Transportation and Vehicle Safety: 22349b violation, intersection 2, other vehicles

Question
QUESTION: I was cited going 80 in 55 mile 2 lane highway in Sonoma.  Officer said he clocked a white truck in front of me going 80 with his radar.  We were 2-3 miles before a major intersection, I was turning left and couldn't safely pull over until I made the left turn, the truck turned right. The officer followed me let the truck go and stated, in a perfect world I would have ticketed you both.  Since his radar was on the truck and not my car, do I have any way to fight the legitimacy of the ticket.

ANSWER: Hello Nancy and welcome to AllExperts!!

If you were onviewed by the officer as having driven at the same speed as the truck which was targeting by radar, then the officer can legally assume your speed was the same. The key would be the officer correctly identifying your car from first onview to the eventual stop.

I'm sorry Nancy that this wasn't what you wanted to hear. Best of luck to you!

Terry

---------- FOLLOW-UP ----------

QUESTION: Should I request a trial by written declaration.  I don't even remember being right behind the truck he clocked.  I was a ways behind.  When he spoke through his microphone asking me to pull over after the intersection, 2 other vehicles ahead of me also pulled over but he waved them on.  I had no idea I was speeding, I was driving the speed of traffic.  I haven't had a ticket in 20-25 years.  It was definitely a speed trap area but I know I can't use that defense.

Answer
Hi Nancy!

As I don't know what the officer could had seen or what he/she would testify to, I couldn't guess as to what the judge may do either. An example may provide an idea:

If the officer had on-viewed a grouping of cars traveling together, even if the distance between the cars within the group were within say,  300-500 feet from one another, and the officer continued to observe the group for a period of say, a 1/4 mile,  and the positions of the cars within the group hadn't changed, it would be fair to conclude that they were all traveling at the same speed. If one is tagged for a violation of speed, they all are in violation of that same speed.

While this may not be what you saw, without knowing what the officer saw, it would be entirely impossible to know for sure.

In so far as a trial by declaration goes, the only real benefit is not having to appear. There are many who feel you get a more favorable decision by this method, but that is mostly urban legend. A judge will base his/her findings on the evidence tendered, and this won't change whether you do the TBD  or choose to appear.

As you lose nothing by a TBD, you certainly can try this.

Best luck to you Nancy!

Terry