27Oct/094
Speeding Ticket in California?
I received a speeding ticket today for going 47 in a 25. However, I do not feel that I was going that fast. When the officer came to my window he stated that he was "pacing" me and came to the conclusion that I was at 47.
Now, how can it be PROVEN that I was going 47? I could see with radar there is a number and everything but "pacing"? its almost as if he just picked a number.
Should I appeal in court? If I do, is it free? Do I still have to pay my ticket and then get refunded? How does the process work?
Forgot to add, on the ticket where it says RADAR ID#, he just wrote the word "pace"
I know what pacing is...but who is to say that isnt what he did? its my word against his and in this case he doesnt have radar backing him up
October 27th, 2009 - 12:15
The question is not really whether you were going 47 mph. The question is whether your speed was reasonable and prudent for the conditions. It the limit was 25, then it is presumed that ANY speed in excess of that was not reasonable and prudent, and the burden will be upon you to prove the contrary.
Unless you can prove either that you were going 25 or under (which seems doubtful) or that your speed (whatever it was) was reasonable and prudent, you cannot win in court. The only significance the actual speed might have is in determining the amount of the fine. If you could convince the court that you were actually going 40 mph or less, the scheduled fine would be reduced from about $320 to about $220.
Frankly, I think your best bet is just to go to traffic school, which will cost a bit more but keep it off your record.
October 27th, 2009 - 12:15
Pacing doesn’t use the radar. He gets behind you, matches your speed and simply looks at his own speedometer. He didn’t just ‘pick’ a number.
If you go to court and win you don’t have to pay your ticket. If you pay your ticket it’s an admission of guilt.
October 27th, 2009 - 12:15
ya ur basically screwed sry bro, but ur gonna have to pay uncle sam
October 27th, 2009 - 12:15
You can go to traffic court and tell the judge "I wasn’t doing 47 mph" then he will ask the officer "how did you determine (s)he was traveling at 47mph" to which the officer will reply "Your Honor, I paced him (her) by matching our speeds". Then the judge will say "guilty as charged" and asses a fine. You then pay the fine, or take an all expense paid vacation, then go home!
It is your word against a trained traffic cop. You will lose.
Been there, done that!