parade through the court claiming they didn't do it.

    Quote Quoting w0lf3h
    View Post
    Just wanted to see if I could use the circumstance as some benefit to myself.
    You can try donzoh1's tactics. They seem to have a reasonable chance of working.

    But even if you manage to beat the ticket you'd still need to pay more attention to your speed. Glancing at the speedometer occasionally isn't going to put you in any danger and you don't even have to look at it to know you are doing 20 miles over the limit when you are passing every other driver on the road. So give us a break with that innocence baloney.

  9. #9
    Join Date
    Feb 2015
    Posts
    22

    Default Re: "Pulled Over" for Speeding (22349(A)) While in a Gas Station

    Quote Quoting adjusterjack
    View Post
    I wish I had a buck for every time I've read that. LOL.

    You can try donzoh1's tactics. They seem to have a reasonable chance of working.
    Why try that? He's been banned and that's probably because he doesn't know what he's talking about.

  10. #10
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: "Pulled Over" for Speeding (22349(A)) While in a Gas Station

    Quote Quoting jeff1970
    View Post
    Why try that? He's been banned and that's probably because he doesn't know what he's talking about.
    While he may have been incorrect at times and a general PITA at times, his advice as given above is legal. It is simply playing games with the system to try and get off. CA set their system up in a manner that such games are possible, although not necessarily effective, so people are free to play them if they wish.

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