First ticket - 80 in a 65. not fighting this one...i paid the fine and doing traffic school since i knew i was in the wrong.
two weeks later....
second ticket - 80 in a 65, same section of freeway, same time of day, on the weekend
stretch is 5 miles long. saw the chp in the far right lane. i wasn't speeding and ever since i got the first ticket i've been careful. i followed the flow of traffic (going less than 65)...since the chp was in the far right lane EVERYONE was going slow. set my cruise control to 65 and stayed in the far left lane for about 4 miles. on the ticket the infraction occured within 2 miles of me joining the free way and seeing chp. he wrote the ticket and stated that he was pacing me at 80 - 15 miles OVER my 65? and for less than a mile. i had my speedometer tested with gps that is accurant to less than 3m (9ft) and my odometer was 2.5 mph off. still no where near 80mph.
so i'll be sending in my written declaration contesting the ticket. any advice?
2007-07-11 11:18:40 · 6 answers · asked by vash_the_stampede78 1 in Politics & Government ➔ Law Enforcement & Police
GPS was used by my passenger and tracks mph. to better support my case i'll be having my cars speedometer tested by a dealership. its a 9 y/o car and has had work done, so who knows, the speedometer might be more off than expected (there isn't a warning light to fix it).
the reason i am using a written declaration is because i will be out of the state on business and even though the court might not find in my favor i still will have the option to contest my ticket in court (this might seem to some as an inconvenience to the officer since he still has to write a response AND possibly show up in court).
i support my local police association by the way....so i'm not out to weasel out of a ticket. people make mistakes i made one prior and i didn't make the same one twice.
2007-07-12 15:50:50 · update #1
Pacing is a valid method of measuring your speed. Documentation that you had your speedometer checked helps support your version of what happened. It is still your word against the officers. I guarantee his speedometer had been checked recently and he can document when. The prior ticket may ore may not support your story. Check with whoever tested the speedometer to see if the on board computer records cruse control use and if the recorded its records. I am confused about the statement that it was tested with GPS. That would require driving from point A to point B and timing the trip. This is the LEAST accurate method I can think of. A qualified shop would put the car on a device where the cars wheels turn 'rollers' whose speed can be directly measured and compared to the speedometer in the car.
Whoever said a written declaration inconveniences the officer also puzzles me. It can't possibly be less convenient than a court appearance. They can answer anytime before the response deadline. They don't have to be in a specific place at a specific time.
2007-07-11 12:35:54 · answer #1 · answered by STEVEN F 7 · 2⤊ 0⤋
I've had people bring up the GPS thing in court, the judge usually laughs and then gives them an ear full about watching the road instead of the navigation device.
2007-07-11 22:42:11 · answer #2 · answered by Officer 4 · 2⤊ 0⤋
A trial by written declaration will probably go in your favor. Plus, it totally inconveniences the cop.
Just be honest and list all of the circumstances and include drawings and pictures of the incident area.
2007-07-11 19:04:05 · answer #3 · answered by sassysugarchef 3 · 2⤊ 0⤋
I am not a lawyer but I think my advice is the best you'll get.
Retain an attorney. Second offense would not look good if you are found guilty.
2007-07-11 18:23:14 · answer #4 · answered by skip 6 · 2⤊ 0⤋
i did 80 in a 55 zone i am trying to appeal too.
2007-07-11 18:21:49 · answer #5 · answered by Anonymous · 2⤊ 0⤋
get a lawyer or rep from legal aid. the system is out to bend you right over the barrel, with your pants down.
your word, over the cops, you loose.
2007-07-11 18:24:52 · answer #6 · answered by duster 6 · 3⤊ 0⤋