My question involves a speeding ticket from the State of: California
Northbound H/W 101 near Todd Road in Santa Rosa, CA. Divided highway, 3 lanes both directions, 65 speed limit. Carpool lane restriction 3pm to 6pm, motorcycles OK. Overcast, pavement damp.
I’m commuting home from work in S.F. on my motorcycle @ 4:30pm in the #1 (carpool) lane @ 50 – 55mph following 2 cars. The #2 & #3 lanes are stacked up @ approximately 25 -30mph.
Compact pick-up (red, late 80’s/early 90’s) w/2 occupants moves from #2 into #1 ahead of the 2 cars I’m following. Trying to accelerate, black smoke pours from the exhaust of this lousy running pick-up. Holding my breath to avoid the noxious odor of unburned hydrocarbons, I maintain speed and lane split past all 3 vehicles that had gotten up to about 40.
During this pass I see a CHP SUV move off the shoulder into #3, hit his lights and work his way into #1.
In the lead, I’m at 50, watching the action in my mirror thinking I’m about to see a first! The ticketing of a ‘Gross Polluter’. Silly me. He finally gets around the stinky pick-up, turns off his lights and paces me briefly. He moves in close, lights me up and through his loudspeaker tells me he has my plate #.
After pulling over, he tells me I was passing in an unsafe manner. I asked him about the pick-up and he says didn’t see or smell anything.
He writes me up for 22350, unsafe speed for the conditions, as follows:
Speed Approx; 60 (w/80 crossed out), Max Speed; 65 (w/60 crossed out), Safe; 20 (w/60 crossed out).
I ask 'What about the unsafe passing?' He says 22350 is applicable but he could add unsafe passing if I would like. I decline his offer.
I got this $427 ticket 10/30/08. I got an extension on the 'must appear' date of 2/02/09. I'm now due on 4/02/09.
What do you all think. Do I stand a chance in court?
If so, what's my defense? Self preservation?
Any advice would be appreciated. Thanks.

