CHP Speeding Ticket

[BlueBooster]

Alright. I know I probably deserved it for the other times I was enjoying my car's "capabilities", but this time I'm gonna fight it. The ticket before this one was by a CHP officer too & it was for 78 in a 65 (In a different car than my EVO). My latest ticket is for the same thing - 78 in a 65. WTF? My thoughts are that he didn't have me on radar & simply guessed.

Here's what happened:
I was in the #4 lane & got into the #3 lane to go around some slower vehicals. As soon as I got around them, I got back into the #4 lane & slowed down, then exited the freeway since my exit was up. By the time I was in the exit lane (#5?), mr. CHP motorcycle was behind me with lights blazing. I recall having seen a motorcycle in the exit lane prior to my lane changes, but should have checked better prior to going around the vehicals. The thing is I know I was not going that fast as the people I went around had to of been under the speed limit.

I've read the Trial by Declaration on the FAQ page - very cool & informative. I'll probably be going this route, but was wondering if any of you had any suggestions about this since it's CHP. I don't recall seeing any write ups about dealing with CHP in there & wanted to make sure I have all my ducks in a row before potentially shooting myself in the foot. The VC violation listed is 22349A which states:

22349.* *(a) Except as provided in Section 22356, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour.
This is what worries me because its like how do you get around a blanket statement like that. The only thing I can hope for is that he didn't have me on radar so I could use that to try & disprove him. But the judge might say: Well a CHP officer should be able to guess speeds better than the average person. What should I do??? Please help!

[EvoPwr]

#1 always ask for your radar print out. if he doesnt have you on radar you can fight it, saying that the other cars were going below the speed limit, therefore made it look like you were speeding. my .02

[BlueBooster]

#1 always ask for your radar print out.* if he doesnt have you on radar you can fight it, saying that the other cars were going below the speed limit, therefore made it look like you were speeding.* my .02
Cool. That's what I was thinking too. I know that he couldn't have gotten me on radar because other cars were in the way - even for the mounted radar used on the cycle.

[nurb2]

By all means fight it, but if he fills out his paperwork and/or shows up in court you're toast. No judge is going to believe you were not going over 65 while passing cars on the freeway. :roll: Attacking his radar is your best bet.

Also, the cop has no obligation whatsoever to show you his radar reading. You should do a written discovery request and get a copy of both sides of the officer's ticket, his radar manual, his certifications, etc. CHP usually have their bases covered though.

Good luck.

-nurb2-

[BlueBooster]

By all means fight it, but if he fills out his paperwork and/or shows up in court you're toast. No judge is going to believe you were not going over 65 while passing cars on the freeway. :roll: Attacking his radar is your best bet.

Also, the cop has no obligation whatsoever to show you his radar reading. You should do a written discovery request and get a copy of both sides of the officer's ticket, his radar manual, his certifications, etc. CHP usually have their bases covered though.

Good luck.

-nurb2-
Hmmm... I'm thinking a combination of things... Thanks so far for the advice guys. Keep it coming. I'd love to see what others suggest.

[thetaxguy]

#1 always ask for your radar print out.* if he doesnt have you on radar you can fight it, saying that the other cars were going below the speed limit, therefore made it look like you were speeding.* my .02

Yeah...that's good advice :idiot2: O0

[NRG]

If you are going to go with the RADAR route, ask him when is the last time he calibrated the radar.....Is this new technology or am I just not caught up with society because i thought in order to use a radar gun, you have to be stationed (not moving). I didn't know they could use it while mobile......

[rammsteinmatt]

If you are going to go with the RADAR route, ask him when is the last time he calibrated the radar.....Is this new technology or am I just not caught up with society because i thought in order to use a radar gun, you have to be stationed (not moving). I didn't know they could use it while mobile......


there is radar that takes input form the car's spedometer (or GPS or somethign rather) and uses that to determine the speed while moving. aparently they can get you while you are driving towards each other with this technology

[BlueBooster]

there is radar that takes input form the car's spedometer (or GPS or somethign rather) and uses that to determine the speed while moving.* aparently they can get you while you are driving towards each other with this technology
You bet they can get you. I was looking at a CHP cycle that was parked at the Spectrum one day & it had front & rear mounted radar on it. the cruisers have the same. Even if they can't use it to legally get you, it gives them a d@mn good idea of what speed your going. It doesn't have to be 2 cars approaching each other. It can be one car coming up on another (as in civilian doing 65 approaching CHP doing 55). All it takes is a computer to crunch some numbers. Radar is simply a device to measure the time it takes to send a beam of (something) & bounce it off another object (there has to be several bounces which is why there is a slight delay on those radar signs on the side of the road). Then it's simply a matter of calculating the time difference between bounces.

[Blaze]

Dragging your ass into court is not until phase II.

There should be no difference between CHP and regular PD/Sherrif as it is relative to writing a TBD. Speed laws are all pretty much standard and there are a half dozen "loop holes" to get out of each and every one. I suggest you know the laws inside and out before you try to hold any pig in court (in front of a judge he's probably familar with) to them because the judge will likely be more lienient towards the pig then you.

On a related story, I was in court once and a guy asked the officer what he remembered about himself (the defendant) at the time of the stop. Hair length, what he was wearing, ect. The cop stated he could not remember much and the guy moved for a dismissal since the cop was going to submit testimony against someone he did not recognize.

Pretty damn clever, really.

The judge however, interveined and asked the cop if he'd used the defendants DL to confirm identity at the time of the stop to which the usless pig replied yes. And then (as you can imagine) the case was right back on track. My point here is that the judge is not your friend and will not necessarily be unbias.

One last tid bit of advice: Try to request a county seat for your hearing (if you actually go to court). What this does is transfers the case out of the traffic division and into a higher court. Here you are a small fish fighting a traffic ticket mixed in with larger crimes. Aside from this, the judge is less likely to have a relationship with the miserable pig who pulled you over.

Good luck,

Blaze

[WavMixer]

OK, if you go to court and can't afford a kick ass lawer, you can pretty much ask the cop a few questions that will work in your favor, if you play your hand correctly. I call this my tuning fork defense. I have used this line of questioning twice to successfully beat a radar speeding ticket. If you need it, feel free to save it, print it, to study it, remember it, kick the cops ass with it in court, I did and you can too! You don't need to ask all of these questions, it all depends on where you find the weak spot in the cops testimony. find it, rip it open and shove it down his throat.

http://wavmixer.com/ticket/

If y'all like this, ask me about the ticket I beat by being a passenger.

[BlueBooster]

VICTORY!!!

I just got the results of my first TBD today & I have been declared innocent & my bail money will be refunded!

Go ticketassasin.com! O0

[nurb2]

VICTORY!!!

I just got the results of my first TBD today & I have been declared innocent & my bail money will be refunded!

Go ticketassasin.com! O0


Nice! Congrats on sticking it to the man. O0

-nurb2-

[HaVoK23]

there is radar that takes input form the car's spedometer (or GPS or somethign rather) and uses that to determine the speed while moving. aparently they can get you while you are driving towards each other with this technology


They sure can get your speed down driving towards each other.....My parents and I drove cross country to chicago. On the way from Denver to Mt. Rushmore, my dad got caught speeding 104 in a 65 zone in Lusk, Wyoming. Kinda shitty cause this retarded ass RV was going super slow and there was a loonnnnng ass hill coming up so my dad booked it in the rental (300c) and instead of braking he just let off the gas and the first car at top of the hill was an on coming trooper. He flipped his lights and busted a bitch. I told my dad to bitch about the RV and how we can't even recall seeing a speed sign.(stupid ass backroads) The cop went back to his car and my dad was shittin bricks that he was gonna have to come back to that shithole for court and what not.....turns out they wanted 147 bucks for the speeding ticket and they didn't even put it on my dads record. We were all shocked about the front mount radar but 147 bucks speeding ticket for doing 104 in a 65 ain't to shabby.

Sorry for the long story.

Oh yea, forgot to add it was a mail in ticket.

[kipper215]

By all means fight it, but if he fills out his paperwork and/or shows up in court you're toast. No judge is going to believe you were not going over 65 while passing cars on the freeway. :roll: Attacking his radar is your best bet.

Also, the cop has no obligation whatsoever to show you his radar reading. You should do a written discovery request and get a copy of both sides of the officer's ticket, his radar manual, his certifications, etc. CHP usually have their bases covered though.

Good luck.

-nurb2-



In a TBD case you don't go to court and the cop doesn't get to see you and he doesn't get ti see what you wrote either. ticketassassin.com has examples of what to write in your declaration check them out.

[kipper215]

VICTORY!!!

I just got the results of my first TBD today & I have been declared innocent & my bail money will be refunded!

Go ticketassasin.com! O0




NICE see what happens when you stand up for yourself!!!!!!!!!

[SpexSpeed]

Congrats on beating the ticket.....thats awesome

[BlueBooster]

VICTORY!!!

I just got the results of my first TBD today & I have been declared innocent & my bail money will be refunded!

Go ticketassasin.com! O0




NICE see what happens when you stand up for yourself!!!!!!!!!


Congrats on beating the ticket.....thats awesome
You know what's funny? I had a dream the other day that after I got the paper work back from the court that they sent another letter which contained the CHP officers reply. It was on a sheet of red construction paper & all he had to say was "DAMN!". :lol: Wierd dream...