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Old 11-08-2008, 09:37 PM
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Join Date: Nov 2008
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excessive speeding on I-5 in California

Greetings and thank you for reviewing my situation and your advice.

I have recently been stopped by the CHP for speeding on I-5 heading south towards Los Angeles. I noticed the patrol car behind me while I was following a sedan in the left lane, both of us passing a truck. I pulled over and after having been asked for DL and registration, the officer left for his patrol car. When he returned he handed me a ticket noting that I had been found driving at 102mph (speed limit was 70mph.) I was in utter disbelief (and so were my two traveling companions - sister and her partner) about the speed he listed on the ticket and told the officer so. While I have caught myself speeding (especially on I-5) I have not once in my entire life driven at 102mph, and not once received a ticket for speeding in the 15 year that I am living in the US.
When I asked the officer for a printout of the shows the speed I was driving at, he said it was measured by a radar gun. I don't know at what point he measured my speed but when I noticed the patrol car behind me, I was driving at approximately 85mph. I signed the "Notice to Appear" under protest, and was advised I had to appear in court and could contest the ticket there. The CHP officer could not give me any details about the court appearance (date, time, etc.) nor the procedure for the protest. He simply advised me I would receive a notice with further instructions by mail. As of now, I have received a "Notice of Correction and Proof of Service" indicating the location of the traffic violation needed to be changed from what the ticket listed (northbound is on the ticket, southbound is correct) and payment instructions for the bail amount ($878.00) in addition to the "Notice to Appear" I was initially handed. The incident happened last month; I am becoming nervous about the court date and have emailed the court clerk on Friday to check on my scheduled court date.

I would like to contest the ticket because I sincerely believe the radar reading was incorrect and can provide witness statements - will I stand any chance? Oh yes, and then there is the issue of the location - I live in San Francisco and will have the court appearance in Coalinga, Fresno County - that is one long drive...
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Old 06-22-2009, 03:40 PM
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Join Date: Apr 2005
Posts: 360
Fighting a Ticket

This article is very helpful for situations similar to yours: Fighting a Traffic Ticket Lawyers
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Old 08-06-2009, 11:23 AM
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Join Date: Apr 2009
Posts: 21
Argue the facts to the judge, its about all you can do if you want to fight it. As long as the judge does not feel that you are wasting his or her time, then they will listen to you with an open mind. If it helps you figure things out, draw out pictures of what the scene looked like, ask the citing officer where he was when he took your speed on the radar gun, look to see if there could have been any obstructions in the way, or if the radar could have bounced off of something that gave a false hit. Check to see if the officer's credentials are up to date on using the radar gun (I believe that officers must go through period training with these devices, and if your citing officer has not, a judge will listen to this closely because that is the letter of the law).

Many times the citing officer will not show up to the court. When this happens, it is often the case that the judge will dismiss the ticket.

It is a long drive, but if it is worth fighting it to you, then do it. It also often happens that if the judge feels that you have made a persuasive argument (perhaps bring your witnesses with you as well), but still believes that you were speeding, he or she may reduce your fine/impose traffic school to avoid points on your license. Again, this is all at the judge's discretion, but it is probably worth showing up if you feel that you have good arguments.

Lastly, when you are in court, just remember that the judge is a person who puts on pants one leg at a time, just like you. Just talk normally, show respect to the judge, tell the story from your point of view.
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