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YOUR RESEARCHHelp with Speeding Ticket in CA
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Check speed
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So, I checked my speed then and slightly breaked to make sure I was going 65.
Leading evidence: 'Check speed' (no explicit attributable resolution; this is a reported action or suggestion). Across 1 matching discussions, the most frequently mentioned possible cause is 'faa might later be looking over the court records' (1 discussions; 0 report identifying it and 1 suggest it). The most frequently discussed action is 'Check speed' (1 discussions). For that action, 0 discussions report a resolution and 0 report an unsuccessful attempt. No action has an explicit, attributable resolution report under the current rules. These are forum reports and suggestions, not a confirmed diagnosis.
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Suspected cause
Flying officers do NOT like to testify if they suspect the FAA might later be looking over the court records.
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Suggestion
Two weeks and a day before your court date, go in and request a change of date.
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Suggestion
It's the classic example of using calculus with regard to estimating derivatives of the rate of change with speed.
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Suggestion
It's the classic example of using calculus with regard to estimating derivatives of the rate of change with speed.
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Got pulled over on 280 in Northern CA. The guy said that the aircraft had clocked me going 90. I just don't understand how they can accurately clock me on a windy crowded highway. Any suggestions for fighting this? Any useful websites out there?
Thanks
Na that's not the way they get you. It's the classic example of using calculus with regard to estimating derivatives of the rate of change with speed. I was given such an example my freshman year.
Sean: I thought they used VASCAR (time to cover known distance) from the air, but you say they're using calculus? Why would they do that? How do they do that?
You must fight it in court! Plead not guilty. Two weeks and a day before your court date, go in and request a change of date. When they offer you a new date, tell them you need something later. By now, your court date will be almost a year after the fact and it's a good chance that the cop won't show up.
If he DOES show up, you may want to ask for traffic school. <img border="0" alt="[crying]" title="" src="graemlins/crying.gif" />
if you seriously want to get off of it, get a lawyer. they have saved my *** a few times with tickets when i was a kid.
and paul is 100% right. fight it, and definitly have it postponed. (a lawyer will most likely do that as well for you) the longer its dragged out, the less of a chance of a conviction. see if a lawyer can drop it down to an equipment violation. still a fine, but no points or record of speeding (which is what im assuming your worried about most)
</font><blockquote><font size="1" face="Verdana,Tahoma,Helvetica">quote:</font><hr /><font size="2" face="Verdana,Tahoma,Helvetica">Originally posted by TP:
<strong>Got pulled over on 280 in Northern CA. The guy said that the aircraft had clocked me going 90. I just don't understand how they can accurately clock me on a windy crowded highway. Any suggestions for fighting this? Any useful websites out there?
Thanks</strong></font><hr /></blockquote><font size="2" face="Verdana,Tahoma,Helvetica">Check the Boxster Board there's a reference in one of the posts to what questions to ask before going to court. Anything they fail to provide you with (discovery) and you're off the hook. Chances are they'll NEVER go through all the work required to send you all you want
TP,
Email me at [email removed]. I have an amazing traffic lawyer who has helped me out a LOT. You would have to pay for his travel expenses, but he is worth it.
If your ticket is in the San Jose area send me an email and I will give you the name and number of a traffic ticket attorney. We went to law school together. I now only handle real estate related matters, but I let my classmate take care of my tickets. Jeff
DEFINITELY fight it!
Both the CHP that pulled you over, AND the flying pig that clocked you have to show up to testify.
Chances are one or the other won't
I was told by a friend who is a San Diego Sheriff that the CHP never sends the aircraft pilots to court because it cost more money to send them to court than your ticket cost. The pilots are sometimes flying out of airports that are 100-200 miles away and then they have to fly the pilots in to the city for court and it is just a waist of time and money on their part and they would make more money if the pilot was in the air getting other people that wouldn't go to court. But don't quote me on it. Just relaying what he told me.
C4C_Leon: Calling cops pigs is so sixtyish. Grow up.
dbelleperc: Your info is likely accurate. The CHP air units that cover the San Diego area, for example, are based in Thermal.
Definitely fight it!
Check out these web sited:
<a href="http://www.motorists.org" target="_blank">www.motorists.org</a> This is National Motorist Association - great org. Lots of great info and I'm a paying member.
<a href="http://www.ticketassassin.com/index.html" target="_blank">www.ticketassassin.com/index.html</a> Another vantage point..
Good luck, and as as others have pointed out, it's worth the effort, even if you have to miss 1/2 or 1 day of work. But, if you qualify for traffic school, you could also go that route..
TP:
Be certain that you were really clocked by aircraft, not just told that. Don't want any surprises in court. The other advice is valid:
Both the airplane guy and the ground guy must appear in court. Get advice from National Motorists Assn. Did you ask how the guy in the plane determined your speed? If he used road markings, find out which markings and then go find them if they are really there. Get photos of the area.
First!
Have the court supena both officers, air and ground, into court. Request and obtain any and all notes from both officers. Contact the FAA and find out what the VFR flying advisories, weather, pireps, etc, were at the time of your citation. Also ask the FAA of/for any record of flying violations of the officer.
The FAA does not look kindly on VFR flight with the lone officer/pilot mostly watching and timing traffic down on a roadbed while also flying VFR.
And be sure and call the nearest air traffic control tower/facility and inquire about the officers flying "record" with them. In one instance I found that the pilot had been warned to clear the area due to low overcast at about the same time the ticket was issued.
Flying officers do NOT like to testify if they suspect the FAA might later be looking over the court records.
Let THEM know that THEIR big brother (the FAA) is also watching!
Just a thought, but were you actually doing 90 mph? I'm assuming you have a pretty good idea of what your speed was.
We're talking about this as though the police have violated you - fair enough if you were crawling along and they've made a mistake - but otherwise this all seems a little aggressive - we all speed, but when you get nicked, you're nicked - why all the drama? It's only a speeding ticket isn't it, or are you high on points already? Just my 5 cents.
TP,
What area on 280 NB were you pulled? I also was going 95mph two years ago on this same stretch and was clocked at 90mph when I immediately slammed on the brakes after seeing a cop on the side. Funny thing is he was parked on the side behind a right banking turn on the freeway so I wouldn't have ever seen him until I turned the corner. This was toward SF right after the Daly City bart HQ if you know the area.
FYI, and everyone based in California if you arent aware, most CHP's have rear facing radar guns which they can park on the side of the road and get your speed. Like in my case, I passed the cop going 70mph after slamming on the brakes and still he caught me about 300 feet behind him going 90. So don't think just because a CHP is pulled over to the right of the freeway with emergency blinkers that he's not waiting for unsuspecting victims.
In the end however, was able to talk my way out of that ticket after telling the cop a true sob story I was selling my Porsche because my insurance was too high from points and it got me in nothing but trouble. In the end the cop gave me a good lecture and wrote me up only for no front plate and tinted windows.
BTW, before you consider traffic lawyer, perhaps if you have no points maybe you can take traffic school first. It may save you some money and time.
Do traffic schooling online, I had a method that lets you finish within 1 hour in your house even with pajamas.
</font><blockquote><font size="1" face="Verdana,Tahoma,Helvetica">quote:</font><hr /><font size="2" face="Verdana,Tahoma,Helvetica"> high on points </font><hr /></blockquote><font size="2" face="Verdana,Tahoma,Helvetica">LOL!!
Chris
Thanks all for all the great input.
DaveH, I'm not yet sure whether I will fight it, as I'm not sure how fast I was going. I had the top down in my targa on a sunny saturday morning and I was not paying attention. I was weaving a bit between the cars to avoid congestion and that is why they probably noticed my car.
The thing is I saw the CHP biker come onto the highway just as I passed him. So, I checked my speed then and slightly breaked to make sure I was going 65. Again, I don't remember how fast I was going before breaking. But, I know when he got behind me I was going the speed limit.
Two reasons to fight this--(1) I don't know if he is bull****ing me; did the aircraft really get me? he pointed to some spec in the sky and was sort of pissy. (2) I can't enjoy my drive on 280 anymore. I'm constantly checking my speed. We all get busted, but the CHP should play by the rules. But, I'm not sure if I will fight this, partly because I agree with your sentiment.
reuy220, I got busted going north on 280. I got pulled over on the Edgewood exit, and the CHP biker got on the 280 from the exit before Edgewood, which I think is a rest stop.
Thanks again for all the good info.
TP
I believe that part of 280 they do post that speedlimit is aircraft enforced so if he claims you were caught by the aircraft they would need one of the guys from the aircraft to see you in court.
a good advice is next time, instead of pressing the brake, use the e-brake to slow down so you don't light up the brakelights. A cop who is trying to pace you can easily see that if you hold the brake a good 3 or more seconds to slow down to 65mph it would mean that you were going at least 80+mph. This also gives evidence that can be used in court to prove you were going faster than posted speedlimit.
Just make sure that you don't pull it hard or abruptly. One time I panicked when a cop was pacing me back when I had my BMW, I pulled the parking brake so hard that it caused my rear end to lock up and weave in front of the cop. I was going 80+ and nothing was going to stop that cop from pulling me over.
Another tip if you have the guts is to try to avoid signing the tick. ex. If this happened at night, you can stick the tip of your finger on top of the pen and pretend to sign it. I know a few people who have gotten away with this, an unsigned speeding ticket means you do not agree to go to court, meaning when court date comes, you do not show up and inevitably the ticket gets thrown out. Although I was always recommended to do so, I never had the *****.
Don't be so worried about speeding again on this stretch of 280mph. My parents live in Woodside area, and my parents for the past 4 years has traveled up and down this stretch going 80mph and only got a ticket once each of them. The probability it will happen to you again is 1 in at least 10,000 as they are severly undercopped in this area.
hoffman912:
So it's OK for someone to insult a friend in the airborne law enforcement community, but not OK for me to call that someone on it. Thanks for clearing that up..........
Ruey,
That's not true. I got a ticket on the 1 just north of monterey and I didn't sign the ticket.
Later, I got a letter from the DA telling me to go to court because of the "accident" I was "involved in!" The date and time were the same as what the officer wrote on the ticket.
Good thing I did the trial by mail, then trial de novo. In the end, the officer transferred and the case was dismissed ;>
So that's the other reason to keep postponing. If the officer transfers out, the case is dismissed.
Lomcevak,
Friends don't give friends tickets, ergo any ticket giver is no friend of mine.
Besides, don't you see the humor in the "flying pig" comment? <img border="0" title="" alt="[Wink]" src="wink.gif" />
seggy, I also did the trial by mail, many years ago. I believe if you live more than 100 miles for the court, you can request a trial by mail. Not sure how I did it, bu I won my case.
seggy,
it is true. you will get a bench warrant, but without the signature they cannot force you to go to court. I know 2 different people who got away with this. You will have a bench warrant which if you are pulled again, you will get caught.
The DA probably assumed you signed the ticket because the case # is on file and you did a no show. Go to the judge, have them pull the original ticket and tell the cop in his face that you never agreed to go to court for this ticket. The law says that sign the ticket to agree you will appear in court. without a signature you don't agree, so court is posponed for the cop failing to force you to sign it.
Regarding not signing the signature, again I am not condoning this, just letting people who are crazy enough to try it that it will work from a legal standpoint.
The biggest hurdle is that if you refuse to sign it the cop will take you in and you will need to post bail. Also, if you are caught trying to fool the cop, they may get you for fraud.
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