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I got a speeding Ticket, but I was wrongfully accused, how do I get out of it? |
I was driving North Bound PCH 1 in Ventura County, CA in my motorcycle. The wind was to strong for me to sit up on my SV1000 so I had my face right next to the speedometer, I occasionally glanced at the speedometer and noticed that my speed was ranging from 65-67 max and there were other vehicles besides me. Once PCH ended I stopped at a red light. When I was about to take off I was pulled over by a Highway Police Officer who claimed to have got me at 80 when he was traveling south Bound and then at 85 going N. bound. Now I know their are allot of people that speed but I would not be going 85 in my bike because I'm a beginner and if I were to even get close to 70 mph the winds would get to strong for me (So I feared). I know I could take it to court and if the officer is not present the case will be dropped but in case he does show up what type of evidence may I acquire to win the case? I support police officer 100% but after all they are human they make mistakes as well. You can always try having your day in court, telling the judge your side of the story and seeing if he or she buys it, but odds are you'll lose in the end unless the radar gun is faulty. You might try talking to the police officer and seeing if he or she is willing to plead it down to a violation that carries no points on your license (if there is such a thing in California). Also, have the speedometer on your bike checked. The often become inaccurate over time, and if you can prove it was off, the judge "may" give you a break (even though speeding tickets are stict liability, meaning the police do not have to prove that you intended to break the speed limit-all they have to prove is that you did it-- and the amount of proof is very small on their part, the judge may still say "ok.. in this case I think there's sufficient reason to give you a break"... but don't count on it). If it's that important to you, spend the money and get an attorney that knows the court you will be in. go to court...... go to court and ask when the radar was tested for accuracy last. Go to court. This is a your word against his thing. Plead not guilty, take a shower, cut your hair, show up looking like a banker (if you don't already) and calmly state what you stated here. The worst you will get is about the same fine you'd have to pay anyway. You have a 20 percent chance the cop won't show and you will get a dismissal. You need to determine how he clocked you, how he determined it was you. With a bike (and if he was using radar) the gun often overshoots the motorycles and gets trucks and larger vehicles behind. You may have more ability than you know for a beginner. You can fight if you choose, just don't be too terribly disappointed if you lose. Plead that you are innocent and ask for the officer's speed gun's calibration record. Those speed guns loose their accuracy after a month or so. Good Luck:) |
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