LYING COP hit me with a 90+ TICKET

[Boost on This]

Hey All,

I need some advice on a speeding ticket I got last night that I plan to fight.

Short and simple.

1. Highway Patrol….one female and one young male.
2. Ticket for 90+ (they never clocked me).
3. I got on the freeway 110 N…from one on ramp to the next exit.. 90+ in a SHORT distance.

HIGHWAY PATROL STORY.
The cop was chasing someone else from a 1/8 mile back. Then “HEARD ME” get on the freeway. And saw me pass the car they were pacing. That car was going about 80…according to them. So they derived to the conclusion that I was going about 90+

MY story:
I got on the freeway, just got the car back from the dealer, had them check out a rattle sound under WOT. It’s 1:50AM, (I don’t drink), I’m on an open freeway, and I stepped on it to check the car out. I never looked at my speedometer. I passed the HIGHWAY patrol’s suspect car that was already slowing down…. So I looked in my rear view and from 1/8 to 1/16 mile back I see this lights coming. So I let off, and look at my speedometer (70MPH). He pulls me over.

First the female talks to me.
Cop: Hi there, going a little fast there.
Me: yeah, sorry.
Cop: Have you been drinking?
Me: No officer, I don’t drink.
Cop: is this car yours?
Me: yes
Cop: your license and registration please.
Me: (gave her my license and told her the car was new, so I don’t have plates nor reg. card. But I pulled off the reg sticker from the window, and gave it to her. I told her that the dealer messed up with the VIN number of my car and had to re-process, which is why they’re delaying the registration….I was being TOO honest about everything…what do I get? TREATMENT like a suspect. They start checking out the car. Both officers goto work double checking the VIN number and the sticker and my Sales contract from the dealer, which I had in my glove compartment. Then she says hand tight.

5 minutes later

The MALE cop comes back:
COP: I’m giving you a speeding citation.
Me: (looking at the ticket) I didn’t go over 90? Why does it say 90+
Cop: You were going over 90
Me: How did you derive to that number if you never paced me?
Cop: We were pacing the other car, when we saw that you actually passed the other suspect.
Me: So what speed do you think I was going?
Cop: Approximately 92 MPH
Me: So, you saw me do 92MPH?
Cop: We were pacing the other car, when we ‘HEARD’ you coming onto the freeway
Me: you heard me coming onto the freeway, huh? I saw you guys 1/8 mile back coming on fast…I believe you were going 90+ to catch up with the suspect and the suspect car slowed down when I passed him. I was not going 90+
Cop: just sign the red box, you’re not admitting guilt.

So I signed it. I can’t believe I was so nice to the cops and this young buck guy decides to lying on the ticket to hit me with the highest number he can un-educatedly guess.

Anyone got any suggestions? I’m taking this one to court!

 

[351MachOne]

This will be easily defeatable. Keep that dialogue. Save this post, or write it down immeadiately. In Ga, this would be EASILY beatable. Because they are only guessing, this will be a silly slap on the wrist.

Look up the law they cited you breaking. Read every single word of it. Then look on the ticket for the means by wich they clocked you. (Look up the law online, just about every state has a website with them listed) Then be very nice to teh solicitor, (this probably wont need to go to trial) Get it reduced to 14 over and bust out.

 

[351MachOne]

If you try and 'beat it' they will almost always dick you (without a lawyer) It is always easier to settle with the state. If you do get a lawyer, you can kill it.

 

[Boost on This]

94SVT Coupe:
They stopped chasing the other guy and pulled me over.

this is the DMV Vehicle code they gave me:

Maximum Speed Limit
22349. (a) Except as provided in Section 22356, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour.

(b) Notwithstanding any other provision of law, no person may drive a vehicle upon a two-lane, undivided highway at a speed greater than 55 miles per hour unless that highway, or portion thereof, has been posted for a higher speed by the Department of Transportation or appropriate local agency upon the basis of an engineering and traffic survey. For purposes of this subdivision, the following apply:

(1) A two-lane, undivided highway is a highway with not more than one through lane of travel in each direction.

(2) Passing lanes may not be considered when determining the number of through lanes.

(c) It is the intent of the Legislature that there be reasonable signing on affected two-lane, undivided highways described in subdivision (b) in continuing the 55 miles-per-hour speed limit, including placing signs at county boundaries to the extent possible, and at other appropriate locations.

Amended and Repealed Sec. 22, Ch. 766, Stats. 1995. Effective January 1, 1996. Repeal operative March 31, 1996.
Added Sec. 23, Ch. 766, Stats. 1995. Effective January 1, 1996. Operative March 31, 1996.
Amended Sec. 1, Ch. 20, Stats. 1996. Effective March 29, 1996.
Amended Sec. 41, Ch. 724, Stats. 1999. Effective January 1, 2000.

 

[Boost on This]

Glad I didn't get this one:

22348 Excessive Speed and Designated Lane Use

30 days car gone and >$500 fine

 

[Juiced-03]

You admitted it yourself "I got on the freeway 110 N…from one on ramp to the next exit.. 90+ in a SHORT distance. "

You were speeding and you got caught. They were only doing their job but you were lucky that they didnt get you on radar because then you wouldnt even be able to think about fighting it. You can try to fight it, and hope that one of them doesnt show up in court. I think that is your only hope. You have to remember that CHP officers are experts at speed guestimation. That is their job! I am not calling you a liar, but like they say, if you want to play you got to pay!

 

[UnprediKtable]

I'm going to attempt this one, but any real lawers out there feel free to correct me, I'm just a student.

First of all, you admitted to speeding when the cop asked if you were going a little fast. Don't ever do that. They want you to admit things so they'll ask "Where are you going in such a hurry?" and you have to respond "I'm not in a hurry" ... see its cruel and tricky!:nonono:

Next, don't ever give a cop a reason to suspect you. Never volunteer information (be SILENT!!) Volinteering tons of info when cops don't request it makes you look REALLY suspicious. So any future altercations involving your VIN just keep quiet.

Because they used a visual determination/ "estimation" of speed, you can probably get the ticket reduced, but you could have accomplished the same thing with less frustration by simply asking to see the radar readout (which they don't have to show you but they would have to explain their whole story).

Just stick to your "I just got on the highway and this guy was flying at first and started breaking hard, so I rolled by him and the next thing I know I'm being pulled over" story and you'll be ok. A lesser fine maybe. Good luck and I hope this helps

 

[71stang99]

I was popped on my way here to Texas by NMHWPD, they burned me for doing 89 in a 75 in my POS 83 4X4 Toyota (195xxx miles) 4 cylinder truck..UPHILL with enough shit to last me 3 months. There is no way I was going that fast, truck barely maintained 75 and when the cop said I was going that fast i told him "the only way this truck will go that fast would be if you through it out of an airplane." = $89 fine or as I found out to keep it off my record would be $55 dollar court fee and another $55 for a "donation" talk about bullshit....

 

[depken]

First of all, you admitted guilt. As you have been told never do that. If the officer was good, she/he noted that on the back of the citation. Now I dont know about Calif. law, but in Ohio we would have to get some kind of tracking history to prove speed. Visual observation is important but they also need confirmation. Thats what radar/laser/ect... is for. I would contest it only because how can I pace one car, at a constant distance, and judge a second cars speed without actually pacing the second car. You can contest it but it could be an uphill battle since you have admitted guilt.

 

[CuLaTeR]

Originally posted by UnprediKtable
I'm going to attempt this one, but any real lawers out there feel free to correct me, I'm just a student.

First of all, you admitted to speeding when the cop asked if you were going a little fast. Don't ever do that. They want you to admit things so they'll ask "Where are you going in such a hurry?" and you have to respond "I'm not in a hurry" ... see its cruel and tricky!:nonono:

Next, don't ever give a cop a reason to suspect you. Never volunteer information (be SILENT!!) Volinteering tons of info when cops don't request it makes you look REALLY suspicious. So any future altercations involving your VIN just keep quiet.

Because they used a visual determination/ "estimation" of speed, you can probably get the ticket reduced, but you could have accomplished the same thing with less frustration by simply asking to see the radar readout (which they don't have to show you but they would have to explain their whole story).

Just stick to your "I just got on the highway and this guy was flying at first and started breaking hard, so I rolled by him and the next thing I know I'm being pulled over" story and you'll be ok. A lesser fine maybe. Good luck and I hope this helps

Good lord!

The officer suggested that you were going a little fast. You admitted to going fast. What constitutes fast? I go fast everyday doesn't mean I am exceeding the speedlimit. Fight it! The officer is going to have to show up in court and prove beyond a reasonable doubt that you were doing 90+ which he can't do. He can only guesstimate. Guessing in a court of law gets you know where.

 

[L.B.]

Originally posted by Boost on This
Hey All,

I need some advice on a speeding ticket I got last night that I plan to fight...
Short and simple....
So I let off, and look at my speedometer (70MPH). He pulls me over...

Originally posted by Boost on This
Maximum Speed Limit
22349. (a) Except as provided in Section 22356, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour.

Originally posted by Boost on This

Anyone got any suggestions? I’m taking this one to court!

Suggestions? Stop whining and calling people liars and take responsibility for your own actions...

Oh Ya...definitely save this post and take it to court :idea:

:loser:

 

[Poisonous Mods]

1. Highway Patrol….one female and one young male.
2. Ticket for 90+ (they never clocked me).
3. I got on the freeway 110 N…from one on ramp to the next exit.. 90+ in a SHORT distance.

Dude how old are u? But u did it to ur self & Dude :dw: its u who is lying.

 

[Dana]

Boost,
Take it to court. You have nothing to loose.

But keep in mind that a cop with a few years experience doesn't need the radar. He already knows how fast you are going and uses the radar to confirm it and to produce evidence in court, if necessary.

Also, for you to have violated a speeding law and be found guilty, all that is necessary, generally, in the eye of the court, is to prove you exceeded the posted speed limit, not by how much. So, in your case, all he has to do is show that you were going faster than 65 MPH.
If they were clocking the other car and it was exceeding the limit, and you passed it, you were exceeding the limit too. Even if it had been going 80 and was slowing down and had gotten down to 70, and you passed it at that point, you were going faster than the speed limit.

You could conceivably get the violation reduced to the minimum level.

Good luck,
Dana

 

[03InThe11s]

In Ga they have to pace you for 1 mile before they can right a ticket. either that, or they have to have radar or laser to back up their claims. they must show the radar or laser to you if asked, and it must have been calibrated within the last 24 hours. (coming from a GSP buddy of mine) but thats in Georgia.

 

[Boost on This]

Thanks all for the advise.

I'd like to note that I admit I was going 'FAST' but I disbute that I was going '90+'.

That's my point. I'm tring to reduce the fine. The officer can't verify my speed after pacing another car and then tring to guess my speed.
After all, he was speeding up to catch up to the other car.

L.B. -
I'm not whining. I'm calling the officer a liar, since he GUESSED my speed, and when I challenged, he stuck by it. No phycial nor scientific proof. He continued to say 92 MPH exactly when I asked again.

Why would you icon me as a loser? This is a 03 cobra forum, for all of us to help each other out.

Now, if I had to whine...then I would whine that my snorkle shakes alot and my car doesn't go. That's worth whining about, my 'Sick Mach' friend.

 

[stevieb]

Face it you got caught period! You admitted going 90, the CHP said they were clocking the other guy at 80, heard you (hi performance cars on the gas make noise, unlike grams old rambler) Noticed you overtake their pace car and they thought you were a worse driver than the one they were following. Bingo they got you! How many times you get away without getting caught. Consider it a lesson learned.

DON'T DO THE CRIME, IF YOU CANT DO THE TIME!!!

 

[Boost on This]

Hey Poisonous Mods,

I'm 28. You know me. I'm Parvez. the guy with the White Cobra.
Met you at Swansons & the Fullerton get together.

I'm the bald guy who had the camcorder on the cops when they pulled over the red Cobra Convert.

 

[Boost on This]

true that stevieb. You right, consider a lesson learned.

I never admitting going 90+.

 

[L.B.]

Originally posted by Boost on This

L.B. -
I'm not whining. I'm calling the officer a liar, since he GUESSED my speed, and when I challenged, he stuck by it. No phycial nor scientific proof. He continued to say 92 MPH exactly when I asked again.

Lying and making an educated guess based on experience are two completely different things...calling someone a liar on a public forum is a serious allegation...

Originally posted by Boost on This

Why would you icon me as a loser? This is a 03 cobra forum, for all of us to help each other out.

You said you were going over 70 mph, probably 90+mph and are aghast that you were cited for exceeding 65...you do the math...

Originally posted by Boost on This

Now, if I had to whine...then I would whine that my snorkle shakes alot and my car doesn't go. That's worth whining about, my 'Sick Mach' friend.

I have no idea what this means...or why you have a snorkle that shakes, or why your car doesn't go...

 

[stevieb]

Ive been there done that, when I was younger. Got one for 90+ mandatory court, the judge gave me a weekend in jail and said he was takin my license (never did take it away), but the weekend in jail taught me a lesson.
Sorry to have mis quoted about the 90+, but one thing I learned over the years and Ive had enough tickets to choke a horse.
It could have been worse, I think 90+ could have constituted reckless driving, I found out back then that when they put a + there, that means you were going more than the 90 so the judge is going to see that. Good luck though