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  1. #1
    Join Date
    May 2007
    Posts
    3

    Default Speeding Ticket on a Motorcycle in California

    Need a little advise. Yesterday, I was coming home on 680, traffic was pretty heavy and I was passing cars when they were doing over 25MPH and splitting them when doing under 25 miles per hour. I just replaced my chain the day before and had a questionable rivot link in the chain, I just stopped to by a replacement, so I was not in a hurry or pushing the bike in any way. Also, the wind was blowing about 25-35 MPH with high gusts, so I know I was not speeding, just barely passing cars.
    I was behind another motorcycle, not passing anyone and doing about 55 MPH, when I heard a siren, I looked in mirror and CHP was behind me, I switched lanes to the middle lane and he followed, I signaled and pulled to the side of the road. The officer approached and told me I was doing 85 spilting traffic, I answer very surprised and told him that I was just following along in traffic and passing when possible. I did not argue but he told me that he was coming on the highway about 5 miles back and I passed in the fast lane doing 85, he said he clocked me and then he said he had to do 85 MPH to catch up with me. I find that very hard to believe, first, if I was doing 85, by the time he got in the fast lane, I would be almost 2 miles ahead of him, how could he possible catch me it I was doing the speed he suggested? How could he clock me with his car when there are so many cars in between us. He could not keep an average speed with traffic in his way, he did not use a siren or lights. How could he clock me if I was spilting lanes and so far ahead of him?

    I believe I can take driving school but I feel I was driving very responsible. I think he saw my motorcycle, it looks and sounds fast, and thought I was a young kid. When he found out I was 45, he only gave me a ticket for 75 in a 65 zone. I really think this is ridiculous, especially since everyone does 75 or more on 680.

    Any advice would be greatly appreciated.

    Thanks in advance,
    JT

  2. #2
    Join Date
    Apr 2006
    Location
    CALIFORNIA
    Posts
    83

    Default Re: Speeding Ticket on a Motorcycle in California

    Unforetunately, he probably cited you for 22349 which is

    22349. (a) Except as provided in Section 22356, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour.

    Do an informal discovery request first to see what kind of notes the officer took. Then do a trial by declaration. If that doesn't work, then go to trial and make sure it is within 45 days (right to speedy trial).

    Do another informal discovery request and hopefully they do not respond in time and you can get the case dismissed on this technicality. Otherwise, you'll have to try another defense that is different than the one you used in the trial by declaration.

    Good luck.

  3. #3
    Join Date
    May 2007
    Posts
    3

    Default Re: Speeding Ticket on a Motorcycle in California

    Yes, you are correct 22349, >than 65 MPH.

    How do I go about obtaining a informal discovery request? This is mandatory since I can barely read what is written on the ticket. It appears that no radar was used, there is a statement that he followed me for between two exits, they are one mile apart. Does he not have to follow me continously for one mile in order to get a valid reading from his speedometer? If this is true, how could he possibly do that if there is 6:00PM rush hour traffic is my question.

    Thanks in advacne,
    JT

  4. #4
    Join Date
    Oct 2005
    Location
    California
    Posts
    1,206

    Default Re: Speeding Ticket on a Motorcycle in California

    I agree with the TBD idea. Also, if he truly said he "had to drive 85mph to catch up to you" and there was that much distance between you, it would seem unlikely that you were going 75mph..and impossible that you were going 85MPH.

    Most traffic court judges listen very carefully for inconsistencies. If the cop says that in court, be prepared to point them out.

  5. #5
    Join Date
    May 2007
    Posts
    3

    Default Re: Speeding Ticket on a Motorcycle in California

    I think that is the plan, need to find out how to get the informal discovery request. Can anyone help me with that? I found some forms online but not quite sure which one to use.

    I did the math, if it took him 30 sec. to get into the fast lane and I was doing 85, I would be one mile ahead of him and for him to catch me in one mile, he would have to be doing 60 MPH faster than me, not possible. Court here we come.

    Thanks in advance,
    JT

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Speeding Ticket on a Motorcycle in California

    I don't think that the court is going to treat this as a fifth grade "word problem" from math class, or that the court will accept that if the officer had to accelerate to 85 to catch you (and clocked you at that speed) it necessarily means that you maintained a constant speed of 85 mph. You seem to be stating that you did not.

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