Tonight, I got pulled over by a CHP. I was on the freeway exited off near my home. My car was stopped at the traffic light at the intersection before a motorbike cop drove up behind and told me to pull over. He told me I was speeding, I didn't say anything and gave him all documents to write up. When he came back with the ticket and instructed me to sign without admitting guilt. Before I sign I saw he wrote in the infraction box "exceeding 65 mph". What's that suppose to mean? I was doing 66 mph, 75 mph, 100 mph!

I was already slowdown 1/4 mile to the exit. Do you think he couldn't not clocked me at exact speed? Or caught me speeding that why he wrote like that!

 

If you look on your citation, did he cite for 22349 (a)CVC? The only burden of proof that he needs to show to the courts is that you exceeded the California Prima Facia speed limit of 65MPH on a highway.

 

Yes, it's 22349 (a) VC. Can you explain more specific? Thanks!

 

get a lawyer, not sure what u expect to get from posing the ?s here

 

I just want your opinions if you can spare. I know about getting a lawyer!

 

He might have saw you going excessively fast on the freeway and merely calculated that you were going way above 65. Most speeding tickets given in OC freeway is done by pacing/visual.

sorry to hear peter. kind of sucks since most everyone go "above 65" on 405

 

Section 22349 (A) CVC of the California Vehicle Code, is the section that CHP uses to primarily cite violators for speeding. Local cops use 22350 CVC, to cite for speeding vehicles. Any peace officer can use either of the sections I have cited above, except if they use 22350 CVC, they need to show that the speed was unsafe based on the traffic conditions when the citation was issued. Under the 22349 (a) CVC section, the peace officer only has to prove that you exceeded the maximum California highway speed limit of 65MPH.

 

To obtain your speed, he can estimate visually but he will need to articulate a speed confirmation either by RADAR or Pacing you. If he indeed paced you, if you were to take him to court, then basically it's his word against yours.

 

How would this ticket determine his fine / penalty (since there is no specific speed or mph over the limit) assuming he would not contest it in court? Would they still send him a detailed instruction or confirmation letter in the mail?

 

now we got armchair qb traffic lawyers all piping in... which gets you... nowhere. call your lawyer dude. it's a waste of time and completely off-topic.

 

If it's time you are worried about, dont reply to a thread that you have no input in. Me, I got all the time in the world, it's monday.

I personally would like to know what other user's situations ended like. Who got tickets? Who got off of them for the same infraction? How? The guy already said he knows he can hire a lawyer but if someone replies that it is an easy ticket to beat or if it only costs 15 dollars in court, why bother?

Not to mention, this is a porsche forum, it's not like lawyers are hard to come by.

 

Can you beat the ticket if you appear in court and the California cop does not show up? (It often works that way in Ohio traffic court.)

The unfortunate thing about attorneys is that even though we can benefit from their services, there are often situations where their services are not cost effective.

Attorneys also seem to be one of the few entities that do not adhere to the laws of supply and demand. There are countless thousands of attorneys in the phone book, yet their services are still very, very expen$ive.

I should have gone to law school!

 

There is nothing a Lawyer can do for you in court that you can't do for yourself. Unless you are imtimidated by the court system, feel free to hire someone to hold your hand (Lawyer). A lot of people don't know this but the judge in traffic court really is not a judge. If you look closely at his title by his or her name it says "commissioner."

 

kre8tive202,

So let say we are both in front of the judge, I tell the judge I was doing 67 mph, the officer says 70 mph. What would be fair for the commissioner to decide? As I know, every follow up letter for court appearance or pay by mail has to calculate the exact speed over the limit to cited for the dollars amount for me to pay so how should they calculate this to come up with the dollars amount for the infraction? Thanks!

 

Daytrader,

On your citation, there should be a box that states your actual speed which he (CHP Officer) believed you were traveling. If it says 65 +, the CHP officer did you a favor (well if you can call it that). If it does say 65+, the courts will impose teh minimum fine. What the minimum fine is all depends on the highway, county, and any special enforcement areas.