Speeding ticket, trying to beat it

[fxwllms]

California,

I was driving up a mountain highway (2 lanes) the lanes split into 3 lanes and when I got over I realized that the 3rd lane was an exit lane, so i put on my blinker and realized there was no open slot for me to get back in, but then I saw one ahead of me so i speed up to get back. (there was a white fiat ahead of me aprox. 100-200 ft who was speeding very fast) as he jumped into traffic at the last second, I saw in the front of me a chp pull up to the highway (assuming that is where he clocked me). I followed traffic with the chp trailing me down the mountain, untll he pulled me over.

When he came to the window he said he got me at 75mph, I gave him my things and when he came back he said and i quote "I miss spoke you were going 72". then he proceeded to say that there are 2 laws one that says it is a 55 MPH the other that the max speed is 65MPH. He wrote me the ticket and I left.

Now as far as options, it was my girlfriends car, he might have clocked the fiat, were in a downhill slope, he could have been moving, he clocked through a window and lastly he miss spoke. now looking at the ticket he may have even put the wrong date.

Let me know if there is a way to fight this please and thank you

 

[CdwJava]

What code section did he cite on the ticket?

Does the cite indicate whether radar or lidar was used?

 

[fxwllms]

code and lidar

it says code and section 22349(a)vc - speed 65mph and he used lidar

 

[FlyingRon]

22349 says you can't drive on a highway faster than 55, except in cases where the speed is surveyed to allow higher (65). Alas, you can't use the lack of a traffic survey on this one.

The clerical errors don't matter. The woulda, coulda, worrying about his technique isn't a defense. You're required to moderate your speed on down grades.

 

[CdwJava]

If he used lidar, he was stationary when he got the reading on you. And for VC 22349(a) you were cited for exceeding the maximum speed limit of 65 MPH. Those can be hard to beat.

 

[fxwllms]

even with the idea of having to speed up a little to get back in traffic? maybe a clause in the idea that is same to self defense, it had to happen out of safety?

 

[CdwJava]

even with the idea of having to speed up a little to get back in traffic? maybe a clause in the idea that is same to self defense, it had to happen out of safety?

There is no exception in CA law that permits you to exceed 65 MPH in order to get back into traffic ... even if that were the case.

 

[Zigner]

even with the idea of having to speed up a little to get back in traffic? maybe a clause in the idea that is same to self defense, it had to happen out of safety?

A SAFE thing to do would have been to slow down until you could safely re-enter traffic on the highway...but not so much so that you block traffic behind you. Sometimes, the safest thing to do is to exit and then re-enter the highway.