Hayward, CA asked in Traffic Tickets for California

Q: How to fight a speeding ticket from pacing?

I was driving down a freeway at 12 in the morning and the speed limit was 65. The surrounding traffic was going at an average speed of 80+mph. I was on the left lane going at a constant 76mph and I could literally see a white car next to me race by me at at least 86mph. I maintained a speed between 74-76 and I noticed a car tailing me really closely. I was confused on why he was tailing so hard when there were empty lanes everywhere. I glanced at my speedometer cause I thought I was going too slow but I saw I was still going 76 and that was when the lights went on and I got a ticket for going 80 apparently. I told the officer I was maintaining a speed of 76 and he asked me when and I said before he pulled me over. He told me he was pacing me before that but that's impossible because he would have had to have seen the car next to me gunning it down at 90mph while I was still going 76...what are the chances of winning if I take it to court? Its my first ticket and I'm only 19.

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1 Lawyer Answer
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: selective stops are challenging.........though others were breaking the law, that does not excuse you.

if speed limit is 65 and you admit to 76 you technically are guilty.

is the court you have to appear at one that is close over in the middle of nowhere.

i have sat as a judge pro tem for traffic and i might dismiss under the circumstances....................however

every bench officer brings their own beliefs to the bench.

there is always a good chance the officer will not show

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