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  1. #1
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    Default Do I Stand a Chance to Fight Ticket

    My question involves a speeding ticket from the State of: California. I was on my way to work in the A.M. I noticed a highway patrol about a 1/2 mile ahead of me with his yellow lights on. After a couple of miles the pack of cars I was with caught up to him. As were going up the hill he exited. When we crested the hill there were multiple highway patrols waiting to nab the speeders.

    I was pulled over with a couple of unfortunate individuals. Don't ask me how the guy in front of me didn't get pulled over. The officer stated that I was going 82 MPH in a 65 zone. I was totally shocked with this since I am not much of a speeder. I am alway constantly looking at my speedometer. When I was handed the ticket it stated that I was going 85MPH. I questioned this and she called back to another officer who was using the radar and he verified that I was going 85. The officer simply stated that "I missed spoke when I said 82". So, this officer pulled me over for speeding and she does not even know how fast I was going? She has to ask the other officer who had the radar gun?

    Could this be argued as entrapment? The highway patrol with the yellow lights was there to slow the flow of traffic. It is pretty safe to say that as soon as a police or highway patrol leaves, people speed up. Is it coincidence that this highway patrol exited right before the awaiting officers? Their goal that morning was to get people to speed so that they can write them speeding ticket! Period!

  2. #2
    Join Date
    Jul 2006
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    5,437

    Default Re: Do I Stand a Chance to Fight Ticket

    Q: Could this be argued as entrapment?

    A: Not even in the same universe.

  3. #3
    Join Date
    Nov 2007
    Location
    Northern California
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    832

    Default Re: Do I Stand a Chance to Fight Ticket

    So you are arguing the CHP Officer "forced" you to exceed the maximum speed limit by making you drive slower than the maximum speed limit?

    Main Entry: enĚtrapĚment
    Pronunciation: \-mənt\
    Function: noun
    Date: 1597
    1 a: the action or process of entrapping b: the condition of being entrapped
    2: the action of luring an individual into committing a crime in order to prosecute the person for it

  4. #4
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    Default Re: Do I Stand a Chance to Fight Ticket

    Quote Quoting sniper
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    So you are arguing the CHP Officer "forced" you to exceed the maximum speed limit by making you drive slower than the maximum speed limit?

    Main Entry: enĚtrapĚment
    Pronunciation: \-mənt\
    Function: noun
    Date: 1597
    1 a: the action or process of entrapping b: the condition of being entrapped
    2: the action of luring an individual into committing a crime in order to prosecute the person for it
    You used the word "forced" and the definition uses the word "lured"

    Yes, we were lured into the waiting officers.

  5. #5
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    Default Re: Do I Stand a Chance to Fight Ticket

    Quote Quoting dduhn
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    You used the word "forced" and the definition uses the word "lured"

    Yes, we were lured into the waiting officers.
    And how were you "lured"?

    You: Your honor, there I was driving down the road at the correct rate of speed when suddenly, out of nowhere, a highway patrolman pulled in front of me and started speeding! I had no choice but to follow him! And that is why I am not guilty.

    (Pause)

    Your honor? Your honor?


    Bailiff: He's rolling around on the floor behind the bench laughing.

  6. #6
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    Southern California
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    Default Re: Do I Stand a Chance to Fight Ticket

    Thats pretty funny.

    "Alright guys, we are going to give out some speeding tickets this morning."
    "Sir, How are we going to do that?"
    "We'll have a cruiser on the freeway for a couple of miles with flashing yellow lights, and have it exit right before before it gets to us. Guaranteed to get them to speed."
    "That's brilliant Sir. Everyone knows that as soon as Highway Patrol exits the freeway, everybody speeds up."

    No, I(we) was not forced into speeding. However, I feel that we were lured into speeding with a cruiser exiting right before the waiting officers.

    And now the explination for why this is not entrapment is?

    Their goal was to get us to speed so that tickets can be handed out. This situation is very similar to Sniper's definition.

  7. #7
    Join Date
    Mar 2007
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    Default Re: Do I Stand a Chance to Fight Ticket

    Quote Quoting dduhn
    View Post
    Thats pretty funny.

    "Alright guys, we are going to give out some speeding tickets this morning."
    "Sir, How are we going to do that?"
    "We'll have a cruiser on the freeway for a couple of miles with flashing yellow lights, and have it exit right before before it gets to us. Guaranteed to get them to speed."
    "That's brilliant Sir. Everyone knows that as soon as Highway Patrol exits the freeway, everybody speeds up."

    No, I(we) was not forced into speeding. However, I feel that we were lured into speeding with a cruiser exiting right before the waiting officers.

    And now the explination for why this is not entrapment is?

    Their goal was to get us to speed so that tickets can be handed out. This situation is very similar to Sniper's definition.
    Your argument is that since everyone speeds up the moment a visible officer exits, you shouldn't be held accountable for speeding up?

    I really don't think that will hold much water.

    Granted, it sounds like you were played... but not in an illegal way.

  8. #8
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    Nov 2007
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    Northern California
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    Default Re: Do I Stand a Chance to Fight Ticket

    Quote Quoting dduhn
    View Post
    Their goal was to get us to speed so that tickets can be handed out. This situation is very similar to Sniper's definition.

    I cant take the credit, Merriam-Webster defines it as such.

    To your original question, the officer did not "lure" you into anything you did not want to do.

    Non-speeder: "No officer, I don't want to speed"
    Officer "Oh come on and speed, I'll tell you what, I'll exit the freeway and you can speed all you want."
    Non-speeder "Well, you woln't give me a ticket, but don't you think someone else will?"
    Officer "No way! I'm the only one out here. The freeway is yours to speed on."
    Non-speeder "Well, officer, if you put it that way I guess I'll go ahead this time and speed, even thought I don't normally speed."

    THAT, would be entrapment. The officer simply existing on the freeway, then exiting the freeway....is not.

    Seems like you assumed that that was the only CHP Officer on the freeway at that time. You sped up (and exceeded the maximum speed limit) to make up for lost time and you got nailed for it. You, or anyone else, did not get your arm twisted into speeding. Plain and simple.

    You are free to argue your defense however you want in court. Seems like people are saying this argument will not hold any sort of weight in court, but, its your defense. Good luck.

  9. #9
    Join Date
    Feb 2009
    Location
    Southern California
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    Default Re: Do I Stand a Chance to Fight Ticket

    Is there a difference between a 20 mph over limit as opposed to a 10 mph? Is there any way I can argue the speed? I know that there was no way that I was doing 85. If not I guess I'll pay the fine and be done with it.

    Thanks

  10. #10
    Join Date
    Mar 2007
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    Default Re: Do I Stand a Chance to Fight Ticket

    Quote Quoting dduhn
    View Post
    Is there a difference between a 20 mph over limit as opposed to a 10 mph? Is there any way I can argue the speed? I know that there was no way that I was doing 85. If not I guess I'll pay the fine and be done with it.

    Thanks
    In speeding cases, it is almost ALWAYS worth it to go to court and see if you can get the speed lowered.

    It also isn't a bad idea to ask about the method of speed calculation, the calibration of the equipment and the like.

    You may not dodge the bullet, but you may be able to make it a flesh wound.

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