On memorial day weekend (Friday) on my way to Vegas from LA I got a ticket from highway patrol in Victorville. The speed limit was 70 and I merged from the slowest lane (3 lane freeway) into the middle lane. Then I saw the police car at the leftmost lane but passed it nevertheless on cruis control doing 71-73 MPH. I was pulled over and cited for 80MPH, a gross exaggeration.
My first defense: Victorville is about 150 miles (2 or more hours depending on traffic) from my home and I have read about a great motion – change of venue. I am going to move the case to LA and I am sure the officer won’t show up, especially since he was friendly with me and accepted my argument that I was just going with the flow.
If he does show up: I had two passengers and a dog in my car. I had never had a speeding ticket before. I could clearly see the police car even many cars back. The only reason for speeding was conservative driving. Cars behind me hadn’t seen the policeman and since it was a holiday weekend and people had just left a heavy traffic, they were agitated with anyone driving slowly and would pull up very close. To avoid this I speeded up a little. I wasn’t afraid to pass the police car because assumed he would understand the situation and that the flow was going faster than I was. His main argument has to do with ego – he said “but you passed me.”
I have requested full disclosure of any info concerning my ticket. They claim the speed was determined by pacing. That should weaken the officer’s clain since he was able to “pace” me only AFTER I passed him. Yeah right, and I did 80! I hope the judge will see that the problem here is ego, not speed. My motive for speeding after passing the policeman is farcical.
New CA law allows vehicles to travel 3 MPH over speed limit (as of July 1, 2007).
Anyway, I think I have a solid case. If I lose, I will appeal. Do you have any other suggestions for me? I have already requested the procedures used in pacing via registered mail.
I have also received the second speeding ticket just today. This one is legitimate, but I was rushing to Dell to get a laptop for school because a great deal was about to end (I have printed website info and told the officer about it also). The officer was cool and said that he doesn’t have a problem with that and that I should discuss that with the judge. What do you think are my chances here? I think that if he was not being a hypocrite, then the judge shouldn’t mind about it either. I was doing allegedly 85 on a 65 zone (in LA). Also, I think he wrote down the wrong code (rookie) – 22349(a)VC instead of the 22356(B)VC one (as on my other ticket).
I hope I can get some constructive feedback. If these tickets go through, my insurance might not be affordable for me. Another argument against my speeding could be that my car is only a 4 cylinder civic, far from a sports car.
Also, you guys are wrong about traffic school after being found guilty. You ALWAYS have the right to it. Just mention California Vehicle Code 41501 and you’ll be set. Some judges don’t know about this either, so you’d be better off to bring a copy of the code.