Should I fight my unfair speeding ticket? San Francisco CA?

Question

So I got an unfair speeding ticket. I was going 25 on a 25 zone. My speedometer read 25 and an actual external speed monitor read 25. I also saw the cop with his radar gun. So I drive by at 25, and he still pulls me over. He says I was going 44? I told him that there is no possible way I was going that fast. He pointed at where he tracked me, and it is about 1000 ft away. Is that too far to get an accurate radar reading? Anyways, he didn't listen and gave me a ticket? I feel so wronged, I mean I obeyed the law and still got a ticket. So is this worth fighting? How can I prove my side of the story?

Answer 1

If the RADAR says you were going 44, that's what you were doing. If your speedometer showed that you were going 25, then you need to go to a garage where they have a dynamometer and have your speedometer checked, at your expense.

Take the certified reading to court with you, and show it to the judge. I don't know about California, but in Virginia, if your speedometer is inaccurate, the judge will usually change the offense from speeding to improper equipment, which is not a moving violation and doesn't affect your insurance.

Be advised, Bobby B, there is nowhere in this nation that officers are required to show you a RADAR readout. This is a myth. If an officer ever does show a reading which is locked in, he has not properly operated the equipment and completed the tracking history, which is required for a successful RADAR prosecution.

Answer 2

You can't afford the ticket but can afford to hire a lawyer? How does that work? If you haven't been to TS in 18 months, you can go - but you're not getting out of the ticket. And it will be in the 400 range. You have no case to fight, I'm not sure why you'd waste the time. If you fight and lose, and you will lose, you will also get court costs added. You can request a payment plan which they will be happy to do, that is your best option. I know that S curve ticket is a huge deal right now since that trucker went over the edge so put any thoughts of fighting out of your mind.

Answer 3

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Answer 4

California law is very specific regarding speed on radar.

Some things to consider:

1. Are there any metal reflective signs in the area where his radar was pointed?

2. Did he clock you for 3 seconds? Think about this....your travelling and he has to have reasonable cause to get you on radar which means he felt you were speeding ... say 2 seconds to do that ... another 1 to 2 seconds to take aim, then another 3 seconds clocking you. Now, figure out how many feet that is when you are going 44...that means you would have travelled 22 feet per second times 7 seconds, 144 feet. Consider all that, then take pictures where he was, where you were, then have him testify where he first saw you. Guaranteed you will get off.

3. Has the radar been calibrated recently?

4. Is he radar certified (See above answer from the deputy)

5. When going to court, the officer must prove that 44 is an unsafe speed in that area, in order to prove this, he must bring a copy of the engineering and traffic study to court, if he doesnt, he can not prove that 44 in that area is un safe

6. Good luck and go to your public library, there are MANY books on how to fight radar tickets, I have fought every one I got in California, and won.

Answer 5

It's up to the officer to prove beyond a resonable doubt that you were the one driving the vehicle and how he determined your speed. That being said, I've got a couple of comments...

1. So your speedometer said 25 - that doesn't say anything. It's your word against the officer (who's presumably been trained/certified).

2. Has the officer been POST-certified/trained as a radar operator? Either a 24-hour course (for a 7-year survey) or an 8-hour course for a 5-year survey)...

3. How are you going to PROVE your side of the story? Sorry for being redundant, but some of my questions below might help clarify how YOU can prove it.

4. 1000 ft is not too far for radar to detect and measure vehicle speeds. It depends on what other interferences there are, as radar beams travel in a straight line. I've cited drivers at distances of 300-400 yards with no problem.

5. Were there any other vehicles in the immediate area that could have been speeding and were picked up on radar? In other words, how did he know it was YOUR vehicle that was speeding?

6. What external speed monitor are you referring to? How do you know it was measuring YOUR speed, and how can you PROVE it was measuring your speed?

7. If radar was used, is the traffic survey current, given his training? Was radar used, or was some other method use (lidar, etc...)? Was his training applicable to the method used?

Calif Deputy

Answer 6

if you have the time to appear in court.. go for it.

The ticket will include court costs regardless of your appearance so it's not like telling the judge your story will cost you more. But a police officer is considered an expert, and his testimony is weighed more highly than anybody else's so if it's just your word against his... his wins.

Go the the place your were pulled over and take pictures. Use a tape measure in the pictures to prove the distance from one point to another. Tell the judge your story and use as much evidence as possible.

Also, if the Cop is a no show, you win. Bonus.

Answer 7

Any time you are pulled overyou should ask to see the radar gun,and they have to show the speed you were going.If you are telling the truth.The cop wan't show up for court,and your ticket will be dismissed.A lot of time it will cost you more by going to court,missing work ect.They know you wan't show up,and will just pay the ticket.It is a chance they take,your word aganist his,but if you go to court I would bet they dismiss it.

Answer 8

I received a B.S. ticket in San Fran myself years ago {driving in the wrong lane, with my blinker on attempting to move over} and fought it. What a joke, the cop lied and was believed of course. So I make it a point to write a ticket to every car with California plates that comes here if they do ANYTHING wrong. I figure it's not my problem if they don't know the rules here.

Answer 9

Radar has no issues working properly at 1000 feet. A speeding ticket is hard to beat as they claim the radar said 44 and you can only say "no it didn't".

However, California does offer driving school that can get the points from a ticket removed from your record.

Answer 10

Tell it to the judge. Did he say that? I love it when cops say that.