Can I beat this traffic ticket?

[jaren12]

I received a ticket for doing 72MPH in a 55 zone. I was clocked by Laser at a range of over 8,700 feet while passing a vehicle that was having a hard time maintaining speed that I had been stuck behind for 10mi on a single lane road. I felt it was unsafe to continue driving behind this vehicle so as soon as a second lane opened up, I took the chance to pass it.

On my ticket it states my speed of 72 MPH and states the safe speed on the road as being 55

However, the vehicle code I was charged with being in violation of is VC22349-EXCEEDING MAXIMUM SPEED OF 65 MPH.

Could this be admitted as a false statement by the police officer even if the actual safe speed of the road was lower than the citation?



another fact of the case,
After passing where the officer was sitting, I disappeared over a hill out of his line of sight. While out of his line of sight, I turned a corner where the view from the adjacent roads is blocked by the hill. He did not regain visual contact with my vehicle until he himself made the turn some 700+ Yards from the place where he lost sight of me. He did not actually catch up to me until 1000+ Yards from the point where he lost sight of me.

I just bought the Expedition I was driving in less than 2 months ago. it is a 1999 model and has a small lift kit with oversized tires. Can proving that the speedometer was never re-calibrated help me in any way?

This took place at the North end of Santiago Canyon Rd in Orange, CA





I have the upmost respect for law enforcement and I rarely speed for the simple reason that it burns too much gasoline. I only exceed the speed limit on the rare occasion that I feel the driver in front of me is driving unsafe and I need to put them behind me.

are there any sympathizing police officers out there or people with a degree in criminology who can answer these questions that will help me build a defense case?

Before you answer:
-I've seen tickets thrown out for discrepancies as little as the officer writing the wrong date on the ticket or the speed limit sign being too small for the speed it is posting

-It doesn't matter whether your guilty or not if you can prove that the officer committed an illegal act in the process of catching/pulling you over even if he did it accidentally or with the best intentions.

-I was not evading the officer. After I got in front of the aforementioned vehicle I reduced my speed back down to 55 which was before I even passed the officer

-my target is not to avoid paying the ticket, it is to avoid the point on my record.

[shen86]

If you were going 72 in a 55, and the officer wrote you up for 72 in a 65, then he just saved you about $76. There is no "I need to pass" exception to the speed laws.

Pay the fine, go to traffic school, and you will avoid the point on your record.

[aingeni]

Pay the fine, accept the point and don't be such a mooch in future.

[caelin]

Hi,

If you try to fight it take as many photos and videos of your evidence. Keep in mind the likely hood of the officer appearing is highly likely as the judge will look at both evidence

Best of luck~

[reuben29]

Hi,

If you try to fight it take as many photos and videos of your evidence. Keep in mind the likely hood of the officer appearing is highly likely as the judge will look at both evidence

Best of luck~

"-It doesn't matter whether your guilty or not if you can prove that the officer committed an illegal act in the process of catching/pulling you over even if he did it accidentally or with the best intentions."

This is true in a criminal case concerning evidence, but your ticket is a civil violation, which does not require the same standards as evidence in a criminal case.

What does it matter that you were cited for the law that said you were traveling over 65mph when you were going 72mph? 72mph is still over 65mph.

You can try to fight it, but you won't win.

[stein74]

Hi,

If you try to fight it take as many photos and videos of your evidence. Keep in mind the likely hood of the officer appearing is highly likely as the judge will look at both evidence

Best of luck~

"-It doesn't matter whether your guilty or not if you can prove that the officer committed an illegal act in the process of catching/pulling you over even if he did it accidentally or with the best intentions."

This is true in a criminal case concerning evidence, but your ticket is a civil violation, which does not require the same standards as evidence in a criminal case.

What does it matter that you were cited for the law that said you were traveling over 65mph when you were going 72mph? 72mph is still over 65mph.

You can try to fight it, but you won't win.

If by "laser" you mean LIDAR then he has a photo of your license plate with the recorded speed. Pretty damning evidence. As long as he can reasonably prove you were the driver it does not matter that he temporarily lost sight of you. Since he has a picture of your license plate there is no question he got the right vehicle.

The citation will list a statute. That is the controlling charge. If you are in violation of the statute, the comments about safe speed on the ticket are more or less irrelevant.

One option for avoiding points is to go into California's mind control system which they call "traffic school" or something like that. They reward you for this by dropping the points.

If you want to play hardball, contest the ticket, make a LEGAL (not factual) argument in traffic court. You will lose. You then appeal the decision based on one or more points of law. This will go to a superior court. Once the case has been scheduled, call up the prosecutors office and offer to drop the case if he/she will agree to the lesser charge of a non-moving violation. It is very likely the prosecutor will agree to this. You need to book up on court procedures and law to do this.