Legal Question in Traffic Law in California

Greetings,

So here's the deal with a driving situation in S. California. I'm driving down a steep mountain, pressing my brakes on the way down. I pass drivers who have been pulled over, and then see two bike police officers on the side of the road, one on the bike facing towards the direction of the road, the other with a radar gun. As I pass, the one who was on the bike takes off, and on come the lights. I pull over and he tells me I was going 82 on a 60. As I had forgotten my wallet at home that day, I did not want to argue it and thought best just to keep quiet. The officer accepts my registration and insurance, and gives me a ticket citing that my speed was "roughly 81" (81, not the 82 he told me). To be honest, I don't know how fast I was going, but I'm pretty good when it comes to going the limit, based on the fact that I'm in my 40's and this is my first ticket.

So my questions are:

1. Can a driver get a ticket even though the officer that gave me the ticket wasn't holding the radar gun (and didn't show it too me)?

2. With the officer writing on the ticket that I was going "roughly" such and such speed, is this acceptable in court? I mean, it could have been 'roughly' 50 miles an hour too.

3. Do I have a leg to stand on if I decide to go to court, and should I go to court?

Thank you for taking the time to read and respond.


Asked on 1/16/14, 6:25 pm

1 Answer from Attorneys
Joe Dane Law Office of Joe Dane

1. Yes, the issuing officer does not have to be the one that actually operated the radar device. If this goes to trial, there may be an objection to hearsay if the person testifying is not the one that clocked you.

2. Estimated speeds are valid to list on the citation. They just have to prove that you exceeded the posted speed and not any specific speed.

3. Maybe. Based on the answer to #1, there may be a defense strategy.

At this speed (40 over), you may not be eligible for traffic school even though this is your first offense.

This one may be worth getting a traffic ticket attorney to handle for you.

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Answered on 1/17/14, 6:40 am


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