If a cop does not put down the radar number or patrol car number can you fight the ticket?

Question

I was driving down highway 5 this past weekend at 9:55am (no traffic at all), going 70mph when the posted speed limit was 65mph. I was in the carpool lane (legally) and people were passing me, I mean flying past me I was the slow one. All of a sudden a cop pulls me over and gives me a ticket for going 75mph. He did not fill out the radar number or patrol car number on the ticket, now doesn't that make the ticket incomplete and easy to fight?

There were people flying past me so why would he not pull over those speeders if he was just pacing me?

Anyways I'm just wondering if any of you had heard about it. Because I know a few of my friends have heard that if there is no radar number or patrol number essentially it is very easy to fight it. I was thinking about fighting by mail.

Thanks :)

Answer 1

I'd try fighting it, but do so in court.  Do research in your area, some States have a curious and little known law.  This law states that it is illegal for traffic officers (other than state police) to ticket a person for speeding if they are going five miles or less under the speed limit.  The reasoning behind the law was, that when RADAR was first coming into use, the guns would often tag a vehicle for moving faster than it was.  So by implementing the 5 or less law, police were certain they could get a person for 1 mile over.

If you decide to fight it, do the research first. Find out how he paced you, what his probable cause for doing so was, and in court when he has to testify, ask what his reason was for choosing your vehicle when others were obviously moving faster than you.

Answer 2

The best way to fight something is to show up in person.  There's a much better chance, especially in larger cities, that the officer may not show up in court, thereby swinging the pendulum in your favor.  I've had 2 out of 3 tickets dismissed by going to court.  Just be super-nice and dress nice.

Answer 3

California has no law that says you can't be cited for going only five miles an hour over the limit.

What makes you think this was a radar ticket?  If it was not, then there's no reason to fill in the radar number anyway.  And even if it was a radar ticket, the officer's failure to write the radar number on the citation has nothing to do with your guilt or innocence.  It might make it difficult for the officer to prove that radar unit was properly calibrated because he/she may not know for certain which one it was, but that might not even become an issue at trial.  

Not having the patrol car number on the citation has even less meaning.  Some places, like my department, don't even have a place on our citations for that information.

It doesn't matter what your friends have "heard" about fighting tickets.  I've actually seen a space alien rip its way out of someone's belly before but that doesn't make it true.  

If you can't truthfully testify that your speedometer is 100% accurate, you probably don't want to waste your time with this.  The cop said you were going 75, you said you were going 70, and it's entirely possible for a variety of reasons that your speedometer is off by five miles an hour.

Answer 4

Thats just a clerical error.  Your still guilty of the offense, therefor there is no point in fighting it, unless you want to waste time and risk a tougher punishment.

Answer 5

Let me tell you how i got two tickets dropped..  ( i had to show up in court though)

I just plead not guilty on the back and the cops didnt show up and i had to go to court and they waited on them for about 30 mintues and then told me it was dismissed.. haha.. i will do that for everyone of my tickets now..  and if i see the cop there, i will be like.. i thought i marked guilty.. hahaha..

but to you question.. i am not too sure.. i know my old friends name was Robert and they put Robbie as his name on the ticket and he got a DUI dropped and a few other ones, cause they knew him around here as Robbie, but that was like eight years ago, also..  i would try it.. whats it going to hurt?  and these cops on here just dont want to go to court, so they will tell you otherwise..

Answer 6

Any mistakes or omissions on a ticket can be added or corrected at any time. I doubt the court will give that any consideration.

As far as the rest of your story, that is up to the court. However, I can tell you the officer will normally be given more credibility.

Answer 7

Were you driving a yellow car that day?  It might  have been pull over yellow car day.  Seriously, why would you want to fight a ticket when you know you were wrong?  Just pay it and be more careful in the future.