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  1. #1
    Join Date
    May 2018
    Posts
    2

    Default Can You Be Ticketed for Speeding < 5 MPH Over the Speed Limit

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

    Okay, this has been bothering me for quite some time since the beginning of 2018. I'm hoping to get answers here so I can debate whether or not I should fight this. So here's the issue, the story and my concerns

    Issue: speeding over 90 per hour

    Story: I was driving to my second job on the freeway. I was probably half way there when I saw a truck that was pulled over by an officer, thus causing a bit of a looky loom traffic. The moment I passed by, I had a quick glance at my speedometer and notice that it was above 80 miles and I had to quickly slow it down to at least 70. As far as I know, you can go at least 5 miles faster than the speed limit, unless I'm reading the wrong booklet. I could have sworn I had slowed down before passing the two vehicles, but I guess I wasn't. Not to mention that I had to be more focused on the road so I couldn't pay too much attention to my speedometer to find out the exact speed I was on. However, barely even a half of a mile later (in my guesstimate), the police officer finally got on the road and as soon as he did, he IMMEDIATELY came after me to pull me over. Once he did, I asked "Is there a problem officer?", he responded "Yes, you were going above 90 miles per hour." I was kinda shocked about it I was like "90?!" Then he asked me for my license and registration and gave me a ticket. I was so mad an confused I didn't even know what to do. Why confused?

    Concerns: The reason why I'm confused is because I had gotten a speeding ticket before, but the diffence between then and now was the fact that the last officer that pulled me over in 2013, I think, had given me a chance to slow down before pulling me over and stated that I was speeding 75 or 80 miles for more than 3 quarters of a mile. In this case, although I slowed down to 70 miles per hour soon after passing him, the officer still pulled me over half a mile later. Has the traffic laws changed throughout the 5 years, or was the officer of this year not doing a proper job?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,667

    Default Re: Something Doesn't Feel Right

    Did the ticket say how the speed was measured? If he had a lidar or radar unit, chances are he nabbed you before you saw him. It matters not that you'd drastically slowed when you passed the officer. He observed you going faster. It makes little difference. There's no difference in the ticket for 81 in a 65 versus 90 in a 65. Both are the middle tier of the speed table ($524 fine and one point).

    I'm not sure what point you are trying to make. The laws haven't changed. The officer is not obliged to let you slow down and wasn't obliged to do so in 2013 or even 1973.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,384

    Default Re: Something Doesn't Feel Right

    There is not a law now, nor was there a law five years ago (or ever) that says you cannot be ticketed if you are going five miles or less over the limit. The law has not changed and there was nothing wrong with the job the officer was doing. You are and were in error over that the law says.

  4. #4
    Join Date
    Nov 2007
    Location
    Northern California
    Posts
    832

    Default Re: Something Doesn't Feel Right

    You admit you were over 80 but you are perplexed he wrote you for 90? That's not too far off from over 80. If it's radar that is used the minimum distance setting is 1/4 mile, the max is 1 mile. Your speed could have been measured far before you looked down at your speedometer.

    You are reading an incorrect book.

    No, speed laws have not changed.

  5. #5
    Join Date
    May 2017
    Location
    Florida
    Posts
    355

    Default Re: Something Doesn't Feel Right

    You seem uncertain as to what your top speed was over that stretch of road. The officer knows exactly. Pay your ticket and slow down.

  6. #6
    Join Date
    Mar 2018
    Posts
    326

    Default Re: Something Doesn't Feel Right

    Speeding fine will be the lowest for 1-15mph over the limit; then 16-25, then 26+. If you believe you were going slower, both before or after passing the officer, than you were written up for, you can see for yourself if challenging how much over the speed limit you were would make any difference. If it does, then do challenge it, and testify under oath as to what you believe your speed was. Radar are not infallable... the most common error is inability to pinpoint the offender from within a group of vehicles moving at similar speeds.

  7. #7
    Join Date
    Nov 2007
    Location
    Northern California
    Posts
    832

    Default Re: Something Doesn't Feel Right

    Quote Quoting zeljo
    View Post
    Speeding fine will be the lowest for 1-15mph over the limit; then 16-25, then 26+. If you believe you were going slower, both before or after passing the officer, than you were written up for, you can see for yourself if challenging how much over the speed limit you were would make any difference.
    Over 80 (which could be anywhere from 81 to a gazillion) or 90 written on the citation still puts it in the same fine bracket of 16 to 25. It's not going to change the fine.

  8. #8
    Join Date
    May 2017
    Location
    Florida
    Posts
    355

    Default Re: Something Doesn't Feel Right

    Quote Quoting zeljo
    View Post
    then do challenge it, and testify under oath as to what you believe your speed was.
    He will not be allowed to testify as to any "belief" but only what he has knowledge of. The only knowledge he has said he has is that the one time he took a "quick glance" down at his speedometer it read "over 80". I can guarantee that the officer will testify to an actual measurement, and probably will testify to a visual estimate. Unless the OP can attack the device used to measure his speed he's stuck. Testifying under oath requires telling the truth, and admitting "over 80" includes the possibility of 83, 88, or even 91. And it is an admission of guilt that he was speeding. And a quick glance won't trump a witness with actual knowledge of the highest speed he measured.

  9. #9
    Join Date
    Mar 2018
    Posts
    326

    Default Re: Something Doesn't Feel Right

    Quote Quoting asa_jim
    View Post
    He will not be allowed to testify as to any "belief" but only what he has knowledge of.
    Of course he will be allowed to testify, whether he uses the words "I believe" or "I know". He is the defendant; no one can stop him from testifying. It's another matter if the judge will believe him, and it does depend on his presentation. As I have already said, radar is not infallible, and neither is the officer.

  10. #10
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Something Doesn't Feel Right

    Quote Quoting zeljo
    View Post
    Of course he will be allowed to testify, whether he uses the words "I believe" or "I know". He is the defendant; no one can stop him from testifying. It's another matter if the judge will believe him, and it does depend on his presentation. As I have already said, radar is not infallible, and neither is the officer.
    But, absent something compelling, or, at least supportive of the claim, "the radar/officer was wrong," the statement would likely fall flat as far as defenses go.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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