So then I guess my question is can she appear in the hope that one of the cops doesn't show but if they do can she still request traffic school?

 

But 99.9% of the time if it is a pilot that has to show they will not, why do you think they pull over so many cars at once, because they hope that at least a couple people will pay the ticket without going to court.

California Vehicle Code section 40801-40802.

40801. No peace officer or other person shall use a speed trap in
arresting, or participating or assisting in the arrest of, any person
for any alleged violation of this code nor shall any speed trap be
used in securing evidence as to the speed of any vehicle for the
purpose of an arrest or prosecution under this code.


40802. (a) A "speed trap" is either of the following:
(1) A particular section of a highway measured as to distance and
with boundaries marked, designated, or otherwise determined in order
that the speed of a vehicle may be calculated by securing the time it
takes the vehicle to travel the known distance.
(2) A particular section of a highway with a prima facie speed
limit that is provided by this code or by local ordinance under
subparagraph (A) of paragraph (2) of subdivision (a) of Section
22352, or established under Section 22354, 22357, 22358, or 22358.3,
if that prima facie speed limit is not justified by an engineering
and traffic survey conducted within five years prior to the date of
the alleged violation, and enforcement of the speed limit involves
the use of radar or any other electronic device that measures the
speed of moving objects. This paragraph does not apply to a local
street, road, or school zone.
(b) (1) For purposes of this section, a local street or road is
defined by the latest functional usage and federal-aid system maps
submitted to the federal Highway Administration, except that when
these maps have not been submitted, or when the street or road is not
shown on the maps, a "local street or road" means a street or road
that primarily provides access to abutting residential property and
meets the following three conditions:
(A) Roadway width of not more than 40 feet.
(B) Not more than one-half of a mile of uninterrupted length.
Interruptions shall include official traffic control signals as
defined in Section 445.
(C) Not more than one traffic lane in each direction.
(2) For purposes of this section "school zone" means that area
approaching or passing a school building or the grounds thereof that
is contiguous to a highway and on which is posted a standard "SCHOOL"
warning sign, while children are going to or leaving the school
either during school hours or during the noon recess period. "School
zone" also includes the area approaching or passing any school
grounds that are not separated from the highway by a fence, gate, or
other physical barrier while the grounds are in use by children if
that highway is posted with a standard "SCHOOL" warning sign.
(c) (1) When all of the following criteria are met, paragraph (2)
of this subdivision shall be applicable and subdivision (a) shall not
be applicable:
(A) When radar is used, the arresting officer has successfully
completed a radar operator course of not less than 24 hours on the
use of police traffic radar, and the course was approved and
certified by the Commission on Peace Officer Standards and Training.

(B) When laser or any other electronic device is used to measure
the speed of moving objects, the arresting officer has successfully
completed the training required in subparagraph (A) and an additional
training course of not less than two hours approved and certified by
the Commission on Peace Officer Standards and Training.
(C) (i) The prosecution proved that the arresting officer complied
with subparagraphs (A) and (B) and that an engineering and traffic
survey has been conducted in accordance with subparagraph (B) of
paragraph (2). The prosecution proved that, prior to the officer
issuing the notice to appear, the arresting officer established that
the radar, laser, or other electronic device conformed to the
requirements of subparagraph (D).
(ii) The prosecution proved the speed of the accused was unsafe
for the conditions present at the time of alleged violation unless
the citation was for a violation of Section 22349, 22356, or 22406.
(D) The radar, laser, or other electronic device used to measure
the speed of the accused meets or exceeds the minimal operational
standards of the National Traffic Highway Safety Administration, and
has been calibrated within the three years prior to the date of the
alleged violation by an independent certified laser or radar repair
and testing or calibration facility.
(2) A "speed trap" is either of the following:
(A) A particular section of a highway measured as to distance and
with boundaries marked, designated, or otherwise determined in order
that the speed of a vehicle may be calculated by securing the time it
takes the vehicle to travel the known distance.
(B) (i) A particular section of a highway or state highway with a
prima facie speed limit that is provided by this code or by local
ordinance under subparagraph (A) of paragraph (2) of subdivision (a)
of Section 22352, or established under Section 22354, 22357, 22358,
or 22358.3, if that prima facie speed limit is not justified by an
engineering and traffic survey conducted within one of the following
time periods, prior to the date of the alleged violation, and
enforcement of the speed limit involves the use of radar or any other
electronic device that measures the speed of moving objects:
(I) Except as specified in subclause (II), seven years.
(II) If an engineering and traffic survey was conducted more than
seven years prior to the date of the alleged violation, and a
registered engineer evaluates the section of the highway and
determines that no significant changes in roadway or traffic
conditions have occurred, including, but not limited to, changes in
adjoining property or land use, roadway width, or traffic volume, 10
years.
(ii) This subparagraph does not apply to a local street, road, or
school zone.

 

This is great stuff that we can all use! Thanks much! I think we will definitely go to court on this one. My wife took a lot of notes, such as when she told the cop she thought that she was only going about 75 not 85 he replied " well you were going down hill so you probably picked up speed without realizing it" yet he had previosly told her the plane had got her " a few miles back" where it is totally flat. I think we will go well prepared and take our chances. this one doesn't seem right.

 

Where did you get your information???? That's totally off.... I've received around 40 tickets in my life (5 between 2004-2005). I've got to tell you that so far two have been dismissed due to NO-SHOWS and I still have three in the hopper that I'm dragging out....

I should be let go on a technicality on the first one I'll appear for from last year. The cop wrote down two doors on my M3 when yet it's a 4-door.... If he does appear the first question out of my mouth when questioning the officer will be "Understanding that this citation was written well over six months ago would you say that it is a fair statement that your documentation of this incident is really all you have to go off of officer?

NAILED!!!! If he writes down unreliable information down on my citation then how is the court expected to believe this officer. In CA you only need a REASONABLE DOUBT.

Trust me when I say this, I've fought a TON of my tickets in CA and TX and have had good results. When you show up you'll notice that there will be only a handful of officers who actually show.... Some of the reasons are: vacation, day off, needed on duty, doesn't remember, transferred and etc.

I try to get all my tickets extended out for at least 5-6 months from the date they were issued. Your chances actually get better.

"I'VE GOT SKILLS".....

-Eli

 

her admission of speeding (75) is not going to be good!

 

When she told him that she thought that she was going about 75, not 85 he said that 75 was acceptable. I don't know what he meant by that except that's less than 10% over the limit which is usually an acceptable % on a freeway due to speedometer variances, etc. Again, she's got really good notes. They kept her waiting about 15 minutes so she had time to document everything. I doubt that he took the time to write everything down as she did and his reply WILL be brought up if he shows up in court. So, if she says she was going 75 and the air cop says "approximately" 85 and their were 6 cars, then exactly what was each car going and for how long?

BTW, as she sat there waiting she could see about another 6 cars being pulled over on the Palm Springs turnoff (Hwy 111) so is this a speed trap and therefore illegal as our friend David from San Diego points out?

 

IF YOU EVER GET PULLED OVER: Don't strike up a conversation and don't admit ANYTHING. If they ask "why"- they can't do anything if you say "not sure", you're not admitting anything. You can always say "not sure why I was being pulled over" in court.

95% of the time you're pulled over you will get a ticket, so I would keep your mouth shut unless you have a real good explaination or a really hot girl with you that can do all the talking....

-Eli

 

Chuck,

The courts are set up in such a way that they don't want for you to try and get off then resort to traffic school. 99.5% of the time once the cop shows up you won't have that option for school.... I know it sucks.....

I would do this: Have your wife rember what the cop looked like. If she can ID him when she shows to court tell her to speak up when the judge gives his "does anyone want to take traffic-school speach". Most traffic court judges give a last minute speach so they can get more $$$ before dismissing those who's officer's did not show. If she does not see the cop in the court room I would say to remain quiet since the judge cannot do anything but dismiss the citation....



-Eli

I need to get my JD and start charging.....

"I've got skills"

 

With Eli's "skills"

Why not hire him to handle your ticket...

 

I was just thinking the same thing

 

Not just experience but skills.... My attorney who is handling my child custody case...asked me if I worked for a law office. I replied "no & why" he said that he has never had a client who wrote a deposition the way I did and he really didn't need to change anything..... It was only 5 or 6 pages but I was very good according to him.....

I can show you a way to get your protest into court without ever stepping foot inside.... It's a little loop hole most people don't know about. It's sort of your declaration of what happened before they ever see you.....

-Eli

 

BTW: Give me the Penal Code charge including any sub-section they've included in the citation. I'll check my unabridged book for a full run-down. Yes, it sits here on my desk....

-Eli

 

Eli,

The penal code violation reads: 22356 (B) VL exceeding 70 MPH. That's it!

Thanks,

Chuck

 

I said "Skills"

 

I too make that trip frequently as we have a house in La Quinta (Painted Cove). I sometimes take the TT and mostly rely on my V1. After your expereince I will be more cautious on my way out.

Hope everything works out with the ticket.