My question involves a traffic ticket from the state of: California
So I got a ticket for a paced 65 in a 45 and was hoping to do TBD. I did informal discovery and the CHP office sent me back a letter. I also received a no proof of insurance and a no front plate and tint ticket but I had insurance he just wouldn't let me get it because he "didn't have time."
I received a photo copy of the front and the back of the citation, a photo copy of the calibration chart, and a photo copy of the policy pertaining to speed enforcement. I also asked for any audio or video and they said, "Based on research it has been determined that no such items exist."
The officer's speedo is off by 2-3mph in every instance and the vehicle used was a Harley Davidson motorcycle. It looks like his speedo is getting increasingly more inaccurate as time goes by.
I will list out how the speedometer calibration chart looks, oldest to newest, and also the notes from the back:
Date: 11-01-2013 Mileage: 1,863 Test Equip Cert date: 11-17-2011
Vehicle reads: 20 30 40 50 60 70 80 90 100
Actual speed: 19 29 38 48 58 68 78 88 98
Date: 03-01-2014 Mileage: 7,862 Test Equip Cert date: 11-17-2011
Vehicle reads: 20 30 40 50 60 70 80 90 100
Actual speed: 18 28 38 48 58 68 78 88 98
Date: 06-02-2014 Mileage 13,126 Test Equip Cert date: 11-17-2011
Vehicle reads: 20 30 40 50 60 70 80 90 100
Actual speed: 18 28 38 48 58 68 78 87 97
-2 -2 -2 -2 -2 -2 -2 -3 -3
The Notes from the back with my commentary in parentheses () As best I could read his handwriting since it is pretty horrible.
- "I was just trying to stay ahead of you" (I didn't say this. I said "I was moving over for you" because the motorcycle was accelerating pretty hard towards me and I wanted to get out of the way
- Mc clearing to n/50 r/swas-z (Can't really read this one)
- S/v Accelerating hard moving 1-2 thro traf.
- M/c pursued bump pace #2 @65
- Then stopped in traffic s/ "street name"
- Stop in gas station
- Looked for ins on cell phone but couldn't provide policy # (No, actually, I could have provided the policy number but as my policy information was loading he wrote the ticket for no ins and said "I don't have time for this")
- Tint and no plate
- V. BL Exhaust loud
- Called office to complain (I didn't call to complain. I called to ask if he made a mistake and marked my correctible tickets non correctable on accident but they told me he did it on purpose)
Do I have a defense here? Hoping that the officer won't write a statement is out of the question.. This same officer cited me last time I got a ticket a couple years ago and he wrote a statement when I tried TBD and he showed up in court when I asked for TDN.
Thank you to anyone that can offer me advice on this ticket! The amount after correction is listed as $477 and that is a lot for me. I have to buy books for next semester and this will put me back quite a bit.
So I got a ticket for a paced 65 in a 45 and was hoping to do TBD. I did informal discovery and the CHP office sent me back a letter. I also received a no proof of insurance and a no front plate and tint ticket but I had insurance he just wouldn't let me get it because he "didn't have time."
I received a photo copy of the front and the back of the citation, a photo copy of the calibration chart, and a photo copy of the policy pertaining to speed enforcement. I also asked for any audio or video and they said, "Based on research it has been determined that no such items exist."
The officer's speedo is off by 2-3mph in every instance and the vehicle used was a Harley Davidson motorcycle. It looks like his speedo is getting increasingly more inaccurate as time goes by.
I will list out how the speedometer calibration chart looks, oldest to newest, and also the notes from the back:
Date: 11-01-2013 Mileage: 1,863 Test Equip Cert date: 11-17-2011
Vehicle reads: 20 30 40 50 60 70 80 90 100
Actual speed: 19 29 38 48 58 68 78 88 98
Date: 03-01-2014 Mileage: 7,862 Test Equip Cert date: 11-17-2011
Vehicle reads: 20 30 40 50 60 70 80 90 100
Actual speed: 18 28 38 48 58 68 78 88 98
Date: 06-02-2014 Mileage 13,126 Test Equip Cert date: 11-17-2011
Vehicle reads: 20 30 40 50 60 70 80 90 100
Actual speed: 18 28 38 48 58 68 78 87 97
-2 -2 -2 -2 -2 -2 -2 -3 -3
The Notes from the back with my commentary in parentheses () As best I could read his handwriting since it is pretty horrible.
- "I was just trying to stay ahead of you" (I didn't say this. I said "I was moving over for you" because the motorcycle was accelerating pretty hard towards me and I wanted to get out of the way
- Mc clearing to n/50 r/swas-z (Can't really read this one)
- S/v Accelerating hard moving 1-2 thro traf.
- M/c pursued bump pace #2 @65
- Then stopped in traffic s/ "street name"
- Stop in gas station
- Looked for ins on cell phone but couldn't provide policy # (No, actually, I could have provided the policy number but as my policy information was loading he wrote the ticket for no ins and said "I don't have time for this")
- Tint and no plate
- V. BL Exhaust loud
- Called office to complain (I didn't call to complain. I called to ask if he made a mistake and marked my correctible tickets non correctable on accident but they told me he did it on purpose)
Do I have a defense here? Hoping that the officer won't write a statement is out of the question.. This same officer cited me last time I got a ticket a couple years ago and he wrote a statement when I tried TBD and he showed up in court when I asked for TDN.
Thank you to anyone that can offer me advice on this ticket! The amount after correction is listed as $477 and that is a lot for me. I have to buy books for next semester and this will put me back quite a bit.
Speeding Tickets: Conducted Informal Discovery and This is What I Got
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