speeding ticket advice
#1
speeding ticket advice
My wife just called. She is on her way to our home in LaQuinta and got a speeding ticket on I 10 just past the Palm Springs turnoff as you go down the hill past the rest area. She said that as she started to go down the hill she saw about 6 CHP cars parked on the right so she and all of the other cars around her slowed down. When she first saw them she was in the #2 lane just following traffic and probably going about 80 - 85. She had slowed to about 72 when she went by them.
As they went by the cops they all pulled out and pulled over about 6 cars and wrote them all up. The cop said that they had gotten her going 85 a few miles back by a CHP airplane!!! She never heard a peep from the Valentine 1 nor did she see a plane. She told the cop that she was going maybe 75 but not 85. He offered no proof but simply said that they were doing a crackdown using the airplane today and writing up everybody that they stopped.
So here's my question as I have never experienced this situation before. Do you think it would be wise for her to fight this ticket? Usually when you get a speeding ticket it's because the cop had tracked you visually for a few miles or he got you on radar. With a V1 it's pretty hard for them to get you if your careful and if they get you visually shame on you but wheres the proof from the airplane?
She doesn't need to take the time to go somewhere in Riverside county to fight this if the cop shows up and says the guy in the airplane says she was going 85 and the judge says end of story but don't they have to show something like they do with a normal radar ticket?
I appreciate your advice.
As they went by the cops they all pulled out and pulled over about 6 cars and wrote them all up. The cop said that they had gotten her going 85 a few miles back by a CHP airplane!!! She never heard a peep from the Valentine 1 nor did she see a plane. She told the cop that she was going maybe 75 but not 85. He offered no proof but simply said that they were doing a crackdown using the airplane today and writing up everybody that they stopped.
So here's my question as I have never experienced this situation before. Do you think it would be wise for her to fight this ticket? Usually when you get a speeding ticket it's because the cop had tracked you visually for a few miles or he got you on radar. With a V1 it's pretty hard for them to get you if your careful and if they get you visually shame on you but wheres the proof from the airplane?
She doesn't need to take the time to go somewhere in Riverside county to fight this if the cop shows up and says the guy in the airplane says she was going 85 and the judge says end of story but don't they have to show something like they do with a normal radar ticket?
I appreciate your advice.
#4
I was pulled over the same way here in FL actually at the same speed 85!!!!! As Gary said, both the Pilot and the officer that wrote the ticket have to show at the court date. I gave the ticket to my attorney and a month or so later recieved a letter that one of the officers didn't show and it was throw out...
FIGHT IT!!
Evan
FIGHT IT!!
Evan
#5
Interesting! I can't imagine that they would both show up but if they did I assume that it's her word against theirs and she loses. If either one of them doesn't show I can't see her losing because "where's the proof"?
Thanks much!
Thanks much!
#7
Arplane
The sad news is that the CHP has been running that racket for many years in the area. The 60 @ Jack Rabbit trail was a popular place for the CHP to issues tons of citations. Sounds like the I10 has some well placed markers.You will probably have to appear in the beautiful city of Banning. I doubt you can beat the deal, i sure wouldn't bet they won't show up.
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#8
In some states they have marks on the shoulder and they time you from the plane and calculate your speed. I think that here in Cali they actually have to pace you with the plane to determine your speed. (I see it a lot driving down the hill from Tahoe.) To me, that method seems far less accurate, especially if they're pulling over whole groups of cars and making the assumption that they're all going exactly the same speed.
If you've got the time, I'd fight it. Even if the cops show up, you should be able to raise enough legitimate questions to put some doubt in the judge's mind and get it tossed.
If you've got the time, I'd fight it. Even if the cops show up, you should be able to raise enough legitimate questions to put some doubt in the judge's mind and get it tossed.
#9
I asked her exactly what was written on the ticket. She said "approximately" 85 mph. WTF? I'll wait to see what court it will be at. She was real close to Palm springs at the time.
#10
From my experience with ticket fighting, I've realized that the judge is always partial to the cop no matter what.
On one specific occasion a LONG time ago, I received a speeding ticket while driving a black Accord late at night on my way home. The street was dimmer than most and I was doing 50 mph in a 45 mph zone. I noticed in my rearview mirror that a car turned onto the street I was on about 1 to 2 blocks back - I was the only car on the road at the time I noticed this. Long story short, the car caught up really quick and the lights started flashing. I was told I was doing 60 in a 45 zone.
In court, I was able to prove that the cop had to have gone 100+mph to catch up to me. I was hoping that at this speed, the judge would side with me in thinking that at 100+mph, estimating my speed would be extremely difficult and in the time it took for the cop to catch up to me, sufficient pacing didn't take place.
The judge said that the cop was highly trained and therefore took the cop's side and I lost.
On one specific occasion a LONG time ago, I received a speeding ticket while driving a black Accord late at night on my way home. The street was dimmer than most and I was doing 50 mph in a 45 mph zone. I noticed in my rearview mirror that a car turned onto the street I was on about 1 to 2 blocks back - I was the only car on the road at the time I noticed this. Long story short, the car caught up really quick and the lights started flashing. I was told I was doing 60 in a 45 zone.
In court, I was able to prove that the cop had to have gone 100+mph to catch up to me. I was hoping that at this speed, the judge would side with me in thinking that at 100+mph, estimating my speed would be extremely difficult and in the time it took for the cop to catch up to me, sufficient pacing didn't take place.
The judge said that the cop was highly trained and therefore took the cop's side and I lost.
#11
Here's how I got out of a ticket issued by a road patrol as reported by an airborne cop.
The ticket was not signed by the airborne cop. IT MUST BE SIGNED (at least in my state) by the witness officer otherwise the cop who actually wrote the ticket is operating on heresay evidence. A printed name of the airborne cop is not sufficient. So, check the ticket by requesting a copy form the state. Then check to see if it is signed by airborne CHP. If not, you may have a chance, otherwise, you will need another line of defense.
I'd fight it anyways. A surprising number of tickets are thrown out by just showing up with an attorney. True, you will spend the same or slightly more on the atty but it won't show on your record or affect your insurance. I FIGHT EVERY TICKET with an attorney and have won every time.
The ticket was not signed by the airborne cop. IT MUST BE SIGNED (at least in my state) by the witness officer otherwise the cop who actually wrote the ticket is operating on heresay evidence. A printed name of the airborne cop is not sufficient. So, check the ticket by requesting a copy form the state. Then check to see if it is signed by airborne CHP. If not, you may have a chance, otherwise, you will need another line of defense.
I'd fight it anyways. A surprising number of tickets are thrown out by just showing up with an attorney. True, you will spend the same or slightly more on the atty but it won't show on your record or affect your insurance. I FIGHT EVERY TICKET with an attorney and have won every time.
Last edited by Captain Tal; 05-26-2005 at 01:23 PM.
#12
Good advice, thanks! If it were just her that got pulled over and written up I would probably not reccommend that she fight it but the 6 car thing puzzles me. did the airborne cop really write down all 6 descriptions with the same speed or what? I think it's worth a shot to see what happens in court.
Thanks.
Thanks.
#13
I think you should definitely fight it. Esp. if it says "approximately" on the ticket. How can one guy in a plane track 6 +/- cars at once?!? 2 officers, maybe. Rehearse what you are going to say in court and get all the fact straight and add a little twist to it in your favor Dont be afraid to call them out if they seem uncertain
#14
Good advice. The funny thing is that she was just cruising over there in our Range Rover with our 2 dogs, not in a hurry at all. We go back and forth most weekends and in the Porsche or the CLS55 we usually go a whole lot faster, especially if we are driving both cars The airplane thing adds a whole new element to the drive over there now
#15
in CA, 99.9% of the time the cop will show. trust me, i have done this way way too many times. if your defense is hoping cops not show, don't bother.
if your defense is entrapment or "approximately" 85mph, forget it, the judge is partial to the cops.
most likely if cops showed, you will lose. however, if you can find a good traffic attorney, you have a fair chance. but they are 10x more expensive then the tix.
if your defense is entrapment or "approximately" 85mph, forget it, the judge is partial to the cops.
most likely if cops showed, you will lose. however, if you can find a good traffic attorney, you have a fair chance. but they are 10x more expensive then the tix.