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#11
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Max wrote: > > Now, were you travelling 55mi/h or more? Perhaps 45mi/h? It's pointless > unless you were travelling 40mi/h... I'm reading a handbook called "Fight Your Ticket in California". Yes, I'm in California. According to the book, the law here is different from that in many other states. In California, it's still okay if I can prove that neither "my speed was greater than was reasonable or prudent", nor "endangered the safety of persons or property". To be honest, I wouldn't know precisely that I'm always on or below 40mi/h, unless I was staring at my speedometer the whole time. But I'm pretty sure I wasn't driving at 55mi/h or anything close to that! > Any signals from your radar detector? As I'm not a (chronic or otherwise) speeder, I've no radar detector in my car... |
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#12
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Frankly I'd do the traffic "school" thing and be done with it rather than
trying to fight it, HOWEVER.. I do know in CA that there are two types of speed signs. One says "Maximum Speed" and this is an absolute limit. One mph over it and you're guilty. The other type of sign says "Speed Limit" and this is a soft limit. If you can show that you could safely travel faster than it (albeit no more than a few miles per hour) then you can get off. HOWEVER again, if it was "close to midnight" I can guarantee that NO judge will entertain the fact that it was safe for you to be going faster than the speed limit, no matter what kind of sign it was. -- Falky San Diego, Calif. ---------------- Disclaimer: This has been the opinion of a law student, not a lawyer. Author advises each reader to get the opinion of a legal professional. This post is not intended to be legal advice. > wrote in message oups.com... > > Max wrote: > > > > Now, were you travelling 55mi/h or more? Perhaps 45mi/h? It's > pointless > > unless you were travelling 40mi/h... > > I'm reading a handbook called "Fight Your Ticket in California". Yes, > I'm in California. According to the book, the law here is different > from > that in many other states. In California, it's still okay if I can > prove > that neither "my speed was greater than was reasonable or prudent", nor > "endangered the safety of persons or property". To be honest, I > wouldn't > know precisely that I'm always on or below 40mi/h, unless I was staring > at my speedometer the whole time. But I'm pretty sure I wasn't driving > at 55mi/h or anything close to that! > > > Any signals from your radar detector? > > As I'm not a (chronic or otherwise) speeder, I've no radar detector > in my car... > |
#13
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Frankly I'd do the traffic "school" thing and be done with it rather than
trying to fight it, HOWEVER.. I do know in CA that there are two types of speed signs. One says "Maximum Speed" and this is an absolute limit. One mph over it and you're guilty. The other type of sign says "Speed Limit" and this is a soft limit. If you can show that you could safely travel faster than it (albeit no more than a few miles per hour) then you can get off. HOWEVER again, if it was "close to midnight" I can guarantee that NO judge will entertain the fact that it was safe for you to be going faster than the speed limit, no matter what kind of sign it was. -- Falky San Diego, Calif. ---------------- Disclaimer: This has been the opinion of a law student, not a lawyer. Author advises each reader to get the opinion of a legal professional. This post is not intended to be legal advice. > wrote in message oups.com... > > Max wrote: > > > > Now, were you travelling 55mi/h or more? Perhaps 45mi/h? It's > pointless > > unless you were travelling 40mi/h... > > I'm reading a handbook called "Fight Your Ticket in California". Yes, > I'm in California. According to the book, the law here is different > from > that in many other states. In California, it's still okay if I can > prove > that neither "my speed was greater than was reasonable or prudent", nor > "endangered the safety of persons or property". To be honest, I > wouldn't > know precisely that I'm always on or below 40mi/h, unless I was staring > at my speedometer the whole time. But I'm pretty sure I wasn't driving > at 55mi/h or anything close to that! > > > Any signals from your radar detector? > > As I'm not a (chronic or otherwise) speeder, I've no radar detector > in my car... > |
#14
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You mention 1) you aren't sure how fast you were going....you say it's
doubtful you were going that fast, yet use midnight and lack of traffic to defend even if so. Being unsure of your speed is going to make this easily won by the police officer who even if unsure how fast you were going is unlikely to mention that in court. You also say it was on a 35mph street, and then say but there are 40mph signs everywhere. Just a lot of contradiction, perhaps warranted, but it's just sounding like the whole thing is bogus. Basically chances are you were speeding and failed to realize it. Now if you said it was posted 40mph and you got a ticket for doing 40mph as the officer insteaded it was a 35mph zone....or in this case even up to 45mph (since 'technically' most if not all places waive the first 5mph over as non-fineable)...I would say you are right, that there is a problem, but even if the limit was 40mph, doing 55mph is excessive. I could see a fair judge giving you a 10mph basis for your penalty and fine, that's about the best case I could see (I have tried to fight quite a bit of tickets both just and unjust and found traffic school is the easiest, cheapest and best choice). |
#15
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You mention 1) you aren't sure how fast you were going....you say it's
doubtful you were going that fast, yet use midnight and lack of traffic to defend even if so. Being unsure of your speed is going to make this easily won by the police officer who even if unsure how fast you were going is unlikely to mention that in court. You also say it was on a 35mph street, and then say but there are 40mph signs everywhere. Just a lot of contradiction, perhaps warranted, but it's just sounding like the whole thing is bogus. Basically chances are you were speeding and failed to realize it. Now if you said it was posted 40mph and you got a ticket for doing 40mph as the officer insteaded it was a 35mph zone....or in this case even up to 45mph (since 'technically' most if not all places waive the first 5mph over as non-fineable)...I would say you are right, that there is a problem, but even if the limit was 40mph, doing 55mph is excessive. I could see a fair judge giving you a 10mph basis for your penalty and fine, that's about the best case I could see (I have tried to fight quite a bit of tickets both just and unjust and found traffic school is the easiest, cheapest and best choice). |
#16
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#17
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#18
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>Harry, You missed my point completely! I didn't do it.
And you missed HIS point completely....DON'T SPEED.... As for the "I didn't do it" stuff.....yea, that's what they all say.......... |
#19
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>Harry, You missed my point completely! I didn't do it.
And you missed HIS point completely....DON'T SPEED.... As for the "I didn't do it" stuff.....yea, that's what they all say.......... |
#20
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>I would think that a radar gun in a moving car takes the "fastest speed"
>that it sees and reports it, so if he was going 55mi/h then it's >possible that he got his speed not yours. In this case, the officer is >either an idiot or a genuine disgrace to the badge IMO... ROTFLMAO....another "radar expert"......I don't think anyone questions who is the "idiot" here...... |
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