Really Bad Ticket... [Archive] - BARF

Neros131

12-06-2007, 09:43 PM

So a couple of weeks ago I got a rather terrible ticket. I know I wasn't going this quickly, but the officer cited me at 105 in a 65 going Southbound on 280 near 92. I know I could not have been going this fast simply because I slowed down to pass a Mercedes Benz SL500, passing it at 80. I did not have to slow down very much to do this, so I estimate that my speed was closer to 85-95.

What is the best course of action? This is my first time going to court, and I want to know how to go about this... Do I try and plea for a lesser speed? The officer said that he paced me, but it was from almost 1/4 mile back (as far as I could tell, far enough that I saw the headlights gaining, but assumed it was another driver), so I don't see how it could be accurate.

1. Section I was cited for: Code/Section 22348(b)
2. City where I was cited: San Mateo County
3. My vehicle info: 1996 BMW Z3 (driving the cage, no bike yet...)
4. What the OFFICER TOLD ME: He paced me at 105 and was deeply worried about the impact of my car upon the local deer population.
5. What I TOLD THE OFFICER: I was paying attention to the road, but passed the Benz at 80, not 105.
6. Brief description of the location (ie...lights, what type of intersection, what type of street, etc.....): 2:00AM, only other cars were the Benz and the Officer, 280 Southbound near Hwy 92, no street lights.

nakedape

12-07-2007, 12:30 AM

Dude, if there are only three cars on the road around you and one is a cop, you are hosed. And you say you "slowed down for a Mercedes going 80"? You are so lucky you weren't arrested. NApe

Junkie

12-07-2007, 12:30 AM

Junkie

12-07-2007, 12:31 AM

Dude, if there are only three cars on the road around you and one is a cop, you are hosed. And you say you "slowed down for a Mercedes going 80"? You are so lucky you weren't arrested. NApeWhat would he have been arrested for, reckless?

Iszlandsnow

12-07-2007, 12:39 AM

:thumbup

nakedape

12-07-2007, 12:41 AM

Yep. i got one for going 100+ and that is apparently an infraction (or was in 1999). I got a point for it and a seven year ban from my premium teacher-only auto policy. Progressive is OK though. Took $2000 to "beat it down" from a misdemeanor, and no fun getting arrested...Nape

Mad Mac

12-07-2007, 05:28 AM

Here in AZ 20 over is criminal speed and can get you a trip to jail.

michaeln

12-07-2007, 06:39 AM

Here in AZ 20 over is criminal speed and can get you a trip to jail.

That's the nice thing about riding a KLR. The only place I can go 20 over is in a 45MPH zone.

RcrBoy

12-07-2007, 06:41 AM

That's the nice thing about riding a KLR. The only place I can go 20 over is in a 45MPH zone.

:rofl

:loco Mark :loco

wsmc831

12-07-2007, 09:38 AM

That's the nice thing about riding a KLR. The only place I can go 20 over is in a 45MPH zone.

Not true! I had a rented one up to 90 on a gravel road in the Yukon in July :ride

Rel

12-07-2007, 10:05 AM

Go to court, pay the fine, know that you'll lose your license for 30 days, and don't do it again.

clearsand

12-07-2007, 10:18 AM

Now you know dont speed when theres no cars around and in an area that you cant keep an eye on all the on and off ramp. When i was younger I got caught doing 110 in my car there.

Junkie

12-07-2007, 10:57 AM

Go to court, pay the fine, know that you'll lose your license for 30 days, and don't do it again.Not always, it's a "may be suspended" I think. I know a friend of mine got away with nothing other than a hefty fine for 103 (which he didn't think he was doing, and fought hard, but still).

Mickey_D100

12-07-2007, 11:46 AM

Well, it'll be difficult to fight, but at least it was a pace and not a RADAR.

if you thought you were going 95 max, see if you can manage to plead guilty to 95 in a 65. It'll still be too fast for traffic school, but it won't be anywhere near as bad as 105. If you want to try a little bit harder, 90 in a 65 may allow traffic school - it's at the cutoff, but the judge can decide to not let you take it anyway.

:bs Not necessarily true. Traffic school with 34 mph over the limit here. 94 in a 60. Young and stupid. :laughing It's almost all up to the commissioner's discretion. That was also 13 months after my last ticket, and I was still able to get regular 8 hour school for it, despite the "rule" that you it has to be 18 months apart.

Junkie

12-07-2007, 12:11 PM

:bs Not necessarily true. Traffic school with 34 mph over the limit here. 94 in a 60. Young and stupid. :laughing It's almost all up to the commissioner's discretion. That was also 13 months after my last ticket, and I was still able to get regular 8 hour school for it, despite the "rule" that you it has to be 18 months apart.ok, he might be able to get it - but it isn't an automatic thing at that point.

B-Cuz

12-07-2007, 01:18 PM

I know I could not have been going this fast simply because I slowed down to pass a Mercedes Benz SL500, passing it at 80.

:wtf:rofl

Hey there speed racer, take responsibility for your actions and slow down. What could really be that important that you're running your cage up to 90mph anyway. Guess you have to put that Aprila on hold for awhile now.:shocker

Neros131

12-07-2007, 03:13 PM

Well, I guess I will go plead guilty to it later next week. Hope I don't lose my license, that would make it kinda hard to get to work and school.

And thanks to all the guys with the extremely irrelevant posts, I sure enjoy entertaining the idea that you have never sped, ever.

Burning1

12-07-2007, 04:37 PM

I would definitely fight the ticket in court, and consider hiring a lawyer. Given the $500 fine you are facing, a lawyer may be cost effective.

IMO, the 22348(b) citation may be a stroke of luck for you. Since you were only charged with exceeding the maximum limit by 5 miles per hour, it should not be difficult to raise a reasonable doubt defense. Since you cannot be charged twice for the same crime, a successful defense may get you out of this without any conviction at all.

Ask the following questions about the officers speedometer:

- When was the last time it was calibrated at 100 miles per hour? (5mph at 100 miles per hour is only a 4.7% margin of error.)
- Can the officer show that his tire hasn't worn since the last time the speedometer was calibrated? (1/4 inch off the tread means a 2% error.)
- Are the tire pressures exactly the same as during the calibration? (see above.)
- Are the tire temperatures the same as during calibration? (see tire pressures.)

You may wish to ask these questions, and then plea bargain down to a lesser violation.

IMO, the officer should not charge you with such a serious infraction without having overwhelming evidence to support his arrest.

Here's a short writeup about a similar case.
http://www.helpigotaticket.com/speed/ptbypt.html

RolnCode3

12-07-2007, 05:57 PM

IMO, the officer should not charge you with such a serious infraction without having overwhelming evidence to support his arrest.
Why would he create a new standard when the law only requires "reasonable cause to believe"? Sounds like this standard existed.

Good luck. Sounds like there's some wiggle room to ask the officer questions. Let us know.

Burning1

12-07-2007, 06:55 PM

Why would he create a new standard when the law only requires "reasonable cause to believe"? Sounds like this standard existed.

Good luck. Sounds like there's some wiggle room to ask the officer questions. Let us know.

You're right, of course. What I'm suggesting is that the officer could have cited a lesser violation, and had a high probability of a conviction. Assuming the OPs statements are accurate, it doesn't sound like the officer has any real evidence to support his case.

Rel

12-07-2007, 08:36 PM

We cite the most appropriate section. If someone is going over 100, then that’s the section they get cited for. The original OP stated he was traveling 85-95, so it isn’t a far stretch that he may have been going the 105, as the Officer stated.

As Officers, it’s not our job to get the conviction. We enforce, not punish. That’s the courts job.

Burning1

12-07-2007, 10:04 PM

We cite the most appropriate section. If someone is going over 100, then that’s the section they get cited for. The original OP stated he was traveling 85-95, so it isn’t a far stretch that he may have been going the 105, as the Officer stated.

Understood, and agreed. I'm taking the OPs description at face value, since my answer is useless if he isn't being honest with us.

RolnCode3

12-07-2007, 11:43 PM

Understood, and agreed. I'm taking the OPs description at face value, since my answer is useless if he isn't being honest with us.
I intiendo now.

Warpkor

12-08-2007, 12:02 AM

A 22348(b) can leave you open to a misdemeanor charge as that indicates exceeding 100 mph, a 2 point violation and license suspension. Something your insurance company will punish you for. I was cited for 22349(a) which is an infraction indicating that I was exceeding the posted speed limit even though I was cited for 124 mph. Read my post in this section as I just went through this whole experience recently. An attorney may be prudent for you to speak with.

PorradaVFR

12-08-2007, 12:43 AM

I sure enjoy entertaining the idea that you have never sped, ever.

Good point. I mean I've been CITED (such as, say, you were) for 100+ let's see.....umm.....carry the one.....

Never.

Assume some responsibility. All the people whose opinion you're looking down your nose at aren't facing the situation you are. Perhaps there is wisdom there.

Neros131

12-08-2007, 04:25 AM

I am not saying every one of you has done the same thing. I am saying that I think its irritating that some of the guys who have posted here in a condescending manner have sped at some point, not that you all have. I am hardly looking down my nose at you all, I just think its kind of silly to make fun of someone and call them a dolt when you may have done something very similar.

And as far as taking things at face value, why on earth wouldn't my details be correct? Does it actually help me at all to lie to a bunch of complete strangers to save face? Especially considering that I am completely new here, I have no reason to defend my non-existing honor here.

Neros131

12-08-2007, 04:25 AM

Plus, if I am asking for help, don't I want help that is actually applicable in my own situation?

bmer97

12-08-2007, 06:04 AM

I am not saying every one of you has done the same thing. I am saying that I think its irritating that some of the guys who have posted here in a condescending manner have sped at some point, not that you all have. .........

A lot of riders speed when the situation is safe and discreet. They typically will not post responses to this type of thread. Don't be surprised at the lack of supporters for your situation. Invariably your type of thread will bring out the pious, outraged, upstanding moral citizens who never ever jay-walked in their lives.

Get a good lawyer and fight the ticket if that is counsel's advice.

:ride

Neros131

12-08-2007, 12:25 PM

Yeah, I used to work in a lawyers office. I am giving them a call on Monday with the advice that Burning1 left, it seemed to be the most informed.

And thanks Burning1 (and the others with advice), the information you posted (along with the link) is greatly appreciated. I didn't meant to come off so self righteous, I know what I did was stupid. I wasn't really looking for people to condone it, I was simply looking for legal advice.

B-Cuz

12-08-2007, 01:00 PM

Neros131

12-08-2007, 01:13 PM

Nerosa131, if there is any question as to what someone intended to imply with their comment there's no problems in asking. People on this forum are pretty open in their opinions obviously, but just as open in their intentions. My comment for example, I see no need for anyone to be traveling at that rate of speed (80+). On the I-5 sure on any other freeway in the Bay, absolutely not.

Well, as I said, I am not defending my actions. It was stupid, plain and simple, and I shouldn't have done it by any means.

And again, thanks to the people who posted. Warpkor, I can only hope that I get as lucky as you... I am expecting the whole thing: fat fine, license suspension. I will ask for the whole "keep the license to get to work and school" thing, that is the only part that really frustrates me. Well, that and my insurance quotes...

schumacher62

12-08-2007, 11:09 PM

And thanks to all the guys with the extremely irrelevant posts, I sure enjoy entertaining the idea that you have never sped, ever.[/QUOTE]

what do you really expect peoples sympathy to be? that you are getting screwed over, or that the law is wrong, or perhaps you were justified in your speed? what is it you want to hear? i travel that exact road at the same hour, sometimes in a car and yes, at risk of deer on my bike. i would hate like hell to have you around me at any point of my drive/ride.

Burning1

12-09-2007, 03:06 AM

Well, as I said, I am not defending my actions. It was stupid, plain and simple, and I shouldn't have done it by any means.

And again, thanks to the people who posted. Warpkor, I can only hope that I get as lucky as you... I am expecting the whole thing: fat fine, license suspension. I will ask for the whole "keep the license to get to work and school" thing, that is the only part that really frustrates me. Well, that and my insurance quotes...

I'm glad we could help.

Don't hesitate to ask if you have any other questions, and please let us know how it goes.

Neros131

07-07-2008, 02:25 PM

Well, just to completely conclude this thread, my ticket was finally resolved last week.

I used to work for a lawyer, and when I asked for his advice on this ticket, he offered to represent me for free. He made several appearances on my behalf, and I only had to come to the final one. Since everything was so drawn out, the CHP officer never came to the last one, and my ticket was dismissed. I got really lucky.

Thanks for the help, everyone. It was nice to get some feedback before taking any actions!

Marlowe

07-07-2008, 02:58 PM

Here in AZ 20 over is criminal speed and can get you a trip to jail.

Just to clarify, AZ's hard limit where it becomes misdemeanor excessive speed is 85, which is only 20 over in some places.

The limit is 75 on some sections of the Interstate, and the legislature has pissed a bill that allows the limits to be increased to 80, but AZ DOT doesn't seem likely to do it.

Unfortunately, the amendment to the bill to increase the excessive speed threshold didn't pass.

What this means is that it is currently possible to get a misdemeanor charge in AZ for 10 over, and if the limits increase, 5 over in some places.

BARFers, please keep this in mind when travelling through AZ. I think you'd have to really piss off DPS (or really, really exceed it) to actually get cited for it, but it is possible.

(And to think, not all that long ago, the limit was 85 on freeways in AZ...)