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.
2006-07-15 12:54:33 · 12 answers · asked by SHYBOY69ER 1 in Politics & Government ➔ Law & Ethics
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.
2006-07-15 14:50:56 · answer #1 · answered by michattorney 2 · 1⤊ 0⤋
Show up at court, as others have mentioned the likelyhood that the officer will show up is 50/50, if he doesn't show up the ticket will be dismissed.
As for the speeds that he claimed he clocked you at going the opposite direction, it is impossible, especially with you on a bike, for radar to accurately clock you going the opposite direction, that is part of why he turned around and tried to get another read on you.
You really don't have any evidence to bring to bear, you can simply dispute the accuracy of his radar, remember you are innocent until proven guilty.
2006-07-15 13:06:44 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Radar will only track the fastest moving object within its field of sweep, thee fore, with more than one vehicle involved, it would be hard to determine WHICH vehicle was being tracked. If the officer can't prove, beyond a reasonable doubt, WHICH vehicle he was "shooting", you may have a case. HOWEVER, you have admitted that you were travelling at 71 mph in a 65 mph zone, so his allegation has some validity, and most judges will accept the testimony of a police officer long before they'll accept your unconfirmed evidence. Despite the theory, the concept of "Guilty until proven innocent" seems to be the norm in most courts. If you can find evidence to confirm your defence, and taking into account the arguments stated above, you could consider challenging the allegation. If you can't find that evidence (needs to be physically shown to the judge), you may have to just bite the bullet and let the courts decide.
2016-03-27 06:54:49 · answer #3 · answered by Anonymous · 0⤊ 0⤋
It is called having your day in court. If it is like where I'm from, the officer will be so busy that he won't even show up for court since most people just pay the fine and go on. Go to court, maybe you'll win.
2006-07-15 13:00:25 · answer #4 · answered by Who cares 5 · 0⤊ 0⤋
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.
2006-07-15 12:59:00 · answer #5 · answered by Sir J 7 · 1⤊ 0⤋
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:)
2006-07-15 13:00:06 · answer #6 · answered by Lonestar 2 · 0⤊ 0⤋
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.
2006-07-15 12:59:20 · answer #7 · answered by Anonymous · 0⤊ 0⤋
go to court and ask when the radar was tested for accuracy last.
2006-07-15 12:58:37 · answer #8 · answered by Thom 4 · 0⤊ 0⤋
if he did not show you the radar and the speed he said he clocked you at, you should tell the judge. it is your word against his--unfortunately the law is on his side
2006-07-15 13:00:46 · answer #9 · answered by Earthbound Misfit™ 6 · 0⤊ 0⤋
Go to court.
2006-07-15 12:58:40 · answer #10 · answered by Anonymous · 0⤊ 1⤋