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  1. #1
    Join Date
    Jun 2017
    Posts
    2

    Default How to Fight a Moving Radar Ticket

    My question involves a traffic ticket from the state of: California.
    At 9:10pm, I was driving down a slope while I had a vacation in California. The police car drove up in the opposite lane and made a U turn to stop me. He told me his radar reads 96 on 55 max and so gave me a 22349 b vc speeding ticket. I told him I didn't see any sign and feel at most I was driving at 70.
    I received the court notice and asking $489. I plan to write a written declaration.
    I am wondering how the radar in a moving car work? is that possible the radar didn't (at least not accurately) to compensate the police car its self speed? any recommendation of fighting this ticket?

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

    Default Re: Speedy Detected by a Radar in the Opposite Moving Plice Car

    It depends on the radar used. If the radar was mounted in the vehicle, it is mounted so as to compensate for the relative speeds of the two vehicles.

    Be careful on your written declaration lest you admit to guilt, albeit at a lesser speed.

    You might consider seeking the officer's notes as part of any discovery request to see what it is he is likely to testify to in court.

    Also keep in mind that if you go to trial (and maybe even the TBWD) the court may decide not to allow for Traffic School if you are convicted. This option i most often guaranteed in a not guilty plea (assuming you are otherwise eligible), it may not be allowed if you lose a TBWD or a trial de novo.

  3. #3
    Join Date
    Jun 2017
    Posts
    2

    Default Re: Speedy Detected by a Radar in the Opposite Moving Plice Car

    Quote Quoting cdwjava
    View Post
    It depends on the radar used. If the radar was mounted in the vehicle, it is mounted so as to compensate for the relative speeds of the two vehicles.

    Be careful on your written declaration lest you admit to guilt, albeit at a lesser speed.

    You might consider seeking the officer's notes as part of any discovery request to see what it is he is likely to testify to in court.

    Also keep in mind that if you go to trial (and maybe even the TBWD) the court may decide not to allow for Traffic School if you are convicted. This option i most often guaranteed in a not guilty plea (assuming you are otherwise eligible), it may not be allowed if you lose a TBWD or a trial de novo.
    I live thousands of miles away from California and so TBWD is the only practicable option I can choose. Requesting a discovery note is only useful if go to court finally, not TBWD only, right?
    I actually didn't notice my speedmeter and 70 is my feeling. I probably ended up with the explanation of dark, no sign of speed limit etc. just hoping reduced penalty.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Speedy Detected by a Radar in the Opposite Moving Plice Car

    Well, if found guilty of even 15 over the limit, you'll pay nearly $300. But, if that's what you want to do.

    And the discovery request could also be used to help you in a TBWD. If for no other reason than to be able to make the proper arguments.

  5. #5

    Default Re: Speedy Detected by a Radar in the Opposite Moving Plice Car

    For future reference, CA limit is 55mph, unless otherwise specified. All of those reasons: down-hill, dark ... go against you because all of those are good reasons to go slower, not faster. I wouldn't bring those up in my defence and hope that the officer did not record them on the ticket. An admission that you did not notice the speedometer further strengthens the charge. If you don't know how fast you were going, how could you deny the charge of 96, regardless of your lack of credibility as a witness to your own violation. There is always the small chance that the officer will not respond to your TBWD. I recently saw a very badly written & frankly moronic speeding defence get dismissal.

  6. #6

    Default Re: Speedy Detected by a Radar in the Opposite Moving Plice Car

    General rule of thumb is to go to traffic school. My understanding is once you contest the citation, you lose the right to have the citation masked from your driving record should you lose. However, you can always ask, "if I am found guilty, will I retain my right to attend traffic school to keep this from going on my record?".

    If you do a TBWD and say you were doing 55, while the officer says you were doing 75, the judge always sides with the police officer. This means that you are dealing with a biased judge and should be able to get the ticket thrown out on that basis. I don't know how you'd do this, as I can't imagine the following question would work: "Your honor, if I say I was doing 55 and the officer says I was doing 75, who would you side with?".

  7. #7

    Default Re: Speedy Detected by a Radar in the Opposite Moving Plice Car

    Quote Quoting Lizard
    View Post
    If you do a TBWD and say you were doing 55, while the officer says you were doing 75, the judge always sides with the police officer. This means that you are dealing with a biased judge
    Wow ... just wow. Propositional logic vs. presidential logic?

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

    Default Re: Speedy Detected by a Radar in the Opposite Moving Plice Car

    Quote Quoting farazs
    View Post
    Wow ... just wow. Propositional logic vs. presidential logic?
    I don't believe there is any logic of any form there.

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