Triumphant! Speeding ticket dismissed! Thoughts for the other guy who won in court...
12-20-2001, 01:22 PM
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Triumphant! Speeding ticket dismissed! Thoughts for the other guy who won in court...
...Mine was actually dismissed because the officer didn't show. However, I was loaded for bear and ready to go (15 pages of trial prep and 42 questions I prepared to ask the officer in cross examination!).
But in my research I discovered a possible reason that the other guy (sorry forgot who it was) who won in court earlier this month prevailed:
This applies to CA only, and to radar/laser cases specifically.
Using radar/laser to determine speed for a speeding violation can only be done under certain circumstances. I am not explaining all the circumstances, but in particular, an engineering and traffic study needs to be performed. In doing so, the study determines the 85th percentile of how fast people drive on the road (i.e. 85% or more drive at the speed or lower). Then, the posted speed limit is supposed to be set AT or slightly below that speed (up to 5mph below). If, however, there are specific hazardous conditions that are not readily apparent to all drivers, or higher than statistically expected accident rates, the posted speed limit can be set lower.
However, in any case, the posted speed limit is not SUPPOSED to be set less than 10mph below the 85th percentile. This particular guideline is only rule of law in Ventura County, but provides a legal basis for other courts in other areas.
Thus, if the posted speed limit is not justified, then it is considered an illegal speed trap and the laser/radar evidence is inadmissible, the officer is considered incompetent to provide testimony (i.e. he can't say ok forget the radar, but my visual estimate was 57mph you were still speeding), and the court does not have jurisdiction to convict you. It should then be dismissed.
This could be the reason that the other guy was dismissed when the 85th percentile was around 53mph and the posted speed limit was 35mph.
Good luck to all, drive safely, and happy holidays!
Disclaimer: I am not an attorney. This is not legal advice. I disclaim any responsiblity based on anyone reading this post. I recommend referring to Nolo Press's Fight Your Ticket book, from which I learned this info (note: it's valid only for California). In there, you can find all the relevant legal authorities, citations, and arguments.
But in my research I discovered a possible reason that the other guy (sorry forgot who it was) who won in court earlier this month prevailed:
This applies to CA only, and to radar/laser cases specifically.
Using radar/laser to determine speed for a speeding violation can only be done under certain circumstances. I am not explaining all the circumstances, but in particular, an engineering and traffic study needs to be performed. In doing so, the study determines the 85th percentile of how fast people drive on the road (i.e. 85% or more drive at the speed or lower). Then, the posted speed limit is supposed to be set AT or slightly below that speed (up to 5mph below). If, however, there are specific hazardous conditions that are not readily apparent to all drivers, or higher than statistically expected accident rates, the posted speed limit can be set lower.
However, in any case, the posted speed limit is not SUPPOSED to be set less than 10mph below the 85th percentile. This particular guideline is only rule of law in Ventura County, but provides a legal basis for other courts in other areas.
Thus, if the posted speed limit is not justified, then it is considered an illegal speed trap and the laser/radar evidence is inadmissible, the officer is considered incompetent to provide testimony (i.e. he can't say ok forget the radar, but my visual estimate was 57mph you were still speeding), and the court does not have jurisdiction to convict you. It should then be dismissed.
This could be the reason that the other guy was dismissed when the 85th percentile was around 53mph and the posted speed limit was 35mph.
Good luck to all, drive safely, and happy holidays!
Disclaimer: I am not an attorney. This is not legal advice. I disclaim any responsiblity based on anyone reading this post. I recommend referring to Nolo Press's Fight Your Ticket book, from which I learned this info (note: it's valid only for California). In there, you can find all the relevant legal authorities, citations, and arguments.
12-20-2001, 01:59 PM
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I don't know. Nolo Press is a Nor Cal based company that seems to ...
...specialize in legal-oriented publications for California (e.g. tickets, real estate, clearing your record, etc.)... Sorry, I don't know about NY since I've been in Cali since 1992.
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