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Got a speeding ticket, 66+ in a 65...DUDE!!!

letsrideinsc

letsrideinsc

...
Joined
Oct 3, 2008
Location
Santa Cruz
Moto(s)
XR600R
Howdy LEO's

1. section you were cited for:

Section 22349(a)VC - Speed 65+

speed approx 66+ written in box

2. city where you were cited:

Santa Cruz

3. your vehicle info (not required, but helps alot)

1999 Honda VTR1000F SUperhawk

4. what the OFFICER TOLD YOU:

She said I made an erratic splitting maneuver and was over the speed limit.

5. what you TOLD THE OFFICER:

" I immediatly said WHAT???? I didn't split or do anything wrong, I mentioned that I ride HWY 1 everyday and observe my distance between cars and mind the speed limit always. She corrected her self and said I didn't split but rather observed me while merging and did an eratic maneuver and I appeared to be 10mph over the limit.

I said I ride everyday and observe limits and go with the flow I have never rec'd a speeding ticket on my motorcycle, I'm proud of that. I did mention to her that my speedometer was off (due to gearing) so I am constantly correcting the speed in my head, but I said I was doing the speed limit observing my space and moving with the flow of traffic which was at 8am rush hour.

6. a brief description of the location (ie...lights, what type of intersection, what type of street, etc.....)

The apparent maneuver was two lanes merging onto hwy1s from Hwy 1n where hwy 17 joins 1 south (the fishhook) where the traffic gets quite sticky and comes to a grinding halt most mornings, I guess I took the opportunity to get in front of a semi truck driving in the fast lane, I accelerated into the fast lane just like the drivers manual says to. My lane change was std operating procedure for a motorcycle, I approached slower cars and made the lane change into the fast lane making the maneuver appear to be faster than it was. That's my guess. I want to fight this ticket as I'm a safe motorcyclist with a great record of only 1 ticket in 15 years.

Should I fight this??? Was the CHP in the wrong, what do ya'll think?
 
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This CHP will be laughed out of the courtroom by the judge...and that's if she even has the guts to show up...plead not guilty...set a trial date as far into the future as possible...and watch the officer chicken out...
 
Repsol Robert said:
This CHP will be laughed out of the courtroom by the judge...and that's if she even has the guts to show up...plead not guilty...set a trial date as far into the future as possible...and watch the officer chicken out...
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+1

Totally worth fighting IMO... I would not take a point for a moving violation for 1mph over....That's just wrong..
 
FO SHO FIGHT THAT SHIT! what a douchebag...
 
you guys are all cracking me up, so under what bassis will the judge laugh that shit out of court? he wont and you will end up with a ticket and a lost day of work or school. pretty rare to see a judge laugh a ticket out of court. if the officer shows up it's still going to be your word vs hers and im sure the judge will pick hers.
 
i8marcus said:
+1

Totally worth fighting IMO... I would not take a point for a moving violation for 1mph over....That's just wrong..
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Just because that's what is written doesn't mean that's exactly what the observation was. She told you 10+, right?

Guess what she's going to testify to. Hate to burst your bubble, but just because it's only 1+ mph written on there doesn't mean you're going to win.

If training was 65mph +/- 5mph, then you would be within that margin (if the 1mph over was the observation), but if they are going to testify it was 10mph over, but only 1+ mph written on the citation, you're going to be hosed unless you have some other argument.

I too have never seen a judge laugh at an officer and out-of-hand dismiss the citation.
 
spddrcr said:
you guys are all cracking me up, so under what bassis will the judge laugh that shit out of court? he wont and you will end up with a ticket and a lost day of work or school. pretty rare to see a judge laugh a ticket out of court. if the officer shows up it's still going to be your word vs hers and im sure the judge will pick hers.
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EXACTLY!!!! This is what I'm expecting. But I'm still going to fight it, my record should be an indicator of my truth. But, my experience is if you fight a ticket, expect to loose.

I did receive a ticket while riding my bicycle in Santa cruz, I stopped at a red light in the left turn lane, foot on the curb, the walk sign lit up to the left of me and pedestrians were crossing in front of me...stupid me...I said oh, I'll just ride in the crosswalk with the pedestrians...wrong! They got me for running two red lights, because once I got to the curb, I proceeded across the next crosswalk all with pedestrians. We'll I thought I was all good, wrong I had the book thrown at me. I fought the ticket, the motocycle cop that ticketed me had to show up to court in a suit BUT with a broken leg, I think he was inconvenienced a little, or I hope so.

But I learned to not fight ticket while watching every other person get denied before me in traffic court, all the same thing my radar was calibrated on this date, this time...blah blah, they have their asses covered for sure.
 
I think your best bet is to go to court plead no contest and ask for a fine reduction and traffic school, again im no cop or lawyer but usually it works out better then going in there and straight losing:teeth
 
Contrary to what others seem to think they know, the section you were cited for is a maximum speed violation. Meaning unlike the basic speed section of 22350 VC, you can't argue that you were going "Safe for conditions" as one mile over the limit is a violation.
Your only argument would be how she knew that you were over 65 MPH.
 
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And this is why we dont give breaks.

If you were going 66 you are in a 65, then you have violated the section. Fight it if you want, however.....

All the officer has to do is prove that you were traveling in excess of 65.
 
Lo siento, senor.


EDIT:
My frustration is not with the OP for asking advice, but for the people chiming in with poor advice.
 
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exercise your trial by declaration option first. if convicted (prolly) you can see the officers declaration and line of thinking. then you can go to court if you wish..
 
I don't know about the CHP, but most departments pay overtime for court appearances. I can't imagine why a police officer wouldn't show up to court when they're getting paid more money to be there. :2cents
 
Kornholio said:
I don't know about the CHP, but most departments pay overtime for court appearances. I can't imagine why a police officer wouldn't show up to court when they're getting paid more money to be there. :2cents
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Because getting up at 9am for court when you get off work at 6am really sucks. Especially when the defendant is fighting a stupid infraction ticket that they were caught dead to rights on, and are fighting the ticket solely for the hope that the officer doesn't show up, because when they see the officer does show up, they have absolutely no defense other than the following:

- I can't be guilty because I always stop at that stop sign.
- I can't be guilty because I never speed on that road.
- I just feel like I was being harassed.

I'm not saying that I don't show up for court. Hell, I'm subpoenaed for court, just like the defendant. I'm just saying that it sucks to have to go to court on dumb stuff.
 
"I did mention to her that my speedometer was off (due to gearing) so I am constantly correcting the speed in my head, but I said I was doing the speed limit observing my space and moving with the flow of traffic which was at 8am rush hour."

Hope she did not write this information on the back of the copy of her citation so she could present this added little tidbit in court to the judge who will probably tell you you were lucky to get off with just the speeding ticket. So would you go to traffic school to keep the ticket off your record or would you pay the fine?
 
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