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  1. #1
    Join Date
    Jan 2019
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    1

    Default Ticketed for Speeding When Trying to Get Away from a Tailgater

    My question involves a traffic ticket from the state of: San Diego, CA
    to get away from a guy tailgating me and following me into every lane I went into. A street sweeper flipped over in front of me a month ago and a guy behind me rear ended me really hard, just got my car back and am adjusting to being on the road again. I freaked out when this guy was tail gating me. the guy who i was trying to get away from zoomed past me and the chp officer pulled me over and said he got me going 90 on his radar in a 65 MPH zone. I looked at the ticket and it says the ticket was by MVARS, not radar.
    I have never gone 90 MPH in my life. I was entering the freeway and switching lanes in traffic at 3:30pm on the 805N. I received a red light camera ticket in Sept, which the court reduced the fine for, I have not had a ticket of any kind for 20 years.
    what can i do here? how can i fight an MVARS ticket? what can i do to keep these both off my driving record? Does CHP usually show up to court if I ask for a trial? what is his evidence?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Ticketed for Speeding When Trying to Get Away from a Tailgater

    The big question: Why didn't you simply let this person pass?

    "I was speeding to get away from a tailgater" is not of itself a defense to a speeding ticket.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Ticketed for Speeding When Trying to Get Away from a Tailgater

    Quote Quoting Amandakf81
    View Post

    what can i do here? how can i fight an MVARS ticket?
    Through discovery you get a copy of the video and the officer's statement and you compare the two to see if you did what he said you did.

    Quote Quoting Amandakf81
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    what can i do to keep these both off my driving record?
    You probably can't, if you lose on this one.

    Quote Quoting Amandakf81
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    what is his evidence?
    The video, his observation, his estimate of your speed, etc.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Ticketed for Speeding When Trying to Get Away from a Tailgater

    If you want to avoid the conviction report (the point and your insurer finding out) you can do traffic school since you don't seem to have used it in the past 18 mos.

    Freaking out is not a justification for speeding.
    Speeding is not the correct answer to tailgaiting, SLOWING DOWN smoothly is.

  5. #5
    Join Date
    Mar 2018
    Posts
    326

    Default Re: Ticketed for Speeding When Trying to Get Away from a Tailgater

    How fast WERE you going? And have you already been convicted of the red light ticket? What is its status?

  6. #6

    Default Re: Ticketed for Speeding When Trying to Get Away from a Tailgater

    I've had cretins tail me everywhere i went so I know the feeling of desperation and wanting to escape. I think I even made an illegal U-turn to finally lose the would-be carjackers (was driving a brand new car at the time). Had I been pulled over, I would've told the cop about it to hopefully just get a warning. If I went to court I would definitely tell the judge to hopefully pull on his heart strings and he'd show compassion by dismissing it.

  7. #7
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Ticketed for Speeding When Trying to Get Away from a Tailgater

    Quote Quoting Amandakf81
    View Post
    what can i do here? how can i fight an MVARS ticket? what can i do to keep these both off my driving record? Does CHP usually show up to court if I ask for a trial? what is his evidence?
    MVARS is a video system. If the officer used radar, there should be some indication of that on the citation. He can also utilize pacing and visual estimation of speed, or all three. If he used raadar, he at least used two since radar is appropriately used as the conformation of the visual estimation of speed.

    To keep these off your driving record, you would have to prevail at trial. Alternatively, as mentioned by adjusterjack, you can opt for traffic school (if eligible) and keep the two points off your record. Note that at a speed of 25+ over the limit you will have to ask the court for traffic school since the rules of court prohibit the clerk from allowing this offer up front.

    Yes, the CHP usually shows up in court for traffic tickets. It's what they do. And, San Diego County Courts long ago took a hard line on agencies and officers who ignored subpoenas.

    The evidence can include his testimony of your speed and the radar reading, as well as the possibility of video evidence.

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