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  1. #1
    Join Date
    Sep 2009
    Posts
    1

    Default If a Cop Lied on the Ticket and Admits It in Court Can I Use It Against Him

    My question involves a speeding ticket from the State of: California

    A CHP officer pulled over my husband for going 100mph in a 65 zone. The cop told my husband he would write the ticket for 80mph. But then the cop said if my husband tried to fight it in court he would tell the judge how fast he was really going. So my question is, can my husband use that against him? If my husband asks for the proof of speed the officer can't supply it and if he states that he lied about it on the ticket, that will question the cop's intregrity and my feeling on it is that the judge would dismiss it on grounds of perjury. Am I correct? Help!!!

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: If a Cop Lied on the Ticket and Admits It in Court Can I Use It Against Him

    So, your defense of a ticket for 80 is to say that the cop gave you a break when you were really going 100?

    To do that, you would have to testify, in court, that you were going 100.

    You need to think that defense out a bit.

  3. #3
    Join Date
    Aug 2006
    Posts
    563

    Default Re: If a Cop Lied on the Ticket and Admits It in Court Can I Use It Against Him

    as long as they dont ADD mph onto your ticket.

    they can subtract. beacuse in fact if you were going 100 you had to do 80 first to get upto 100.

    so it's true..you were going 80?...and 85 ....and 90...and 95...etc

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: If a Cop Lied on the Ticket and Admits It in Court Can I Use It Against Him

    How will cutting your husband a break affect the officer's credibility?

    If it goes to trial, the officer correctly advised that he would tell the court how fast your hubbie were really going ... "Yes, your honor, I [paced/radared] him at approximately 100 miles per hour ... I wrote him a citation for 80 MPH so as to keep him within the lowest fine band because I thought he was a nice enough guy."

    If your husband is found guilty of a speed higher than 81 MPH, he may have to pay close to $100 if found guilty as that will bump the fine into the next penalty band.

    Your husband might want to reconsider this defense. There are ways to challenge the citation by challenging the radar itself and the officer's training, the officer's speedometer, the metho dof a pace, position of the officer, etc., but your idea is NOT the way to do it.

    - Carl

  5. #5
    Join Date
    Apr 2009
    Location
    SF Bay Area
    Posts
    625

    Default Re: If a Cop Lied on the Ticket and Admits It in Court Can I Use It Against Him

    agree with cdw on this one - by putting down 80 instead of 100, the officer gave him a break of $200+ based on speed alone. You husband would also be eligible to attend traffic school, as well, which he wouldn't be able to attend if he got cited for 100 (NOT 100+) in a 65.

    I'd say take traffic school on this one if at all possible. If the officer testifies that he gave the driver a HUGE break like this, the judge could bump up the fine. Most judges take a very dim view of speeds like that.

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