CA speeding ticket question

[makevelie187]

So of my many tickets i have gotten though the years this is the one that i am a bit concerned about which is why i am posting here, all others i fully admitted guilt.

I was driving down Highway 50 coming back from Lake Tahoe. speed limit is 65MPH, the officer put me down at 75, although i believe i was doing 80 but the flow of traffic was 75 so 10 MPH over reduced fine, that was nice of him to do that.

The question i have is there is a long period of steep downhill road about 4 miles long on U.S. highway, 50 5-6% grade ( there are many steep parts this is just one of the many). Well this officer just happened to be sitting at the bottom of the hill ( literally at the bottom ) and around a corner but still on the freeway. While i had my cruise control set at 75 because that was the flow of traffic my car got up to 80MPH and bam i got a ticket, because of this downhill slope,although i should have been watching my speed more carefully. I know the officer was doing his job im just trying to get reference for court.

I find it very frustrating that a cop would wait at the bottom knowing this would happen and happens all the time. Its natural for a car to adjust speed on a steep hill. I will contest the ticket as i do all of them and hope the cop doesn't show up but if he doesn't is there any argument i could have?

Also i read the guidelines posted here for the donut shop, and it said sometimes a judge will drop the points for the driving record and just give a fine? i am more concerned about a point on my record as i am 24 years old and they have a good reflection on my insurance. I know this is solely up to the judge but how often is that given? has anyone seen it? because i haven't.

Thank you

 

[blkGT500nCA]

Yeah, just say it's the hills fault. Duh.

 

[thepizz]

So you're gonna blame going down a steep hill? Lol. I'm pretty sure all cars are equipped with brakes and a pedal to engage them...although I've been wrong before!?

 

[65x2]

I'm not sure if its changed or not in GA, but there was a law here that stated no radars on hills w/ a 7%+ grade.

Couldn't find anything to officially substantiate what I've been told. But did run across this link
http://www.avvo.com/legal-answers/when-driving-down-a-steep-hill-you-pick-up-speed-i-425949.html

Which the last poster claims to be a CA lawyer which states the speed limit still applies.

 

[thepizz]

Why wouldn't the speed limit apply? Lol @ trying to find loopholes because of a steep grade on a hill.

 

[65x2]

Why wouldn't the speed limit apply? Lol @ trying to find loopholes because of a steep grade on a hill.

I wouldn't classify it as a loophole. If there is a law in place stating that you're not able to receive a ticket by use of radar (I did read laser didn't apply) on a hill with a X% grade; are you saying you'd still accept the ticket even though you knew there was a law stating otherwise?

 

[thepizz]

I wouldn't classify it as a loophole. If there is a law in place stating that you're not able to receive a ticket by use of radar (I did read laser didn't apply) on a hill with a X% grade; are you saying you'd still accept the ticket even though you knew there was a law stating otherwise?

If I was speeding and got caught, then yes I would accept the ticket. I've driven my 42 foot motorhome through many states and down insane hills: simply use the brakes and follow the speed limit.

Do I speed, yes, but the times I've been pulled over I admitted my wrong doing and accepted the consequences.

And maybe the law says radar can't be used but I doubt it states that it's ok to speed. If that were the case then western PA would be similar to the autobahn.

 

[65x2]

If I was speeding and got caught, then yes I would accept the ticket. I've driven my 42 foot motorhome through many states and down insane hills: simply use the brakes and follow the speed limit.

Do I speed, yes, but the times I've been pulled over I admitted my wrong doing and accepted the consequences.

And maybe the law says radar can't be used but I doubt it states that it's ok to speed. If that were the case then western PA would be similar to the autobahn.

It does make much more sense if there were a law for speed realated to grade on hills, that it should be specific to certain types of vehicles. Same with you, taking my folks motorhome through WV, if it speeds up downhill (within reason) so be it. Cause I know I'll need every bit of it to get up the next one.

But different, if I knew of a law that said that an officer shouldn't be ticketing based on speed at the bottom of X% grade hill. I'm not going to be looking for hills with grades to speed on, but if I were to be ticketed here due to not paying attention to my speed, I'd be a liar if I said I wouldn't bring this up in court.

 

[FordSVTFan]

I wouldn't classify it as a loophole. If there is a law in place stating that you're not able to receive a ticket by use of radar (I did read laser didn't apply) on a hill with a X% grade; are you saying you'd still accept the ticket even though you knew there was a law stating otherwise?

There is no such statute. Further, your cruise was set at 75 and you werent written for the 80 you were doing.

I suggest you go to court and explain this to the judge especially the downhill grade, your actual speed, and what your cruise was set at.

 

[svtcop]

There is no such statute. Further, your cruise was set at 75 and you werent written for the 80 you were doing.

I suggest you go to court and explain this to the judge especially the downhill grade, your actual speed, and what your cruise was set at.

you forgot to add....report back with results. :thumbsup:

 

[silver03svt]

Bring up the theory of the law of gravity in court, too. I am almost positive that there are lots of judges that have never heard that before.

OP, the officer already gave you a break on the roadside. One DISADVANTAGE of going to court and trying to fight this, then the officer can, AND PROBABLY WILL, bring up the fact that you were doing 80 and he already gave you a break.






Just sayin.