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  1. #1
    Join Date
    Feb 2009
    Location
    san jose, ca
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    17

    Default Speeding Ticket in California

    My question involves a speeding ticket from the State of: ca.
    I received a speeding ticket last nite, sat., 20th of Feb., from a chp, who states I was doing 101 mph, on I 80 westbound just out of truckee. The traffic was so heavy and slow, I couldn't keep sixth gear in, it begins at 62 mph. The speed limit is 65.
    The officer opened with the question, "Do you know you just passed me going 101 mph?" I replied, "you must have the wrong corvette". Now this is what I find real interesting, he said "Oh I know you people in your corvettes who take them out to Nevada to let them out!" And with that he turned around and returned to his car and wrote the ticket. When he came back he asked if I was claiming to be going the speed limit, and ofcourse, I did. When I said I had never taken the car to 100 mph, he replied, "Tell it to the judge."
    How many times do you think a speeding tic is given with that kind of mileage? What kind of an idiot says 101, instead of 100? or, 90, or any figure, why did he deliberately state 101? What exactly are the penalties regarding the extra mile? He marked the box for radar/lidar unit. It was 7 at nite, they do radar at nite?
    My court date is 4/3/09. Do I immediately take the steps to contest, or wait, or send for the radar reading first? confused:mojo

  2. #2
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    Feb 2008
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    Default Re: Rediculous Accusation

    What section of the vehicle code did he charge you with???

  3. #3
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    Feb 2009
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    san jose, ca
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    Default Re: Rediculous Accusation

    Quote Quoting EWYLTJ
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    What section of the vehicle code did he charge you with???
    code and section are 22348(b)vc exc. 100 mph

  4. #4
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    Feb 2008
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    Default Re: Speeding Ticket in California

    Well... that could actually be a good thing for you. Keep in mind, you were not cited for doing 36mph over the limit... you are cited for doing 1mph over.

    First thing you should do is a discovery request. I'd be really interested to see the most recent calibration results and the amount of error that was deemed acceptable. After all, you are talking about less than a 1% error. Get that first... if it doesn't say what you would like for it to say, then you should consider alternatives.

    This is truly a stupid ticket. The cop should have written you for 22349. However, this is even more silly than the cop writting you for doing 66 in a 65. Get the discovery request going and come back here when you get the results.

  5. #5
    Join Date
    Nov 2007
    Location
    Northern California
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    832

    Default Re: Speeding Ticket in California

    Quote Quoting EWYLTJ
    View Post
    Well... that could actually be a good thing for you. Keep in mind, you were not cited for doing 36mph over the limit... you are cited for doing 1mph over.

    First thing you should do is a discovery request. I'd be really interested to see the most recent calibration results and the amount of error that was deemed acceptable. After all, you are talking about less than a 1% error. Get that first... if it doesn't say what you would like for it to say, then you should consider alternatives.

    This is truly a stupid ticket. The cop should have written you for 22349. However, this is even more silly than the cop writting you for doing 66 in a 65. Get the discovery request going and come back here when you get the results.
    Well, since 65 MPH is the statewide MAXIMUM SPEED unless otherwise posted, yes, he was driving +36 over the limit. He was however cited for driving in excess of 100 MPH, which has unique penalties unlike 22349(a) VC.

    Sure, he can discover the world, but is the radar certificate shows it is accurate down to the MPH, what are the alternatives you mentioned?

    This is truly a stupid ticket.
    On who's part?

  6. #6
    Join Date
    Feb 2008
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    1,622

    Default Re: Speeding Ticket in California

    Sniper,

    The OP wasn't cited for exceeding 65mph, he was cited for exceeding 100 mph. The cop claims he was doing 101. That would be the eqivilent of writing someone for 66 in a 65. Being the reasonable cop that you are, I would imagine that you would have probably written the guy for 22349 thereby solidifying your chance of a conviction as he would have been charged with 36 over.

    As far as alternative defenses, my recommendation is that the OP look for the low hanging fruit first. No need to do anything else if the calibration doesn't support the cop's position.

  7. #7
    Join Date
    Feb 2009
    Location
    san jose, ca
    Posts
    17

    Default Re: Speeding Ticket in California

    Quote Quoting EWYLTJ
    View Post
    Well... that could actually be a good thing for you. Keep in mind, you were not cited for doing 36mph over the limit... you are cited for doing 1mph over.

    First thing you should do is a discovery request. I'd be really interested to see the most recent calibration results and the amount of error that was deemed acceptable. After all, you are talking about less than a 1% error. Get that first... if it doesn't say what you would like for it to say, then you should consider alternatives.

    This is truly a stupid ticket. The cop should have written you for 22349. However, this is even more silly than the cop writting you for doing 66 in a 65. Get the discovery request going and come back here when you get the results.
    haven't hrard from Truckee as to the discovery I mailed two days ago, didn't expect to, but have more questions. Why can't someone tell me if the use of a radar/lidar unit is common place at nite? Also, where can I go to get a record of traffic conditions on that nite? confusedmojo

  8. #8
    Join Date
    Feb 2009
    Location
    san jose, ca
    Posts
    17

    Default Re: Speeding Ticket in California

    This is for Sniper.
    You are assuming guilt on the OP's part, not so. I wasn't speeding even a mile over the limit, there is no basis for this tic. I can't figure why he even stopped me, the traffic was simply too heavy for anyone to speed.
    confusedmojo

  9. #9
    Join Date
    Feb 2008
    Posts
    1,622

    Default Re: Speeding Ticket in California

    I think the use of radar/lidar is common anytime... why wouldn't it be? I have no idea where you could get a record of traffic conditions on that night. I doubt specific records like that are kept. Why don't you just say what you are trying to accomplish?

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