Questions for CHP...

[vicb]

Hi all,

Here's my situation:

I received a speeding ticket today for going 80 on a 65mph fwy. I know I wasn't going that fast because it is a curvy 2 lane highway but the Officer told me he clocked me. I would agree that I might have hit 70 but not 80. He put down a radar number on the citation... Is it worth fighting in court?

My godfather who is a recently retired LEO told me something about the radar having to being calibrated. Does the CHP regularly calibrate their radars? I beleive he was using his rear radar since he was stationary when I passed him.

Thanks

[Triad]

Hi all,

Here's my situation:

I received a speeding ticket today for going 80 on a 65mph fwy. I know I wasn't going that fast because it is a curvy 2 lane highway but the Officer told me he clocked me. I would agree that I might have hit 70 but not 80. He put down a radar number on the citation... Is it worth fighting in court?

My godfather who is a recently LEO told me something about the radar having to being calibrated. Does the CHP regularly calibrate their radars? I beleive he was using his rear radar since he was stationary when I passed him.

Thanks

Not a CHP ofc. however I believe the radar is calibrated everyday before the shift starts.

[Poncherello]

That's correct, everyday at the beginning and at the end of shift, the radar unit is checked to make sure it is properly working. The CHP now uses 2 types of radar. Conventional radar, using a microwave band and lidar (laser) which is car specific.

A lot of times when using lidar, your speed can be marked 1500 feet away. By the time you see the unit and look down at your speedometer, you've slowed down.

In court, even 1 mph over the speed limit, the judge will consider it speeding. It's letter of the law in court. However, it's your right if you choose to go to court and plead your case. Hope this answers your question.

[Timberwolf]

In days gone by you could possibly fight a ticket by contesting the calibration of the radar unit and/or speedometer of the cruiser if you were being paced. However these days with modern innovations etc the same doesn't hold as true. Do what you like, its your case, but if it was me I'd just pay the ticket.

**I am not an attorney or LEO and I did not sleep at a Holiday Inn Express last night **

[Uhhlexxxis]

That's correct, everyday at the beginning and at the end of shift, the radar unit is checked to make sure it is properly working. The CHP now uses 2 types of radar. Conventional radar, using a microwave band and lidar (laser) which is car specific.

A lot of times when using lidar, your speed can be marked 1500 feet away. By the time you see the unit and look down at your speedometer, you've slowed down.

In court, even 1 mph over the speed limit, the judge will consider it speeding. It's letter of the law in court. However, it's your right if you choose to go to court and plead your case. Hope this answers your question.

Spot on!

Ask yourself "were there any other cars around?" did he observe you pass or overtake any other vehicles? I admit when I sit in traffic court and hear "well I was only going 72 in a 65", i can't help but think "the maximum allowable speed is 65!!" you just admitted your speed in court.

Hopefully you qualify for traffic school. Usually that isn't an option if you challenge it, thus you potentially take the point on your license.

[bearfanb]

I am not CHP, but currently work @ a courthouse. CHP radar is meticulously maintained, and documented. I don't think you will beat a cite based on calibration, never seen it happen here. The thing most don't realize is the fine is the same for 1-15 miles over the limit. If you are Traffic school eligible, pay the fine, save yourself the court time, and go to traffic school online.

[sirnonz]

i know old thread but anybody know how much a 80 in 65 ticket would cost?

[winnre]

Don't fight it in court, fight it by mail. At least that way if you lose you can STILL go to court. I fought by mail and won. I got my help at ticketassassin.com but there are many sites.

DON'T PAY!!!

[Mike's Custom]

Yes, it is worth fighting. with Arnies increase in fees it is well worth trying. Plus, you can get the radar gun taken into be tested at a independent lab. This will tie up that radar gun for months or even a year. Once you ask for the testing chances are great that your ticket will be tossed because they CHP will not want to lose that unit for so long as it brings in income. You go in, plead not guilty and ask for a trial by jury. This will also make them toss it out because of the cost of the trial. Radar guns should not be calibrated every day since they require special equipment but they could be tested each day. With courts being backed up and the state budget what it is I doubt seriously that they want to prosecute in court.

[roadkill]

Yes, it is worth fighting. with Arnies increase in fees it is well worth trying. Plus, you can get the radar gun taken into be tested at a independent lab. This will tie up that radar gun for months or even a year. Once you ask for the testing chances are great that your ticket will be tossed because they CHP will not want to lose that unit for so long as it brings in income. You go in, plead not guilty and ask for a trial by jury. This will also make them toss it out because of the cost of the trial. Radar guns should not be calibrated every day since they require special equipment but they could be tested each day. With courts being backed up and the state budget what it is I doubt seriously that they want to prosecute in court.

Seriously.. this is the problem.. You shouldn't be giving out info that you have no clue about. The original poster was asking for LEO input and i can tell by the first 2 sentences that you don't fall under that classification.

First off, 80 in a 65 unless there was something else big going on that the OP failed to mention is 22349(a) cvc which is a infraction. You are NOT entitled to a jury trial in Ca for infractions. If the OP goes in, pleads not guilty then the judge will set a date since the first hearing is the arraignment. He has already admitted to breaking the law and as far as the judge is concerned it won't matter if it was 70 or 80. The fine is the same. As for the other poster asking how much the fine is.. that will depend on the violator. Penalty assessments are based often on how recent your last ticket was. The more tickets recently, the greater the enhancement on the fine amount. The whole radar testing thing is bogus too. You can ask for the log books for calibration information, but that really isn't going to buy you anything. Radar is calibrated at the beginning and end of each shift.
One last thing to address: CHP doesn't have "income" from any citations that they issue.

[Ron-Solo]

and you won't get a radar gun sent to an independent lab on an infraction. If you could, YOU would have to pay for such testing IN ADVANCE, which would be more than the ticket.

The info posted by Mike's Custom is total FUD.

[Eroland7]

for a citation for only 15mph over the limit, you are eligible for traffic school as long as you havent done it in the last year or two. Your best bet would be to pay it and request traffic school. At least your insurance wont go up.

[code33]

What roadkill said...

Furthermore, recertification of a radar/lidar unit by an independent lab does not take months.
For example, the following lab's usual turn around time is 24hrs: http://www.radaretc.com/faq.html

Seriously.. this is the problem.. You shouldn't be giving out info that you have no clue about. The original poster was asking for LEO input and i can tell by the first 2 sentences that you don't fall under that classification.

First off, 80 in a 65 unless there was something else big going on that the OP failed to mention is 22349(a) cvc which is a infraction. You are NOT entitled to a jury trial in Ca for infractions. If the OP goes in, pleads not guilty then the judge will set a date since the first hearing is the arraignment. He has already admitted to breaking the law and as far as the judge is concerned it won't matter if it was 70 or 80. The fine is the same. As for the other poster asking how much the fine is.. that will depend on the violator. Penalty assessments are based often on how recent your last ticket was. The more tickets recently, the greater the enhancement on the fine amount. The whole radar testing thing is bogus too. You can ask for the log books for calibration information, but that really isn't going to buy you anything. Radar is calibrated at the beginning and end of each shift.
One last thing to address: CHP doesn't have "income" from any citations that they issue.

[Mike's Custom]

and you won't get a radar gun sent to an independent lab on an infraction. PIf you could, YOU would have to pay for such testing IN ADVANCE, which would be more than the ticket.

The info posted by Mike's Custom is total FUD.

Not true. Yes, you would have to pay for the testing IF it proved to be accurate. Not if it is inaccurate. the thing is, the LEA does not want to lose a radar gun because it is lost revenue. You do the posted above and it does got to court they will drop it. Been there done that.

At this point in time, I sell firearms to a couple judges in Bakersfield as well as a to some very large law firms here. The courts are over taxed and any challenge spent on low priority cases stand a great chance of getting kicked.

[IrishJoe3]

Yes, it is worth fighting. with Arnies increase in fees it is well worth trying. Plus, you can get the radar gun taken into be tested at a independent lab. This will tie up that radar gun for months or even a year. Once you ask for the testing chances are great that your ticket will be tossed because they CHP will not want to lose that unit for so long as it brings in income. You go in, plead not guilty and ask for a trial by jury. This will also make them toss it out because of the cost of the trial. Radar guns should not be calibrated every day since they require special equipment but they could be tested each day. With courts being backed up and the state budget what it is I doubt seriously that they want to prosecute in court.

You make me LOL