Big CA ticket.

[STG]

BTW - any advice for the OP, or would you rather just be the forum's grammar troll??

No answer required. :bored:

Grammar Troll! By the way, that would actually be Spelling Troll.

Why does the OP need advice? Getting a fine, no points and traffic school for 100+MPH is no BFD, it's SOP!:burnout::beer: Obviously, no question for law enforcement here!

 

[l8nightsvt]

Good luck; there are options you can try that work within the system - let me know if you want some assistance. And you can always seek legal advice from a local traffic attorney who has experience in your area.

Thanks, PM sent!

 

[l8nightsvt]

Is it in Kern County (Bakersfield) or in LA County?

The ticket was issued 20 miles north of Valencia, and the location of the court is in Valencia. It is very difficult to make out the officer's hand writing but I believe it says LA county.

 

[Steve@TF]

hot damn it got good in here! op:

The ticket was issued 20 miles north of Valencia, and the location of the court is in Valencia. It is very difficult to make out the officer's hand writing but I believe it says LA county.

yes, that is LA County. ive been to that court before. very nice, and small. not a lot of people so you wont have to wait forever.

id say hire a traffic attorney. i have a strong feeling that if you admit to the judge that you were in fact speeding, but dont agree with the rate of speed, he's really not going to want to hear it. just my 2 cents from my years of wasting time in traffic court. a buddy of mine got a speeding ticket for doing over 100mph. hired a traffic attorney and it was dismissed. cost him $1k though :read:


adam, i didnt know you had graduated and passed the bar. here's a beer for you :beer:

 

[STG]

Is the courthouse on Valencia Blvd? This one is in Los Angeles County, near the corner of Magic Mountain Parkway.

North Valley District
Santa Clarita Courthouse
23747 West Valencia Blvd.
Santa Clarita, CA 91355

 

[FordSVTFan]

adam, i didnt know you had graduated and passed the bar. here's a beer for you :beer:

Thanks. I actually have three bar cards now. :banana:

 

[l8nightsvt]

Is the courthouse on Valencia Blvd? This one is in Los Angeles County, near the corner of Magic Mountain Parkway.

North Valley District
Santa Clarita Courthouse
23747 West Valencia Blvd.
Santa Clarita, CA 91355

That seems to be the one, I'm fairly certain the officer put the wrong address. Listed on the citation is: :??:
"237117 N. Valencia Blvd.
Valencia, CA 91355"

 

[STG]

That seems to be the one, I'm fairly certain the officer put the wrong address. Listed on the citation is: :??:
"237117 N. Valencia Blvd.
Valencia, CA 91355"

That would be far enough north to put it in Kern County! Isn't is amazing that a California Highway Patrolman who has issued probably hundreds of tickets assigned to that location can't remember both the street number and city of the courthouse? Could he be just as meticulous and detail oriented when operating radar and estimating vehicle speed?

Nah.

 

[mobeydick]

I got a speeding ticket 22348 b vc and would really appreciate advice from either LEOs or anyone knowledgeable in the situation. I'll explain the event in as much detail as I can to give a chance for the best assessment of what I should do.

I was traveling on I-5 South in CA about 25 miles north of Valencia going at speeds approximately 90 mph. I was speeding irresponsibly and it is something I do not want to try to justify, I got carried away by the speeds of the vehicles traveling near me and shouldn't have matched their speeds. Going down the mountain I see a CHP officer (too far to tell if he was moving or not but the passengers in my car thought he was moving) on the far right side of the road and I slowed down significantly. Unfortunately for me it was too late and he put on his lights behind me.

As soon as I saw the lights I put on my signal to show that I was pulling over but I was not sure where to pull over because I did not feel there was a safe amount of room on the shoulder at the moment. I continued in the right lanes for about a mile until the shoulder no longer had a barrier and I could pull over safely. Before I was able to pull over I could see that the officer was noticeably upset and making hand motions through my mirror.

When I pulled over the officer charged towards the car yelling profanity and was very upset, asking things like if I knew who he was, or where I got my license. I tried to explain to him very politely, always addressing him as officer or sir, that I was trying to find a safe place to pull over but he didn't want to hear any of it and continued with the yelling.

He finally asked me how fast I thought I was going and I said that I was not sure because I honestly wasn't. I felt that I was going around 90 mph but I am inclined to believe a LEO if he is telling me what speed I was going. He said 101 mph but did not present any evidence that would suggest that I was in fact going that speed and I guess its possible that in his anger he would want to give me a significantly harsher penalty. The ticket shows a box checked Radar/Lidar unit/ Patrol vehicle No.

He called me out of my vehicle to explain to me that this was going to be a heavy fine and I would probably lose my license for 30 days. By this time he was much calmer and it seemed much more like he was just having a bad day. He advised me to go to court and told me that if I was going that fast again he would take me to jail and impound my vehicle. He then told me to be safe, I thanked him and went back on my way.

I am looking for advice on how to handle the situation. Through a quick google search I saw multiple responses and do not know how to sort through the bad advice and the good advice. Should I contact the officer? Get a lawyer? Fight the ticket? What should I expect? Can I get the court location changed? Is a court appearance necessary? Should I plead not guilty and explain that I didn't feel I was going 101, or plead guilty and apologize for going anywhere near that speed?

I am a 21 year old full time student and the court is 300 miles away. I understand that a possible penalty is losing my license for 30 days and this would be disastrous for me. All advice from those with valuable information is greatly appreciated, thank you.

I'm Not LEO and I don't know anything about Kaliforina. In Georgia anything over 24 MPH above the posted speed limit the LEO can take you to the pokie. That being said, you have the right, if you ask, the LEO to show you the speed they clocked you at on the speed gun. Also in GA. you have the right to pull over where YOU feel safe. You would need to reduce speed and put on you turn signal.

 

[txyaloo]

I'm Not LEO and I don't know anything about Kaliforina. In Georgia anything over 24 MPH above the posted speed limit the LEO can take you to the pokie. That being said, you have the right, if you ask, the LEO to show you the speed they clocked you at on the speed gun. Also in GA. you have the right to pull over where YOU feel safe. You would need to reduce speed and put on you turn signal.

While you may have the ability to ask, they have no requirement to show you the laser/radar device. Also, if they visually estimated your speed, how are you going to see the "speed gun"?

 

[mobeydick]

While you may have the ability to ask, they have no requirement to show you the laser/radar device. Also, if they visually estimated your speed, how are you going to see the "speed gun"?

Laws a different everywhere. In GA. if they "LEOs" state they clocked you with Laser/Radar they ARE Required to show you, if asked. As far a Visually estimated your speed there is no "speed Gun" so you have to take your chances in court. That being said most LEOs are not very good at that sort of thing anyway.. No-one is!!

 

[FordSVTFan]

Laws a different everywhere. In GA. if they "LEOs" state they clocked you with Laser/Radar they ARE Required to show you, if asked. As far a Visually estimated your speed there is no "speed Gun" so you have to take your chances in court. That being said most LEOs are not very good at that sort of thing anyway.. No-one is!!

Are you claiming that in Georgia if stopped for speeding at the time of the stop the officer MUST show you his radar readout if you ask? If so, please produce the statute that requires this as I cannot find it.

As for your statement that most L.E.O.s arent very good at visually estimating speed that is interesting because the U.S. Supreme Court held that even a lay person can testify to a visual estimate of a vehicles speed. This is noted under the Fed. R. Evid. 701. However, for a L.E.O. to get certified to run radar he must first be able to visually estimate the speed of a vehicle to a degree of +/- 3 mph.

 

[STG]

A Georgia officer is required to inform you of your right to a roadside accuracy test of his radar device. Whip out that bent tuning fork, now!:banana:

Georgia Code Title 40 Section 40-14-5

(b) Each county, municipal, or campus law enforcement officer using a radar device shall notify each person against whom the officer intends to make a case based on the use of the radar device that the person has a right to request the officer to test the radar device for accuracy. The notice shall be given prior to the time a citation and complaint or ticket is issued against the person and, if requested to make a test, the officer shall test the radar device for accuracy. In the event the radar device does not meet the minimum accuracy requirements, the citation and complaint or ticket shall not be issued against the person, and the radar device shall be removed from service and thereafter shall not be used by the county, municipal, or campus law enforcement agency until it has been serviced, calibrated, and recertified by a technician with the qualifications specified in Code Section 40-14-4.

 

[wjlane]

When I was stationed in Georgia, it was in our SOP that we had to ask defendants if they wanted us to perform a calibration test of the RADAR and tell them the results. The SOP referred to a GA state law requiring it and although it didn't list the statute I was routinely asked in court, even by the judge, if I did offer the defendant a calibration test. The defendant is not required to actually view the test for safety reasons (having to exit their car, etc.) but the officer conducts the test in the patrol car and explains the results to the defendant. There is no requirement to show the target speed on the RADAR. Below is the language we used in the SOP and many GA cities still use the same explanation:

Under Georgia law, a law enforcement officer is not required to show the defendant the speed detection device. When dealing with RADAR speed enforcement specifically, the officer is required by law to ask the offender if they would like a calibration check of the unit. The check will be accomplished by the use of calibrated tuning forks which is used to verify that the counter unit in the device is operating properly. If requested, the officer is obligated by law to perform that calibration check and inform the defendant of the results. The offender is not entitled to witness this check nor are they entitled to see the RADAR display.

 

[mobeydick]

Are you claiming that in Georgia if stopped for speeding at the time of the stop the officer MUST show you his radar readout if you ask? If so, please produce the statute that requires this as I cannot find it.

As for your statement that most L.E.O.s arent very good at visually estimating speed that is interesting because the U.S. Supreme Court held that even a lay person can testify to a visual estimate of a vehicles speed. This is noted under the Fed. R. Evid. 701. However, for a L.E.O. to get certified to run radar he must first be able to visually estimate the speed of a vehicle to a degree of +/- 3 mph.

I guess the Glynn Co. Police are as good as any!
June 10, 2009 I was pulled over and written a ticket for 65 in a 50 Officer told me He Paced me. Mind you he must have done this with an out of body experience or something. I stated he was out of his damn mind, that I knew I was going 58.2 MPH. He went back to his car. About that time 2 other units showed up all within 3 minutes of me stopping. He fiddled with his Radar some and came back with the ticket. When he handed me the ticket he had written Paced/Radar in the notes. (By this time the other officers were around the Cobra admiring it.) I stated he said nothing about radar when he first talked to me. That he had better make sure the Dash-Cam and the audio recording better not get lost because I would be subpoenaing both. I told him and showed him my GPS unit that has recoverable routes taken and that I would have it on hand in court.

Long story short Yesterday July 23, 2009 was court day. After all the people had been called my name hadn’t. The clerk asked if there was anyone with a ticket with that court date I spoke up. Apparently he chose not to file he complaint. 6.8 MPH is twice the required amount. If three MPH is what it takes to be “certified” there needs to be a lot more training.

 

[mobeydick]

BTW: Just for everyone’s information. A LEO can go out to any Interstate Hwy. Lock any car going at whatever speed, drive 20 miles somewhere else and pull anyone over and right them a ticked for that speed indicated on the radar. The radar/laser units are only as good/honest as the officer using them.

As for the OP try to get it reduced 94 MPH, and pay the fine. It’s the easiest/cheapest way out.

If I get a ticket for running 85 in a 70 and I’m running 85 I pay the ticket (hasn't happened in a very long time). If I get a ticket for 85 in a 70 and I’m going less then 80 I fight it. You got to be honest in life, it’s the only real thing you have.

 

[FordSVTFan]

A Georgia officer is required to inform you of your right to a roadside accuracy test of his radar device. Whip out that bent tuning fork, now!:banana:

Georgia Code Title 40 Section 40-14-5

(b) Each county, municipal, or campus law enforcement officer using a radar device shall notify each person against whom the officer intends to make a case based on the use of the radar device that the person has a right to request the officer to test the radar device for accuracy. The notice shall be given prior to the time a citation and complaint or ticket is issued against the person and, if requested to make a test, the officer shall test the radar device for accuracy. In the event the radar device does not meet the minimum accuracy requirements, the citation and complaint or ticket shall not be issued against the person, and the radar device shall be removed from service and thereafter shall not be used by the county, municipal, or campus law enforcement agency until it has been serviced, calibrated, and recertified by a technician with the qualifications specified in Code Section 40-14-4.

Where does that indicate the driver has the right to view the radar read out? That simply applies to the testing of the equipment for accuracy, not the reading itself.

 

[FordSVTFan]

When I was stationed in Georgia, it was in our SOP that we had to ask defendants if they wanted us to perform a calibration test of the RADAR and tell them the results. The SOP referred to a GA state law requiring it and although it didn't list the statute I was routinely asked in court, even by the judge, if I did offer the defendant a calibration test. The defendant is not required to actually view the test for safety reasons (having to exit their car, etc.) but the officer conducts the test in the patrol car and explains the results to the defendant. There is no requirement to show the target speed on the RADAR. Below is the language we used in the SOP and many GA cities still use the same explanantion:

Under Georgia law, a law enforcement officer is not required to show the defendant the speed detection device. When dealing with RADAR speed enforcement specifically, the officer is required by law to ask the offender if they would like a calibration check of the unit. The check will be accomplished by the use of calibrated tuning forks which is used to verify that the counter unit in the device is operating properly. If requested, the officer is obligated by law to perform that calibration check and inform the defendant of the results. The offender is not entitled to witness this check nor are they entitled to see the RADAR display.

So, as with every other state I have researched the officer is NOT required to show the driver the radar readout.

I guess the Glynn Co. Police are as good as any!
June 10, 2009 I was pulled over and written a ticket for 65 in a 50 Officer told me He Paced me. Mind you he must have done this with an out of body experience or something. I stated he was out of his damn mind, that I knew I was going 58.2 MPH. He went back to his car. About that time 2 other units showed up all within 3 minutes of me stopping. He fiddled with his Radar some and came back with the ticket. When he handed me the ticket he had written Paced/Radar in the notes. (By this time the other officers were around the Cobra admiring it.) I stated he said nothing about radar when he first talked to me. That he had better make sure the Dash-Cam and the audio recording better not get lost because I would be subpoenaing both. I told him and showed him my GPS unit that has recoverable routes taken and that I would have it on hand in court.

Long story short Yesterday July 23, 2009 was court day. After all the people had been called my name hadn’t. The clerk asked if there was anyone with a ticket with that court date I spoke up. Apparently he chose not to file he complaint. 6.8 MPH is twice the required amount. If three MPH is what it takes to be “certified” there needs to be a lot more training.

So? What does that have to do with the question I asked? You are not correct and the officer does NOT have to show you the radar which is the direct opposite of what you claimed.

As for your ticket, congratulations.

 

[wjlane]

So, as with every other state I have researched the officer is NOT required to show the driver the radar readout.

Correct. I think the above stated statute is what mobeydick was talking about but was not accurately informed from his source. I 've had a few fellow officers and even others in neighboring agencies that I've had to correct as they too were under the assumption the RADAR readout or even the calibration test itself had to be shown to the offender. That's why the law books are on the shelf and LEOs and offenders should pull them off and read them when the situation dictates. That's what the lawyers will do if you find yourself in court on either side.

 

[STG]

Where does that indicate the driver has the right to view the radar read out? That simply applies to the testing of the equipment for accuracy, not the reading itself.

I never claimed it did. I understood the cited Georgia Code when I read it. I thought is was a more useful and precise response than yours. But, I'm not an attorney or LEO so I could be wrong. (I had hoped that my bent tuning fork comment was pretty obvious tip that I had read the code section.)

You really need to watch making those assumptions when you start representing paying clients in three states.:-D