I'm not biased in the slightest. I find it repugnant that you openly admit you were speeding and that you're challenging the fine (that you deserved). Pay up or shut up.

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Current stable:
1995 E320 149K (Nancy)
1983 500SL 120K (SLoL)

Black Sheep:
1985 524TD 167K (TotalDumpster™)

Gone but not forgotten:
1986 300SDL (RIP)
1991 350SD
1991 560SEL
1990 560SEL
1986 500SEL Euro (Rusted to nothing at 47K!)

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CENSORED due to not family friendly words

I mean, I did a 73 in 45, and got it reduced from reckless driving to a citation. Just get a top notch lawyer ($$$ cost me $500) and you'll get it knocked down even further.

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1998 Ford Escort ZX2 5 speed - 279,000 miles My Daily

1992 Mercedes 300D 2.5 202,000 - Pure junk
2000 Mercedes E320 Black - 136,000 miles - Needs repair

Don't forget to grease the screw and threads on the spring compressor.

The defense for going 62 MPH in the Speed Limit 40 MPH is the same as for going the 54 that the Officer wrote. The Speed Limit 40 MPH is not the same as a Maximum Speed Limit 40 MPH.

The actuality of a Speed Limit x MPH is that you can exceed that if road conditions, traffic and so on are safe for you to go the higher speed.

In the original thread I posted a site from a Lawyer that tries to explain it. But, if you have a mental block on the explanation you won't understand it.

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84 300D, 82 Volvo 244Gl Diesel

Maybe California has some sort of weird voodoo speed limit laws where you're required to use Ms. Cleo to figure out what the actual speed limit is on a given day. At least in Texas (and every other state I've traveled to) the sign that has a number on it is the speed LIMIT (meaning you don't go faster than that) on that road. 1mph over the posted speed limit can get you a ticket, typically you won't get one until 5mph or greater over the posted speed limit.

__________________
Current stable:
1995 E320 149K (Nancy)
1983 500SL 120K (SLoL)

Black Sheep:
1985 524TD 167K (TotalDumpster™)

Gone but not forgotten:
1986 300SDL (RIP)
1991 350SD
1991 560SEL
1990 560SEL
1986 500SEL Euro (Rusted to nothing at 47K!)

__________________
CENSORED due to not family friendly words

Here is a good description:

Here is the law in California:

• "Maximum Speed" is a numeric speed, specified in miles per hour in the California Vehicle Code, which you may not exceed under any circumstances. There are currently three numeric maximum speed laws in California: a 70 mph max. speed for some rural freeways that are rated for such high speeds (CVC sec 22356), a 55 mph max. speed for 2-lane undivided roadways (CVC sec 22349(b)), and a blanket 65 mph max. speed everywhere else (CVC sec 22349(a)).
• A "Speed Limit", however, isn't a law. Posted speed limits, called "prima facie limits" in the California Vehicle Code, are the suggested maximum safe speed for that particular stretch of road under normal driving conditions. The law in force here is CVC sec 22350, sometimes called the Basic Speed Law, which states that "No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property."

However, if you drive faster than a posted "Speed Limit," the burden of proof will be on you to demonstrate to the court that your speed wasn't a violation of the Basic Speed Law (cf. CVC 22351(b)).
6
https://boards.straightdope.com/sdmb/showthread.php?t=269685

Here is another explaination but I don't have the source.

Here is the law in California:
"Maximum Speed" is a numeric speed, specified in miles per hour in the California Vehicle Code, which you may not exceed under any circumstances. There are currently three numeric maximum speed laws in California: a 70 mph max. speed for some rural freeways that are rated for such high speeds (CVC sec 22356), a 55 mph max. speed for 2-lane undivided roadways (CVC sec 22349(b)), and a blanket 65 mph max. speed everywhere else (CVC sec 22349(a)).

A "Speed Limit", however, isn't a law. Posted speed limits, called "prima facie limits" in the California Vehicle Code, are the suggested maximum safe speed for that particular stretch of road under normal driving conditions. The law in force here is CVC sec 22350, sometimes called the Basic Speed Law, which states that "No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property."
The above in red applies to my case.

Note the "normal conditions" issue. Traffic on that stretch of road when I was on it was not normal. There was zero traffic all the way back to the Intersection behind me and all the way forward to the Intersection in front of me. The Motorcycle Officer was not even on that road. He was stopped on a side street.
When there is traffic on that road even when traffic is moving normally you would be lucky if you can go 40 mph. If I had been doing 62 or even the 54 mph in that normal traffic I would indeed have been guilty.

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84 300D, 82 Volvo 244Gl Diesel

If someone is upset about my perceived waste of Tax Money one of the Governors allowed an amnesty which amounted to a large loss of revenue. It pays to be delinquent on you citation/fines.

Notice it makes it sound like you won a lottery: "Effective: October 1, 2015 through April 3, 2017

The Traffic Ticket/Infraction Amnesty Program (amnesty program) was designed to provide tens of thousands of people who received qualifying tickets in California with relief from the escalating costs of fines, fees, penalties, and assessments that have come from those tickets (traffic and non-traffic) remaining unpaid. While specifically targeting the payment of delinquent fines associated with infractions, some jurisdictions expanded the program to provide relief from the high costs of delinquent fines from misdemeanor convictions, as well."

https://www.courts.ca.gov/amnestyreports.htm

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84 300D, 82 Volvo 244Gl Diesel

Wow, if you have a dash cam, you could prove you were going 62 mph, and not 54 mph, as written, proving the the cop was lying, maybe get it thrown outta court!

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"I applaud your elaborate system of denial"

Bonneau SC has this local cop that sits at the 55mph sign on the way out of town. People see the sign and start accelerating. He pulls 20/30 cars a day with that cheap move. Technically its speeding though.

When I drove by the Officer and his lights went on I had no idea why he was pulling me over and did not look at my Speedometer.

I cannot recall if he showed me the Radar Gun with my speed on it (which apparently is what he was supposed to do) or he just told me I was going 62 mph.

Within a day or two of getting the citation I misplace it and did not find it till approximately around after Aug 4th. Then I realized he has written 54 mph.

Not I had postponed my court date which had been in July to 9 September to do some research on if it was possible to fight the ticket.

The Ticketninga place said it could take 3 months after filing the Trial by Declaration to get an answer from the Court.
If I a found not guilty the Government still got the use of the $238 for the 3 months it took to get an answer.

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84 300D, 82 Volvo 244Gl Diesel

I did not catch the details of what you said the first time I read it.

This is the way I see it. A Radar Gun has a certain percentage or accuracy (unknown to me). But, it seems to me the Radar Gun would be at the greatest accuracy if it was pointed directly at your vehicle (COP at a stand still in front of you pointing it at you).

If they are taking the Radar Gun reading and any sort of angle or difference in height and distance from the target vehicle one would think the amount of accuracy decreases (remember I am speaking of a hand held device). So what ever reading they get is going to have a percentage of inaccuracy.

One would think that the COP if he wrote the speed would subtract for the percentage of inaccuracy.

Frankly I think the Law concerning this type of ticking is gambling that you won't fight the ticket.

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84 300D, 82 Volvo 244Gl Diesel

hopefully you can get it thrown out. i have always considered speed limits a suggestion based on traffic, road conditions, and what you are driving.

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1985 300D om617: 8mm M pump 175cc 5200rpm, holset he221w @ 30psi, large A2W ic, compounds on the way.
KD9AFT
A&P

Since 1968 I have been pulled over 3 times for speeding and this recent one is the only time I was cited. Every time has been with there was no other vehicles around me where I was essentially driving alone.

When I am in traffic I drive slower then the fastest vehicles in traffic and faster then the slowest vehicles in traffic and I don't get pulled over for speeding. And in fact previous to being pulled over I had been wondering why at 10 am on a Saturday there was no traffic at all. No vehicles on the Road, no Bicycles and no Pedestrians on the side walks.

On that stretch of road I don't believe they even allow parking.

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84 300D, 82 Volvo 244Gl Diesel

Finally the end of it. I got my refund today.

I had actually forgotten about it.

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84 300D, 82 Volvo 244Gl Diesel