I got a ticket for allegedly driving @ 85mph in a 65mph posted highway. The CHP officer who wrote the ticket said he used a TruSpeed 20/20 LIDAR (http://www.lasertech.com/TruSpeed-Laser-Speed-Gun.aspx) to make the measurement. I think I was driving @ 65mph on the left lane, and he had lit up a nearby car in my right lane instead when he tried to hit me with the LIDAR from the right entrance ramp.
This is apparent from the fact that after I crossed over and stopped, he verbally asked me whether I noticed that two cars behind me had to slam on their brakes when I was crossing over to the right lane (if they were not going faster than me, they would not have to slam on their brakes when I entered their lanes).
But the most interesting thing is that after he stopped and gave me the ticket he forgot to return my driver's license -as he is required by law to have done. I noticed after a full 12 hours that my driver's license was missing. Then I called CHP and reported the mishandling by the officer. Only after that he called me and left me a message (which I still have) admitting to the error in not returning my driver's license after the stop, and that he made the mistake because "it all happened so fast" (his words on the voicemail recording). Late that day he mailed me my driver's license. After that I called CHP again to file a complaint of misconduct against that officer -which is now going through an internal investigation.
Question is, how can I make a case for dismissing my citation using this incident as evidence that the officer was not paying attention or was negligent in his duties at that time -and hence was likely not really paying attention to which car he was lighting up with his LIDAR?
I would like to hear if anybody has had experience in arguing (and winning) a case like this, or any advice on how to plead the right way to maximize the chances of winning in this case.
This is apparent from the fact that after I crossed over and stopped, he verbally asked me whether I noticed that two cars behind me had to slam on their brakes when I was crossing over to the right lane (if they were not going faster than me, they would not have to slam on their brakes when I entered their lanes).
But the most interesting thing is that after he stopped and gave me the ticket he forgot to return my driver's license -as he is required by law to have done. I noticed after a full 12 hours that my driver's license was missing. Then I called CHP and reported the mishandling by the officer. Only after that he called me and left me a message (which I still have) admitting to the error in not returning my driver's license after the stop, and that he made the mistake because "it all happened so fast" (his words on the voicemail recording). Late that day he mailed me my driver's license. After that I called CHP again to file a complaint of misconduct against that officer -which is now going through an internal investigation.
Question is, how can I make a case for dismissing my citation using this incident as evidence that the officer was not paying attention or was negligent in his duties at that time -and hence was likely not really paying attention to which car he was lighting up with his LIDAR?
I would like to hear if anybody has had experience in arguing (and winning) a case like this, or any advice on how to plead the right way to maximize the chances of winning in this case.
