guys/girls help me fight this ticket!! (long) - Page 2 - G35Driver

xkoraznboix · 2003-11-21 12:09:13

it stunk when i took the state internet traffic school online course. it takes 4 hours to complete! each chapter took me about 5-7 minutes to read (instead of the 15-20 they expect), but the thing is timed so it wouldn't let me go ahead until the timer ran down. so basically, i'd do my reading/answer questions, get up and do something else, and keep checking back to see if the time's up. but eh, it's much better than a sit-down classroom course with people who insist on asking questions when the answers are all in the driver's manual. .g35girl.

#18

11-21-2003, 08:46 PM

Ca_Kid

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Re: guys/girls help me fight this ticket!! (long)

What worked in my case, may not work for yours, and Court circumstances vary considerably from state to state.

My case was almost identical to yours in that it revolved around the question of "pacing."

In my case, I knew that I was over the posted limit, but when I do such driving, I generally try to carefully watch my rear view mirror. About three quarters of a mile behind me was a sweeping wide turn, in which I could see the Black and White CHP cruiser broadside. This was a time when double nickles was the highway limit, so I quickly dropped it down to 55 MPH.

He put on his red light, and I stopped. The very first words out of his mouth was: "well your rear mirror sure works well." I argued that he was so far back that he could not possibly have paced me. He wrote the ticket anyhow.

This will work a lot better if you have to appear before a Judge than a Magistrate. At that point, I decided to do some research. I located the CHP office for our area and asked to talk to the highest level officer I could locate at that office. I said I would like to make an appointment to read their Operations Manual that spells out the standard the Officer must follow to meet their pacing definition. He said no one had ever asked that question, and besides it is confidential information, and it is not available to the public. So I didn't have any opportunity to read the manual.

In court on my trial day, I was before a Judge. I related my efforts to read the Operations Manual, and the refusal by CHP to allow such review. I stated that in my opinion, this was a clear violation of due process in that they refused to allow me to see the standard upon which the ticket was written. That's not fair or appropriate.

The Judge said he had been on the bench a long time and thought that he had heard them all, but this argument was a first for him. While he did not dismiss the matter, he did reduce the fine to the smallest amount permitted by current California Code. Hope you find this story helpful. Keep us informed.

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