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  1. #1

    Default Speeding Ticket While on Cruise Control

    My question involves a traffic ticket from the state of: California . My husband was on his way to work at approximately 4:20 am he was pulled over . The officer stated he was going 120 mph wrote him a ticket for 107 mph . My husband thought it was funny since he was set on cruise control at 75 mph in a 70 mph with a steady flow of traffic he was going with the flow so heís not sure why he was the only one pulled over . Anyhow his ticket says Aprox. Speed 107 p.f/max speed 70 but the PF is crossed out Iím assuming this was due to him being on the freeway and freeways have max speed not PF speed but Iím not 100% sure . My question he is driving a newer Hyndi Elantra and since it was on cruse control is there a way to get that info . I mean I know he was over the speed limit by 5 mph (personally never been pulled of for this especially on a California HWY ) but they have him going 37 MPH over the limit which is crazy and not truthful. Anyone have a suggestion on how to fight this or if itís even worth the fight ?

  2. #2
    Join Date
    Sep 2010
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    19,901

    Default Re: Speeding Ticket While on Cruise Control

    No, the P/F is crossed out because he was charged with the maximum speed law. It's not legal to drive over 70 MPH anywhere in California for any justification. Freeways have prima facie limits as well.

    No argument that you had cruise control on is going to be compelling in light of the expert testimony of the cop. It's unlikely that the cop was going to mistake 100+ for 75.
    He'll testify that visual observation and whatever he used to measure the speed (most likely pacing).

    He's facing 2 points and a license suspension. This is a time a lawyer may be useful.

  3. #3
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Speeding Ticket While on Cruise Control

    And let's remeber. You weren't there so you really don't know how fast he was driving or if he had the cruise control on.

    This wouldn't be the first time a spouse lied.

  4. #4
    Join Date
    Jul 2018
    Posts
    2,745

    Default Re: Speeding Ticket While on Cruise Control

    Quote Quoting Audreyventura87
    View Post
    he’s not sure why he was the only one pulled over .
    Because (1) the cop couldn't pull everyone over and (2) your husband did something to make himself stand out (or simply had bad luck).


    Quote Quoting Audreyventura87
    View Post
    since it was on cruse control is there a way to get that info
    I think it's highly doubtful that the car's computer has a record of the speed at which the car was moving at all times, but he certainly can make an inquiry with the manufacturer.


    Quote Quoting Audreyventura87
    View Post
    they have him going 37 MPH over the limit which is crazy and not truthful.
    It's only "not truthful" if you assume your husband is telling the truth. While it is perfectly reasonable for you do make that assumption, the cop and the court will not do that.


    Quote Quoting Audreyventura87
    View Post
    Anyone have a suggestion on how to fight this or if it’s even worth the fight ?
    Being charged for that much over the limit makes hiring a lawyer a necessity.

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