Speeding ticket by a radar.. the cop car was moving. help?!?

Question

So last month I got a speeding ticket. A cop was driving towards me and turned around and got me. He said I was going 90 and I told him no i was going 75 I have my car on cruise control. He told me that was impossible and if I wanted to fight it that I had t show up to court. So this morning was my court time and I pled not guilty. I now have a trial set for sept 2nd. I need help on ways to get me out of this ticket. I am not going to pay a criminal ticket when i wasn't doing criminal speed.

The speed limit was 65. I got pulled over in California. I dont want answers about software to buy if i have to spend money im not interested. lol

if you have any questions or want more advise then ask i'll put it on shortly after.

Thanks in advance or the help :)

Answer 1

i dont know in cali but in mass they  might cut it in half

Answer 2

You have no defense.  Read that again.  You have no defense.  There is no such thing as "criminal speed."

The charge against you is driving in excess of the maximum speed limit, that is, over 65 mph.  You violate that law if you are going 90.  You violate that law if you are going 75.  All you are arguing about at this point is the amount of the fine, not whether you are guilty.  The officer says you violated the law by 25 mph.  You say you violated the law by 10 mph.  The fine for going 10 mph over the limit is $146, more or less.  The fine for going 25 mph over the limit is $266, more or less.  

There may one reason to go to court, which is to get traffic school.  Some courts do not grant that automatically if you are going over 80, so if you have not been given the traffic school option, maybe you will want to go to court to see if you can get that.  Otherwise, all you are arguing about is $120 worth of fines.  It would not be worth my time to spend a day in court for $120.

But, you have no defense, so don't be surprised when you are convicted.

Answer 3

you need to ask the following questions;

1. when was the device last calibrated

2. who calibrated it.

3. were the start up checks conducted correctly

4. was there any potential source of electro-magnetic interference with the doppler signature of the device

all that being said. You were travelling 75 in a 65 zone, if the charge is simply that you were speeding; then you're screwed. In my jurisdiction the charge relates simply to speeding and the amount over is irelevant.

Answer 4

Newer speed devices can take an accurate speed if the officer is moving, however, they can be off and need to be calibrated every once in a while.  Not sure how you can get out of the ticket, but it's something to think about.  I was on a ride along with an officer once, and we were driving down the road when we picked up a vehicle coming toward us.  The officer said that there was no way they were doing 100 MPH and we stopped.  The gun jumped to 120.  We just let them go.  The vehicle couldn't have been doing more than 40.

Answer 5

Talk to an attorney. At least just call one on the phone and expalin the situation. I don't know how much the ticket may cost you, but if you loose you maight need to pay the court fees. Some attorneys can do it for less than your ticket.

Answer 6

Ok well for one that sucks. I got caught a couple weeks ago.. but cant fight it and got 4 points. 1st ticket EVER since i got my license 8 yrs ago.

But I can only tell you what we would do in PA. For one radar is illegal.

And in CA from my research it sounds like you are screwed because radar is quiet accurate.

BUT what you have to do in court is cast DOUBT. You don't have to prove anything THEY do.  Go to the judge and tell her the truth. Your car was on cruise control. DO NOT get cocky!!!

And research the laws in CA, Other questions. were there other cars close to you? Any in front of you, next to you, behind you? Because he was going the other way, you can cast doubt easily by saying Judge... The officer that pulled me over was driving the opposite direction and when he pulled me over I had to turn off my cruise control. You can also say that there were other cars around and how can the officer be absolutely certain that his radar did not catch another car that was driving near/by you?

Don't say how can he be sure it caught your car, the judge will always favor the officers. And the cop will come back with his experience on the force and so-so.

HE however cannot contradicate a hypothetical question.

Good luck....

And you can always ask a lawyer as well. Because if i readcorrectly your fine will be somewhere near 380 dollars plus loss of license....