100+ mph in 65, California CHP, Juvenile

[AMcPilot]

Hi,

The following is what happened to me, it is a long story so anyone who could help me would be greatly appreciated. It's hard to justify why I was going so fast but here is the story. I got a speeding ticket by a CHP officer going 100+ in a 65. I'm not sure how he got my speed but all it says under "speed approx" is 100+. I was driving a new BMW and I am only 16 years old. I have never been pulled over before because I generally don't speed. Anyway the reason why I was speeding was because I was being followed.

I was at a stop light when a heavily tinted BMW M3 pulled up next to me. The person(s) driving the car started shouting at me "Did your mom buy you that BMW fag*et" and "why are you driving so slow". I wound up my windows and turned up the music so I would not hear them. The light turned green and I drove onto the on-ramp with the Bmw behind me. I was driving in the slow lane following the speed of traffic. The bmw was then tailgating me flashing his high beams. At this point I started getting scared, this continued for a few more miles. I drove onto the off-ramp pretending I was going to exit the freeway but last minute I cut out, crossed the solid white line in an effort to see if they would still follow me. At this time I was driving with traffic and the bmw still continued to follow me, now he still was tailgating me flashing his lights and now swearing behind me. My adrenaline was pumping hard so as I look back I realize that the choices I made were not the best. At the next exit I did the same, took the exit and cut out back onto the freeway. The area I was in was not a populated area so I did not want to exit the freeway. About 10 minutes into the ordeal I became very scared and as the freeway opened up with more lanes I shoved the accelerator to the ground in an effort to loose them. As I was going faster the bmw still continued to tail-gate me even as I was getting 80+ mph. About 20 minutes after the bmw started following me I passed a truck weight scale station. The bmw then cut across all five lanes of the freeway and took the exit. I was then left alone. But I did not realize there was a CHP bike behind be, my adrenaline was pumping so hard I did not even notice him.

So I was pulled over and the CHP officer gave me a ticket for 100+ in a 65. I told him everything that happened and he seemed to believe me and understod what happened. This is my first ever time that I was in trouble by a cop for any reason. Here are the violations on the ticket, I don't really know what they mean. There are also two more but I can't read the officers hand writing.

22349(A) VL
CHP m/c cm8796 100+ s/v

I understand what I was doing was wrong, I put everyone on the road at risk. I did not realize I was going so fast, my hart was beating out of my chest. I have no idea what I should do. If anyone could help it would be greatly appreciated.
Please help…

 

[Caerdwyn]

Your best bet would be to go to court and fight the ticket, present your case to the prosecutor/judge and see what they say.

The last time I had a ticket, I explained my case to the officer and he said that I should show up in court and I would not get points, only the fine. He might have arranged that with the prosecutor ahead of time, behind the scenes, because when I showed up to court the prosecutor met with me and we discussed this. However, I think he met with everyone who was there to contest their ticket, and may have been offering them similar 'deals' on the fly. Your mileage in CA may vary - I was caught by a local cop here in NJ, not a statey/highway patrol.

At the very least, you can present your case to the judge. I can't say whether you should get an attorney or not... I think a lot of people believe they NEED an attorney when they go to court over traffic matters, but it is not always the case. Attorney fees may further compound the problem, given how much your fine will be for the ticket...

Good luck!

 

[NYClex]

this is a little tricky since you obviously have no witness for the "chase" and by telling this story would admit a whole lot of more offenses. On the other hand there might be a really hefty fine, points and skyrocketing insurance rates if you plead guilty.

I guess you should consult an attorney about this.

 

[lwpat]

California over 100mph

California over 100mph speeding ticket

This is a very serious violation with a mandatory court appearance. One of your parents or an attorney will have to appear with you. You are looking at a serious fine and your parents will not be happy with the outrageous increase in their auto insurance.

Unfortunately judges and police officers have heard all kinds of excuses, including this one. Don't expect any sympathy. You were endangering the lives of others by your actions.

Talk to your parents. If they do not have a family lawyer then my recommendation would be to find a good traffic attorney in your area. They will more than save his fee in the insurance increase.

There is a find an attorney link on this site. Only if no one is listed in your area you may email me and I can furnish some more resources.

 

[CA2145]

Handcuffed for 101MPH

Hello,

I was recently caught speeding by CHP. I was temporarily doing over 100MPH and acknowledge the danger. I had my daughter (12), her friend (12) and Nephew with me traveling back from vacation in LA to the Bay Area.

Once pulled over, the officer asked me to remove the keys and step oit of the car. Leaving the 3 kids sitting in the car in 106 degree heat with no AC. He promptly asked me to face the road, ask if I had any weapons, put my hands behind my head and cuffed me. After putting me back in the police cruiser. He walked back to my car, (in a non comforting tone). Told the kids I was speeding, people die every year on the roads (adding to their panic) and I would be released from Handcuffs if my license ran back clean. 15 minutes of sweating in a very hot cop car, it did and I was released, sign the ticket which stated I was doing approx. 101MPH on radar.

He was a very young cop (rookie at a guess) and I am wondering was this process correct. Granted, I realize my speeding was child endangerment. But, is'nt leaving 3 kids on the side of a highway in 106 degree heat for 15 minutes also the same. A trumatic event for my daughter to have to witness. I had never been handcuffed before in my life. The kids were trumatized by the whole event. That cannot be reveresed. But, do I have a case to fight my ticket. The CHP officer did not read me my rights. He just cuffed me to detain me I guess. Can they do that? Seemed excessive and wrong. Plus, I was legitimately worried for the kids welfare "baking" in my black car for 15 minutes. Power windows, so they had no way to get ventilation and were told to stay put. "Don't pry, don't cry" were the Officers soothing words. Any feedback would be greatly appriciated. Thanks

 

[CdwJava]

15 minutes of sweating in a very hot cop car, it did and I was released, sign the ticket which stated I was doing approx. 101MPH on radar.

What section were you cited for?

He was a very young cop (rookie at a guess) and I am wondering was this process correct.

There was nothing obviously improper about it. But, if you have a problem with how he approached the situation you can contact his office and make a personnel complaint.

Granted, I realize my speeding was child endangerment.

Well, yeah ... fortunately for you, speed alone is not generally sufficient to warrant a criminal charge for child endangerment.

But, is'nt leaving 3 kids on the side of a highway in 106 degree heat for 15 minutes also the same.

If they were locked in the car unable to get out, and 6 years of age or younger, yes. As it was, they were older and just uncomfortable.

Again, this is - at best - an issue for a complaint to his supervisor, nothing more.

A trumatic event for my daughter to have to witness. I had never been handcuffed before in my life. The kids were trumatized by the whole event. That cannot be reveresed.

Initiated by YOUR actions, however.

But, do I have a case to fight my ticket.

You can always try and fight a ticket. I'm not sure what grounds you have, but you can always attend court and hope he will not show up. You can also ask for pre-trial discovery to include his notes and the maintenance and calibration on the radar used, and on his training to operate the radar. There are a number of ways to TRY and challenge the cite if you have the time and tenacity.

The CHP officer did not read me my rights.

He did not have to.

Miranda is required only after you are both in custody, and the officer is asking questions likely to elicit an incriminating response. As it is, this appears to be a case where he detained you in handcuffs without asking you incriminating questions when you were cuffed. if he DID ask you questions after you were cuffed, and he uses those statements against you in court, you can move to have them suppressed as you were not properly Mirandized. But, I doubt that will be the case.

He just cuffed me to detain me I guess. Can they do that? Seemed excessive and wrong.

Yes, they can do that. For whatever reason, he felt that you might be a danger to him or someone else, and he felt the best bet was to handcuff you until he could sort the situation out. Again, you are free to complain to his supervisor.

Oh, and in the future, you need to start your own thread - please do not "necro post" and reply to threads that are four years old.

- Carl

 

[lwpat]

Hmmm, which is more dangerous, 3 kids in a nonmoving vehicle for 15 minutes or 3 kids in a vehicle doing 100+ for we don't know how long? Here, he could have arrested you and had the car towed. I have also known of people spending jail time for similar situations in other states.

 

[lwpat]

Hmmm, which is more dangerous, 3 kids in a nonmoving vehicle for 15 minutes or 3 kids in a vehicle doing 100+ for we don't know how long? Here, he could have arrested you and had the car towed. I have also known of people spending jail time for similar situations in other states. Methinks you complain too much.

 

[Gail_in_Georgia]

I agree. And 2 of these children were 12 years old. Not exactly small children.

I wonder which trauma was worse; seeing mom/moms friend getting handcuffed or flying down the road at 100+ miles per hour.

Gail