i don't believe i can state any speed over the speed limit even if it's 1mph over since i'm driving pass the speed limit as the sign posted. it would be up to the judge to decide if it's warranted. there goes my mod $ if i have to pay. damn!!
btw. thanks for everyone reply to this.

 

umm.... just curious.... isn't that frault?

 

yeah timing sucks, i don't know how you can work the court time. but most of the court sessions don't start until noon isn't it?

well like i said look at the ticket and see if it says about the radar used (he would have written down the serial number of the radar). if not, you have a much better chance

how about getting a lawyer? you don't have to go if you have a lawyer

 

i don't think so coz' you know the tire size is out of spec. it only works if the speedo of the car is off by error

 

Not in KY.....you wouldn't believe some of the things that go on there....especially in the rural, somewhat isolated mountainous eastern part. I have a friend who used to be a deputy sheriff there.

 

"produces some sort of receipt" and you tell me that's not frault? having it common doesn't mean it's not a frault?

 

You can also have a written trial by declaration if going to court is a pain. You tell you side of the story and the cop tells his side. A clerk/magistrate/judge reviews the two declarations and makes a decision. You don't ever have to show up in court. You can request an appeal if you don't like the outcome. You have a good chance with claiming calibration & the basic speed law since it's only 5miles over.

It doesn't matter how fast you were going, it's what you got written up for.

FYI: If you got a ticket by radar/lidar, there has to have been a traffic survey done in the last 5 yrs. Otherwise it is automatically thrown out.

 

Yu know, as far as it is, you should definately make some time to go to court for it. A job won't matter if you can't drive to work

 

From what I understand, speed trap laws (which require a traffic survey) only apply to local roads where the city lowers the speed limit below the maximum speed. What this law does is prevent cities from lowering the speed limit to such an unreasonably low amount because cities do this just to raise revenue. What a traffic survey does is measure the speed of vehicles that travel through a certain stretch of road and then the city determines the speed that 80% of the people drive through the area and usually lower it by 5 mph.

The general rule is that the maximum speed of a vehicle should be 65 mph. This is the speed the federal government wants you to travel, but states can raise this amount but they risk losing federal funds. To lower the speed limit, the city must lower it to an amount that is reasonable. That's why violating the maximum speed limit is theoretically harder to fight because a driver must not exceed the maximum amount, but violating a speed limit is easier because it is lowered to a speed that is deemed reasonable. That's why cops on city streets usually ticket you for going 10-15 mph over the limit because anything less may be reasonable for the conditions. On the freeway, there is a maximum speed, so cops are usually more strict unless you are driving within the flow of traffic, but there have been times when the flow of traffic is too fast that the cop cannot ticket everyone, so what they do is they turn on their lights and start weaving side to side and slow down so everyone slows down. Of course, there are areas where the city has no say about a speed limit, such as through a school zone or in an alley.

Here's an example:

-The maximum speed of a vehicle shall be no greater than 65 m.p.h Cal. Vehicle Code § 22349. (so violating this is presumably harder to fight because it's the maximum speed at which a vehicle can be driven).

-But, the speeds of vehicles can be regulated to a lower speed through the basic speed law (aka speed limits): No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property. Cal Veh. Code § 22350. So if you are charged with violating the basic speed law, it is easier to fight because, regardless of the posted speed limit, you can be driving at a reasonable or prudent speed for the conditions.

-And then there are areas such as school zones, elderly centers, etc. where you cannot exceed the speed limit in these areas because it is presumed that the posted speed limit is reasonable and prudent, so exceeding the speed limit in these areas shows you are being unreasonable and not prudent.

This is why some signs on the road say Speed Limit while the ones on the freeway say Maximum Speed

 

Rominl I think that's a pretty common practice...at least it is here. Traffic courts are packed and they want to get people in and out as fast as possible. Especially if you have a clean record. You still have to pay court costs and a fine for improper equipment, but you get no points, so the county makes $, you save insurance $, and everybody's happy. I had a 62 in 45 dropped to improper equipment about 2 yrs ago. A lawyer makes it a lot easier.

 

Rom, I suppose it is illegal in the strictist sense of the word, but I don't think fraud would be the charge if the county decided to make it an issue. But then again, speeding is illegal too, so why split hairs? I live in Louisville, BTW, so not really that rural. Population over a million.

 

I've been given a speeding ticket by a cop pacing me.... that's all the proof I need

Maybe the laws are different in your state, but this is CA, and it can and does happen here.

However, in this case, I do agree with you... what the cop didn't really "pace" him in this scenario... I just didn't want people to think that pacing couldn't happen