View Full Version : CA: anyone ever fought a ticket based on officer incompetence


wump
03-08-2006, 03:09 PM
Awhile ago I got a BS ticket on the 5 north for doing 80 in the carpool lane. That is not the ticket to which this thread refers.

The ticket in question is the one I got on 2/20, 85 in a 55 on mullholland (a straight stretch of it).

The officer wrote me up for "22349 Operation of a vehicle at an unsafe speed." This is not a big deal, and alone warrants the use of an "I was not operating the vehicle at an unsafe speed" defense.

However, what makes this ticket interesting, and apparently gives me a shot of winning it, is that he also wrote me up for failing to provide proof of insurance. That was a misconception on his part, however.

When I handed him my vehicle registration, I had it folded. Inside of the folded registration was my insurance card. He took them both from me (not realizing he was holding my insurance) and demanded I find my insurance card. At the time, I didn't realize he had them both either, so I continued to look for my insurance info. He got impatient after a minute and went off to write the ticket, assuming I didnt have insurance (even though he was literally holding the card in his hand).

When he returned to the vehicle with the ticket, I specifically asked him "Are you sure you're not holding the insurance?"
His response was Yes.

About a half hour later I met up with {a forum member} and showed him how I had the ticket folded up inside the registration. {he} is willing to testify to this fact.

My mom would be willing to testify to the fact that she put the insurance information in my car, which she did. She opened up my glove box and put it inside the vehicle registration card, which she put inside the car's manual.

Considering I would have no reason to move or otherwise alter my insurance card's physical location, what would you say are my odds of winning this on officer incompetence are?

How would I go about making an argument toward that end?

edit: yes, my mommy loves me like that <3

edit 2: anyone that links ticketassassin is going to get a penis slap across the face

92 e30 cabrio
03-08-2006, 03:12 PM
just because the cop fined you a ten dollar correctable fine is not going to get you out of the speeding ticket.

and any road that lets you go 80mph is not a "twisty"

wump
03-08-2006, 03:17 PM
I would have to argue the speed at which he paced me, because I was in 2nd gear

You can do the math of the top speed of a 528 in 2nd gear. I gurantee you, it is not 85 mph. Not to mention I was not redlining it.

GoodOlSappy
03-08-2006, 03:21 PM
well heres the funny part i was the leader and i went past the cop at about 50 MPH and he radared me how could wump here be going 85mph when the average distance between most of the cars there was one car length.

wump
03-08-2006, 05:09 PM
I should mention that the bail/fine on this ticket is set at a staggering $1600
that said, I can afford to lawyer up :)

JM3
03-08-2006, 05:16 PM
im going to offer my personal opinion and tell you that it probably won't work. not having insurance is a simple matter of providing proof when you go to court. as for the whole "couldn't have been going 85 in second gear", and the testimony of other bfc members, well I'm just going to respond with LMAO.

The judge doesn't give a shit what forum you are part of or that your friends are going to testify on your behalf. The only thing that will be considered is the LEO's account of what happend and how he caught you speeding. I would just bend over and take it.