Transportation and Vehicle Safety: Speeding ticket, radar unit, radar gun

Question
I was cited under section 22349(b) for doing 60 in a 55 zone.  My question revolves around two issues.  A) I do not believe I was actually over the speed limit (tough, if not impossible to prove at this point), and b) when I was pulled over the officer stated to me that he didn't actually record my speed using his radar gun but estimated that I was doing 60.  However, my citation states that my speed was determined using radar and lists the number of the radar unit.  I originally considered contesting the ticket based on the accuracy of his estimation of my speed, but then realized the ticket states something completely different than what the officer told me.  Can I contest it on the grounds that the citation is inaccurate?

Answer
Hello Jack and welcome to AllExperts!

Firstly, 22349(b) VC is the Prima Fascia section concerning the violation of the posted speed limit. What an officer needs to substantiate this violation is direct evidence based on clocking your speed via their certified and calibrated speedometer, or by a calibrated radar unit operated by a trained officer.

The law also requires the officers observation to be accurate, and any equipment used in determining this violation to be calibrated and working within tolerances as defined by code and the manufactures specifications.

The law requires you as the driver to ensure your speedometer is functioning properly.

I am pretty sure you knew these things, but needed to ensure we had a proper foundation to work from. Ok, here we go.....

An officer does not need probable or reasonable cause to check a drivers speed whether it is by clocking or by radar. In many cases, a reason to check would definitely be based by observation of what appears to be a high rate of speed.

If the violation was based on driving faster than the maximum speed allowed per 22349(a) VC, or the basic speed law concerning what is considered safe per 22350 VC, an officers observation based on their training and experience would be sufficient.

However, for your violation, 22349(b) VC, this definitely requires accuracy and cannot be based on an estimate.

Also, your citation is both a police report, a technical arrest and release, and evidence of the facts in the case (infraction) before a judge. It can have no ambiguity and must be accurate on its face.

If the officer stated he had cited you for 22349(b) VC based solely on a speed estimate, the citation could be contested and won.

Concerning the conflicting stories of what the officer said and what he wrote (estimated speed versus radar), it will be your word against the officers, and the judge will want to know why you signed a ticket without reading it first. You still must sign it, but at least you could have contested the accuracy at that time, which would give far more weight to your side of the events.

The burden of proof is on the officer, but a signed citation by you concerning a speed violation with radar having been used is all that is required to substantiate it. Unless the officer has a record of giving false testimony, or the events as told by the officer are profoundly and obviously inaccurate or false, the judge is not required to base his judgment on your statement of events where it questions the honesty and integrity of the officer.

I have no reason to disbelieve you at all Jack, and know that this stuff does happen, but you asked for my advise and I must provide you with best information to resolve this issue. I do not think the judge will take your word over the officers regarding the radar issue.

I would firstly have your speedometer checked and if it is supporting of your belief that you were not speeding, I believe that showing proof of this would exonerate you from the infraction.

If that doesn't work, I would ask for traffic school which would prevent this from going on your driving record and prevent your insurance company from raising your rates. You of course will have to plead guilty to get traffic school however. If you elect to do this, plead guilty with a excuse, and tell the judge everything you had written to me.

I understand the anger and frustration with being falsely accused, along with the need to shout your innocence from the mountain tops. Sometimes however, there is more discretion in damage control than in trying to keep a sinking ship afloat. In the end, you must decide what your actions will be.

I hope everything works out well for you Jack. Best of luck!

Terry