74 mph? What!?!

[stagman]

Coming home from the Riv County Fair on Sunday, I was given a speeding ticket by a Chippie. 74 in a 55 zone.

Ok, backstory... While driving with my wife, my son, and two friends we noticed a CHP officer had pulled someone over in the oncoming lane. At that time I looked down to see that I was doing around 64, 65, somewhere in there. (I'm not denying that I was speeding). 45 seconds later, I see red lights in the rearview and proceeded to pull over. The officer was courtious, and asked me for my info. I complied, expecting a ticket for 65.

When he returned, the ticket stated 74mph! I immediately asked if I could see his radar device, and he stated that another officer, which was still pulled over a ways back, had gotten me on radar doing 74, and radioed over to get me. I was in a line of cars, all doing similar speeds.

I guess my question is... Do I go to court to plead guilty, and tell the judge that I was only doing 65, with 3 witnesses? Only to HOPE that he/she reduces my fine? Or plead not guilty? A deputy neighbor says that both officers would have to show for court (unlikely). I dont want out of the ticket, but 74 is a lie! (not calling the officer a liar, just that my driving record is impeccable, and speaks for itself... I take pride in it, and always have.

I am fully aware that I was doing wrong, but the difference in the fine of the ticket between 20 mph over and 10 mph over is signifficant.

Any advice?

[slowjonn]

Just some food for thought...

The point that the Chippie got you on radar and the point you looked down to see how fast you were going could have been at two seperate times. It is human nature to let off the gas the moment they see a cop THEN look down at the speedo. It is relatively easy to bleed off 5-10 mph in that time.

So while you were doing 64 mph when you looked at the speedo, you may have been doing 74 mph when you were locked on radar.

You can fight it, but by your own admission, you were still over the limit. Most judges will view you as a violator still and side with the officer. You may get lucky and they wont show.

Or you could do traffic school and keep it off your record.

Good Luck

[Hk996]

Don't matter if you were speeding... i would fight it. go to ticketassassin.com for hints... but you should do a written declaration (probably after you request an extension) you say you were in a line of cars... he could have radar'd the wrong car... he would have to prove it was you. another cop pulled you over... he could have pulled the wrong car. what kind of car were you driving? were there other cars similar in color type etc...? if the posted speed limit is 65mph... then make sure you say/ write you WERE going 65mph... anything over is going over the speed limit.

lastly, buy a valentine one. it would have picked up the chipy a mile away.

[Two Shots]

http://www.ticketassassin.com/fight.html lots of info as Hk said.

[misplacedpants]

Don't matter if you were speeding... i would fight it. go to ticketassassin.com for hints... but you should do a written declaration (probably after you request an extension) you say you were in a line of cars... he could have radar'd the wrong car... he would have to prove it was you. another cop pulled you over... he could have pulled the wrong car. what kind of car were you driving? were there other cars similar in color type etc...? if the posted speed limit is 65mph... then make sure you say/ write you WERE going 65mph... anything over is going over the speed limit.

lastly, buy a valentine one. it would have picked up the chipy a mile away.

He was in a 55 zone there is no question he was speeding. I recently got a speeding ticket, and I can say the best way to beat a ticket is to NOT speed.
I do laugh to myself when I'm going the speed limit and a soccer mom speeds by giving me a look like I just punched a kitten in the face. Everyone drives like Steve McQueen around 8:00am and 4:30pm without any thought of how much a ticket costs.

[FNG TJ]

i tell all of my violators to take the ticket to court (gets me overtime, and i need it for more toys )

[phish]

Trial by written declaration and trial de novo does not work for this very reason.

[freakshow10mm]

Were you speeding? Then pay up and move on with life.

[pat038536]

Take a look at this site.. http://www.speedingtickethelp.info

It gives various ways that the radar/laser/photo unit may have been in error. You may be able to use it in court if you decide to contest the ticket.

I do like this part though..

* Target one vehicle that is speeding and give out numerous speeding tickets to others
* Whistle into the CB on the patrol car which will give out a high frequency pitch and will alter the speed that shows up on the radar unit
* Aim the unit at the ground and swing the unit up into the air
* Clock a low flying airplane

[nickvig]

The only way to get out of a ticket like that is if the cop doesn't show to court, or doesn't respond to a trial by declaration. I realize you're not trying to get out of the ticket, but that's really the only recourse.

You're lucky you didn't get written up for 75 in a 55. The fine for 20mph over goes way up. Do traffic school and be a little more careful, or trial by declaration. My two cents.

[Fire in the Hole]

God, am I ever tired of these "How do I Beat a Traffic Ticket" or "I Got a Ticket, What Should I Do?" threads posted in the LEO Form. Over and over and over again, with the same advice repeated again and again. All the information one needs to know is typed on the back of the citation. Talk about beating a dead horse. Furthermore, any advice given on this LEO sub-forum should be given out exclusively by LEO's or retired LEO's.

[Rob454]

i don't think the cop would really give a s*8t if you were doing 65 or 75. You probably were ding 75 and slowed down etc and by the time you looked you were at 65. yeah i guess you can go to court and tell the judge and see if he will lower the fine.

[Caresq1]

Here is a basic question ... what VC section were you cited for? ie. 22350 or 22349(b).

If it were the later of the two, then good luck ! If you were traveling faster than the posted 55 mph limit, then by the letter of the law, you are guilty. The actual speed you were traveling (74 or 65 or 56) is only used to determine the fine amount and in some cases, if you are or are not eligible for traffic school. What was the "safe speed" listed as on the cite? That may affect your fine also.

I am by no means an attorney and do not provide legal advise, however I do encourage everyone to exercise their right to appear in court. If you don't go, you'll always wonder "what if", if you do go you'll see and hear it.

[TKM]

I have a CDL and have never been convicted of a traffic violation.

Don't break the law in front of the police and you can pretty much get away with driving safely. Drive safely in front of the police and you may never speak to a cop except socially. Drive safely and don't get too wound up about other nut-jobs on the road and you will probably be the boring guy at any party, but you won't be cutting big checks to the insurance companies. Results may vary, objects in mirror may have an angry cop on board. YMMV.

[thedrickel]

Do the trial by declaration, you have nothing to lose, and he has nothing to gain (no OT for TBD ).