Originally Posted by
lost0138
its hard to use CVC 40802(a)(2) for me .. the cop said he paced me . i guess my only argument is that i was withen the basic speed law. lol any ideas on this one? i am going to try to type it out tonight.
I respectfully submit this written declaration to the Court pursuant to* CVC40902. I plead Not Guilty to the charge of violating CVC 22349(a).
The facts of my case are as follows:* While driving northbound on Interstate 395, just south of CA-203., in moderate traffic on 1/12/2007 at approximately 10:15PM, I was stopped by Officer Baumann (Serial# 812) from the Sheriff’s Department and charged with* violating CVC 22349(a), 80+ MPH in a 65mph zone.
I know that I was not traveling 80+mph and that my speed was safe and reasonable for conditions.* I asked Officer Baumann if I could see his radar gun to see if I was traveling above 80+MPH, but Officer Baumann says he did not have a radar gun in his vehicle and he said that he had paced me.* As such, I know that the officer’s paced guess was inaccurate. Also, there were several cars that passed me within minutes of my being stopped. At night, the officer could have easily mistaken any one of these speeders for my vehicle after they passed me, then switched into my lane, blocking the officer's view.* It is possible he spotted another car from a distance, but lost sight of it in traffic as he sped up. This would be quite possible in the reduced visibility of night. There were certainly several cars that passed me in the minutes prior to the officer stopping me.
As a method of determining speed, pacing is notoriously inaccurate. Close pacing over an extended distance is the only reasonable way to mitigate the inaccuracies of pacing. I don't believe the officer's alleged "pace" is anything more that his speed of acceleration in coming up from behind me. He certainly was not behind me for long. At about 1/4 mile back, I saw him approach me rapidly and checked my speedometer. My speed was approximately 65 mph and I maintained my speed and lane to allow him to pass.
I know the number he cited is at least 15mph faster than I was driving. I expect the officer to provide proof of recent speedometer calibration for the court to even consider his speedometer reading as evidence. Please dismiss my case outright if the officer does not provide recent speedometer calibration data for the patrol vehicle Officer Baumann was driving on the night I was stopped. Without valid verification of speedometer calibration of the patrol vehicle used to stop me, my case should be dismissed for lack of evidence.
Ultimately, whatever the accuracy of his speedometer, his pace is still nothing more than the speed he was traveling. The relation of his speed to my speed is speculative, and in this case, quite inaccurate.
The officer failed to verify his speculation about my speed with any direct evidence, like radar.* I know that my speed was approximately 65 when he was close behind me.
The officer’s case is based on multiple guesses. The officer’s first guess about my speed is based upon his own speed, possibly skewed higher by his acceleration. His second guess was that it was my vehicle he saw speeding from a distance. In traffic with low visibility due to darkness, it would be quite easy to lose sight of his initial target and confuse my car with the vehicle he first sighted. Considered together, the officer’s guesses cast far too much doubt on the accuracy of his evidence.
I don't believe that the officer's evidence is sufficient to sustain a conviction. Please dismiss my citation in the interest of justice.* If the court does not find in my favor in this case, I request a fine reduction and a Court assignment to attend traffic school.
I declare under penalty of perjury that this statement is true and correct.