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How to get out of speeding ticket southern california? |
I was on a street where these two bike officers where giving out tickets left and right. As soon as i saw the officers i checked my speed (which was a 42 mph) and there was this pick up in front of me speeding. Officer pulls me over, says i was speeding and he has me on "liedar"(laser radar). I let the officer know that there was a pick up infront of me that was speeding, if maybe he got me by mistake. Officers says of course "he's sure" he saw me pulling up and guessed i was speeding and the locked me in on radar. Not really sure how he saw me and got me on radar in a sec. So he writes me the ticket and i signed. Politely asked officer why he did not pull over the pickup and he said he did see the truck but he thought i was more of a danger. by the way, I drive a 01 acura integra and its dropped but no body kits or anything. I'm thinking maybe it was because of my car. Now i didnt speed and was wondering how i can fight the ticket besides traffic school It sounds like you're charged with violating a "prima facie" speed limit. Also known as the "Basic Speed Law" which states in brief, "Drive no faster than is safe under existing conditions." (Check the California Vehicle Code section you're accused of violating.) If you wish to fight the ticket, you will probably lose the opportunity to attend traffic school if you lose. But, fighting a citation during which radar was used here in California is fairly straight forward and simple. (Provided you know what you're talking about.) At court, if the citing officer doesn't present evidence that the section of road you were cited on is *not* an illegal speed trap, the law assumes it *is* an illegal speed trap. That evidence the prosecution must present is called an "engineering and traffic survey". Without it, the radar evidence can not be admitted, the officer is considered "incompetent as a witness" to your speed, no evidence to your speed (if presented by the prosecution/Officer) is admissable, and the court is "without jurisdiction" to find you guilty. (California Vehicle Code Section 40805, I think...) I recommend a book called "Fight your Ticket and Win In California" from Nolo Press out of Berkely. (Check your local bookstore, online, or at www.nolo.com. ) It explains what you need to do. On the other hand, you've admitted you were speeding. Your time might be more important to you than learning how to defend yourself for such a minor infraction. You might be better off just requesting traffic school. Fight it in court. If the officer doesn't show, you're a free man. Worst case scenario, he does show, the judge lowers the fine, and you keep the officer off the streets. Good luck. show up and plead not guilty and hope the officer does not show up. If he was using lazer it picks a specific vechile not general like regular radar. But yep, most likley because of your car, they are ticket magnets. |
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