I was driving on a two lane highway (both lanes go in one direction) at a high rate of speed (approx 90) around 330am, there were no other cars on the road. I saw headlights coming up fast so I took my foot off the gas and let in coast to 65...thats when the lights came on. The CHP gave me a ticket saying I was going 101mph. He didn't get me on radar/laser, and it would be impossible for him to pace me cause he was no where in site. Do I have a defence in court? Is there an argument I can make about the time of day? What percent of CHP officers show up to their court date?
2006-12-03 11:42:34 · 11 answers · asked by sotomann 1 in Politics & Government ➔ Law Enforcement & Police
You have no defense that will work.
The argument as to time of day and lack of cars on the road can be used under certain circumstances. Your's is not one of those circumstances. California law has established a MAXIMUM SPEED of 65 MPH (70 MPH on freeways) that can not be exceeded regardless of roadway or traffic conditions. That argument will have no merit in court.
As to the speed, you may argue that you were speeding, but not speeding that bad. Most judges will not accept this argument (per my epxerience) and will side with the officer using your own statement as to the fact that you are speeding as evidence to find against you.
I believe that it is likely that the officer used radar or a laser based on writing the speed at 101 MPH. Even if he did not, ALL CHP officers receive training that qualifies them as an expert in estimation of speed and allows them to cite you based on their visual estimation of your speed.
Finally, a CHP officer will almost always show up in traffic court. It is there full time job! You're probably paying this one!
2006-12-03 14:38:06 · answer #1 · answered by James P 4 · 0⤊ 0⤋
You have no idea what is in the report that is submitted to the courts. Stand up like a man and admit you screwed up and didn't use yur head. Think of it like this, if you are the judge, what possible excuse would cause you to believe the defendant had a good reason to do almost 50mph over the limit? The first hint at an excuse will get you in a real mess. Just admit it and apologize.
2006-12-03 21:24:52 · answer #2 · answered by spag 4 · 0⤊ 1⤋
How do you know he did not clock you? It was 3.30 am & he was hideing. In my state (NH) the police have to be in plain sight with their parking lights on. even then they catch their share of speeders. In nh that ticket will cost you about $400. Also they may take points & send you to traffic school. I believe Cali. is even harder to beat. The cops show up more then not because their chief does not like the writing of tickets then being a no show. It looks bad for the department. So just pay tne ticket & the next time you want to drive real fast ,join NASCAR//
2006-12-03 20:17:37 · answer #3 · answered by BUTCH 5 · 1⤊ 0⤋
100% CHP show up--(maybe the fired if they do not show?)
at that hour iam surprised you did not get an alcohol level test--consider yourself lucky--and do not repeat the offense. they are allowed to PACE u without headlights on--so u really do not know how long that Cop was there.
if u had a really old car you might use the "MY CAR CANT DRIVE THAT FAST WITHOUT FALLING APART" defense--i know that that would be mine! also i think i would plead "stupidity" and beg the mercy of the court--humility seems to go a long way here in CALIFORNIA--one defense that only worked once was "I KNOW RONALD REGAN..." AND THEN YOU SLAP HIM IN THE FACE--BUT LIKE I SAID THAT ONE ONLY WORKED ONCE!
2006-12-03 19:53:37 · answer #4 · answered by IMListening2U 2 · 0⤊ 1⤋
you should still take the ticket to court... my math teacher's husband was a cop last year and she told us that alot of times the cops cant even make it in court at the time scheduled cuase there working and in court just say you what you said on here.. or that you were only going 65 mph... get a good lawyer though just for the day..
2006-12-03 19:51:51 · answer #5 · answered by question man 911 4 · 0⤊ 1⤋
I live in Califiornia. Chances are the cop wont even show up at court. Just present your case as you did here, but you might not want to say you were doin 90, lol.
2006-12-03 20:31:52 · answer #6 · answered by Anonymous · 0⤊ 1⤋
First of all, please drive more safely. You put everyone on the road and their children in danger. You might beat it if you decide to go to court to fight it and the officer who issued you the ticket does not show up. Otherwise, I think you deserve whatever you get.
2006-12-03 19:45:40 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Comes down to your word against his. Guess who I'd believe? Frankly, if he said you were going faster than you were, it's okay by me. Hope you get a hefty fine.
2006-12-03 23:19:58 · answer #8 · answered by Judith 6 · 0⤊ 0⤋
I noticed you conveniently left out what the speed LIMIT signs said.
2006-12-03 19:56:23 · answer #9 · answered by Anonymous · 1⤊ 0⤋
I hate to be a doom sayer. Deal dude. you were caught speeding, just stand up and say you screwed up.
2006-12-03 19:47:18 · answer #10 · answered by knight_in_burntarmor 3 · 1⤊ 0⤋