Unfair ticket

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friedice

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Ok, here is my story. It was 2am and I was going on an expressway where the speed limit is 50mph. I was going around 60 (I usually speed 10 over the limit, but anyways). I passed an intersection after which an expressway becomes a regular street and the speed limit is 35. I know this perfectly, as I drive on this street eversince I got a license (6 yrs now). So as I was crossing an intersection, I slowed down to about 45mph. As I was going down the street, I saw a car behind me quickly approaching. Since I'm always cautious of cops, still not knowing that it was actually a cop though, I slowed down to about 40, figuring that at this hour it is unlikely someone would stop me for going 5 over (although possible). The car kept on approaching, so I slowed down to 35, but as the car got close to me, I saw a red light turn on in my rear view mirror. I pulled over and the cop (a woman) came over and asked me if I know what I'm being stopped for. This is a rediculous question by the way, cops look really unprofessional when they ask that. As if she didn't know what she stopped me for and she was asking me, hoping I would know. Come on! So I said, "probably speeding." Then she started asking me all these questions like: Have I been convicted of anything, am I on probabtion etc. Then she looked into my eyes with a flashlight as the optometrists would do, probably to determine whether I'm on drugs or drunk or whatever. I guess it was kind of reasonable, although I find it a bit surprising, because during the numeruous times I've been pulled over before, nobody ever did that. And my behavior was not odd by any means. So anyways, she asked for all those things, license registration etc. And in 5-10 minutes came back gave me a ticket to sign. Ok, here is the grand finale part and THE MOST IMORTANT ONE!! I was curious how did she determine my speed and I asked whether she caught me on a RADAR. She said "no", the way she got the speed was by having to chase me at 85mph to catch up to me. And she said that I was going 60. Since I know I was going 60 before the intersection, I asked exactly this: "Was it before the intersection?" She said "no" (!!!!!) it was after! And I sincerely know that I was not going that fast after an intersection! So I told her that I don't see a logic behind her reasoning and it was very unfair. But I did go ahead and sign the ticket. As she was leaving, I called her once again and asked, "Can I ask you one last question?" She came back. I said, "How long have you been a patrol officer? She said, "What does it have to do with anything?", I said "I'm just curious, you don't have to answer." She said, "Then I won't", and took off.

Ok, lastly, here is my conclusion. First of all, this chasing at 85 miles thing doesn't make any sense. So according to her logic, if she was gong 125, that would have meant that I was going 100 on a street? I heard that the cops have to undergo a special training and get a certain certificate which says that they are qualified to estimate the speeds without radar. In order to get the certificate, every time they have to be accurate within 3 miles, I think. And this training involves a cop standing and watching the cars pass by (correct me if I'm wrong). In this case, she was chasing me from behind, which makes it a lot more difficult to estimate. At a traffic school I heard once someone contested a similar situation and won. So definetely I'm going to contest that. Secondly, if I would be an officer (as unlikely as it is), I would probably be proud of my job and if someone asked me what is my experience, I wouldn't hesitate to answer. She refused to answer, as though she is ashamed of it, or doesn't have much. She looked like 25-30 years old. Thirdly, on a ticket where it should say citing officer's name and badge number, there is a blank. So I don't even know her name. Can this be a reason for dismissal? Forthly, the violation code is 22350 which is actually a basic speed law, and in the description it says excess speed. I'm not sure if this is a correct point, but isn't excess speed a separate violation? If so, there is another reason to contest it. If a cop cites you with a wrong violation code, the case should be dissmissed. However I'm not sure about this point.

So as you can see there is a number of questionable issues here. The cop seemeed pretty fresh and incompetent to me. But what could I do? When describing this, I tried to be as objective as possible, because I know that in these situations people tend to be biased. I would appreciate if anyone could advice me on how to go about this violation in court. What should I say etc? I'm certainly going to pleed "not guilty." I'm sorry if I was too wordy, It's just I got this ticket less than two hours ago, and everything is fresh in my mind right now, so I have to free it up before I go to sleep. Thanks for reading this and thanks in advance for your help.
 
Just want to clarify something. it is written as a violation section 22350 in California Vehicle Code. It goes like this:
"No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property."

In the description of the violation on the ticket itself it says, "excess speed."
 
22350 California Basic Speed Law

22350 is the California basic speed law and the most common violation. There are a lot of ways to contest and beat a citation issued under this statute. It would be impossible to go into a full discussion on this forum.

The first thing you have to decide is if it is worth the time and effort to contest the ticket. If that is your decision then send me an email and I can provide some resources that will help you in your research and preparation for trial. Decidiing to contest the ticket is purely and economic decision and should not be based on your emotion regarding the traffic stop.

Most people charged under the 22350 California basic speed law decide to attend an online traffic school and the speeding ticket will not show on their record. You should receive a courtesy notice in a couple of weeks that will tell you if you are eligible. Here is a link for more information:
CALIFORNIA TRAFFIC SCHOOL
 
I think it is worth the time and effort. First of all, I got a few tickets in 2003, and although I went to traffic school for all of them and they don't count towards my DMV license suspension, they still count for insurance purposes, because I'm only eligible to go to traffic school once every 18 months for it to fully count. So at the end of this insurance term, they will already see my 4 points and if you add this one it will be 5. I'm already paying double for my insurance with 3 points this year.
Secondly, even though you are saying my decision should not be based on emotion, it is a matter of principle to me. Like I said, previous tickets I got were more or less deserved. However, this one is so unfair and unjust, I just can't let it go without fighting.

So having said this, how do I contact you via email? If possible, I also would like more information on how to deal with this "pacing" thing that she used to detect my speed. And do they have to be certified to do that? And finally, is ticket unsigned by the cop any good? Thanks.
 
lwpat,
here I am, 5 months later and I need to turn in the Trial by Written Declaration in which I should state all the facts. I wasn't able to send you an email, so I forgot about this, but now I actually need it. Here is my email: fried_rice2010@yahoo.com Please send me the info on the resources on how to fight this ticket. Thanks.
 
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