Chased down by a turbine Helocopter...

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tigerdriver

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Okay, I dun dun it now...
Got a little speeding ticket. Heres the story,

I was driving back from San Fran on Interstate 80 East bound. I saw a Helocopter going the other way and watched him go out of sight. A short while, maybe 10 minutes later I was going uphill about 90 MPH and saw two motorcycles coming up behind me. I sped up a bit to move past a car and into the right lane to yield to them. They passed me and kept on going. About 3-5 minutes later I see a CHP car up ahead speeding up from the right side of the road to move in behind the bikes, I was still approx a mile behind them and the officer. The CHP car turns on his lights, has them exit at the next exit, and then slows down and tells me to exit as well. I do, they have 4 police cars and the helo there. They write us (two bikes and I ) tickets. Mine was for speed in excess of 100 MPH. Which I am pretty sure (unless my speedo is way off) I was not doing. Officer I talked to originally said "The helo had you up near a hundred". The ticket however jumped to the other side of the triple digit nightmare.
California Code States

California Vehicle Code 2004:
Section 40801. No peace officer or other person shall use a speed trap in arresting, or participating or assisting in the arrest of, any person for any alleged violation of this code nor shall any speed trap be used in securing evidence as to the speed of any vehicle for the purpose of an arrest or prosecution under this code.
Section 40802.(a) A "speed trap" is either of the following (1) A particular section of a highway measured as to distance and with boundaries marked, designated, or otherwise determined in order that the speed of a vehicle may be calculated by securing the time it takes the vehicle to travel the known distance. (the rest has to do with prima facia stuff like local roads, etc.)

I am pretty sure there is a lawyer in my future...
Any idea on how to go about fighting this ticket and having it reduced or thrown out?
 
California Speeding over 100 mph

My understanding is that the speed trap law does not apply where the speed limit is 65 or over. You can verify this with the attorney that you do need to retain.

There is a find an attorney link on this site. Only if no one is listed in your area you can email me for more references.
 
lwpat said:
My understanding is that the speed trap law does not apply where the speed limit is 65 or over. You can verify this with the attorney that you do need to retain.

There is a find an attorney link on this site. Only if no one is listed in your area you can email me for more references.

I don't think this applies to CA.

But you should talk to the CHP Helo squad and ask them what was the method they used to get your speed. You can also ask the judge to get the officers' notes on the event.

Also you don't need a lawyer as you can fight this one yourself.

Chances of them showing up to court is 90%. At least that's what the judge in Sac will tell you to scare you to plea guilty. Stand up for yourself.
If the Helo used lines or road markings and that's THE ONLY way they got your speed. Fight it!

I did and my case was dismissed b/c 1 of the 2 officers didn't show up!
Also do your research on how estimating your speed is inaccurate from the air.

Good luck.
Also check out this thread:
http://www.thelaw.com/forums/showthread.php?t=2313
 
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