So I was driving down HWY 101 last week with my cruise control set at around 75 +/- when a silver 3 series comes up on my @ss. I speed up to move over then he passes me, slows down and then drops back so I get back in the left lane. Then he comes speeding up again passes me in the right lane and gets in front of me just as we pass a chippy parked on the side of the road. The beemer slows down gets in the right lane and as I see the CHP coming up I figure "cool, he's gonna give that douche a ticket" but no. He pulls me over instead and says he clocked us both going about 90 & he writes me up for 75 in a 65. I can't do traffic school because I have a commercial license. The ticket is $243 which isn't that bad, but still. Is it even possible to radar two cars at once? I plan on fighting it and my buddy is a cop and gave some tips. Any body have any advice?

 

fight it and pray he doesn't show up

unfortunately even if what you say was true, its your word vs the police officers and who do you think the judge is more likely to believe?

i wish you good luck, it must suck feeling like you did nothing wrong yet you get smacked by the long dick of the law.

 

You're sol unless the cop doesn't show up I think. But cutting your speed down from 90 to 75 on the ticket? That was pretty lucky imo...

 

Well I was actually speeding, I found out after that the speed limit drops from 75 to 65 right there, and they pull people over all the time there. I wasn't paying attention I guess and was unfamiliar with that area.

The thing is I was never close to 90 so I don't know if maybe he realized that, but felt he needed to give me the ticket to save some pride or what. I told him the BMW went flying past me & he said, "I don't doubt it" but gave me the ticket anyway. I've already gotten a continuance and I'm just hoping he won't show, but I'm not counting on it.

 

do you have a lawyer?

 

I drive that area 2-3 times a year, and they are always waiting... I routinely go 75 mph...haven't had a ticket in 15 years...I was told...that if you try and stay out of the fast lane, use your gears to slow down when you see a CHP, not the brakes, and it is acceptable by the CHP to speed up.. (80) ..to move out of the fast lane..you reduce your chances of getting popped...this may be why the BMW pulled it off....sorry..that's all I have

 

That ain't no lie

 

No I don't, and I don't really think it's worth it for a $240 ticket. I'll probably just pay it.

 

Trial by written declaration is the way to go. If the CHP doesnt write a statement you win. If he does, the judge will decide. Either way its free and worth a shot. I'm 1 for 1 using it.

 

i thought you could only get a speeding ticket for doing 12+ mph

 

I'm Sry but I don't understand this at all? If the law says you can only go 60 MPH, why would it be ok to go 72?

 

^^^Yeah if the cop is being a jerk he/she can give you a ticket for 1mph over if they want to. Generally if your within 5 you should be good but that isn't always the case.

 

Exactly. Anything over 5mph over the speed limit, your out of the safe zone. But hey, speeding is speeding.

 

flow of traffic

 

Good luck with that.

 

What will your defense be? Perjury?

Regards,
Don

 

That's why I'm hoping he just doesn't show up, I know he's never going to admit that he pulled over and ticketed the wrong car. I have to pay the fine regardless, and if I do get the case thrown out the court refunds the money. I just want to argue the fact that he said I was doing 90 when I know for a fact I wasn't. I admitted I was speeding(here, not to the officer) at 75mph. I think it's more of an ego thing at this point, I was pissed at the time that I got a ticket and the guy who was driving like an @ss was probably laughing his @ss off as he passed me by. Now, I'm just over it. I don't really care about the fine, it's the insurance/points that bug me. I was just hoping somebody here had some tips on how to beat it, other than subpoenaing the calibration of the radar, the officer's license to use the radar etc.

 

No matter how much the cop has already "let you off", you should ALWAYS ALWAYS go meet with the prosecutor before your case (unless you have a slam dunk reason to get it completely thrown out, or a lawyer).

Its super simple. Walk in to where the prosecutor is meeting people before the trial time (or get in touch with him prior to your trial date). They will normally ask for your name so he knows which case you are. Without you even asking for a plea bargin the prosecutor may immediately offer you a deal (basically pay more for lesser charge i.e. no points/no insurance increase). If he does not, say you are interested in plea bargaining. Super easy. Takes less than 2 minutes.

 

^^Sounds like a good idea. Guess it couldn't hurt.