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Comments
I guess the judge figured she should have known her speedo was inaccurate.
With the maximum speed law, I suppose that is the right judgment. It doesn't matter why you were speeding, only if you were speeding. If I was the judge, I'd of let her go and given the benefit of the doubt. But in essence, she testified to her own guilt, as if she said her speedo read 65, then she's inherently saying she was driving 75! Guilty! She should of plead the 5th.
With the basic speed law, you'd still have to show that 10 MPH didn't put you in a unreasonable or unsafe speed range.
(I bet he pays the fine though).
I suppose they will have to start offering people $1,000 to fight their ticket in order to get more people to do it.
The California Legislature just passed Senate Bill 1303, which strips away fundamental rights for motorists accused of red-light camera violations. The measure will now go to Governor Brown’s desk.
Despite the claims of its backers, SB 1303 does nothing substantive to protect motorists from the abuses of photo enforcement. In fact, some of the most recent bill amendments came at the urging of Redflex Traffic Systems, a major photo enforcement vendor.
The true purpose of SB 1303 is to eliminate a major legal hurdle for camera vendors by allowing camera-based photos and video into evidence without testimony as to their validity. With no camera company representative in court to testify, ticket recipients are deprived of the basic right to challenge the evidence against them.
In addition, SB 1303 allows any jurisdiction to justify ticket cameras for “safety reasons” simply by showing that violations are occurring—even when there are virtually no accidents at the intersections in question.
Finally, the bill’s proposed changes to the “notice of non-liability” (otherwise known as a snitch ticket) will only lead to more motorist confusion and perpetuate this abusive and unfair practice. (Learn more about snitch tickets.) --->>> http://www.motorists.org/red-light-cameras/fake-tickets
SB 1303 is a cynical attempt to further erode motorists’ rights in California, and there’s still time to stop it. Contact Governor Brown now and tell him to side with California’s drivers by vetoing SB 1303. Please forward this alert on to others and ask them to respond as well.
John Bowman
National Motorists Association
____
Tell Governor Brown 1984 isn't wanted in CA!
There are stretches of I-15 in Utah with an 80MPH limit on them.
2020 Acura RDX tech SH-AWD, 2023 Maverick hybrid Lariat luxury package.
6 percent of all French drivers now use radar driving apps.
Most of these companies rely on their users to scout and report the locations of speed cameras, which are then forwarded to others using the same application. Drivers passing the same points are asked to confirm or amend the sightings."
In Europe, Speed Cameras Meet Their Technological Match (NY Times)
From what I have witnessed in Germany, camera traps (and I didn't hear of many) were also signed.
The main effect of the varying speed limits was that we, along with most of the traffic, were either 5 mph over the limit, or 10 mph over the limit.
It works great.
Showed up at 9:15 a.m., procrastinated a lot and was cramming for my defense and cross examination at the last minute, so I didn't mind waiting and arriving early.
At about 9:35 they open the courtroom up, bailiff takes roll call, and we all sit until about 10:10 a.m. After the 40 minute delay, they ask us to all rise, and the judge (female) steps into the court. The court thinks they are getting their pound of flesh out with time wastage, but I'm loving it as I'm getting more minutes to do my last minute preperation and "radar error" research reading, educating myself with the time going by.
I didn't see any La Mesa PD motorcycles in the parking lot (good sign). There were a bunch of CHP bikes, and one SD PD bike. No uniformed La Mesa PD officers in court; another good sign, but one guy walking in just after the doors opened worried me a lot, as he was young and in a nice business suit (potentially my cop?)
They call one case and the person isn't present. They call my name 2nd, I stand up, say here, and the judge says the officer isn't present, case dismissed, go to the bail room.
I go to the bail room, 10 minutes later the clerk calls me up, says my case has been dismissed, that I'll receive my refund ($360) in 4 to 6 weeks. La Mesa PD and the City of La Mesa -- PAY UP!!! GIVE ME MY MONEY BACK!!! BOOOYAH!
I tell the clerk I'd like to see the officer's testimony from the trial by declaration/mail that I was found guilty in. She looks at me puzzled, and says my case has been dismissed. I tell her that my case was a Trial De Novo for a trial by declaration where I was originally found guilty, and for my own personal knowledge, I'd like to read the officer's testimony/letter that resulted in me being found guilty (she looks at me crazy) says "your case is dismissed and you'll have to pay if you want copies." I calmly state I don't need copies, just a couple minutes to review his letter and read it right here. She reluctantly hands me the paperwork, I find it quickly and read it as fast as I can as she just stands there waiting for me to finish.
The officer used general arguments that didn't really apply to my case in his declaration. He made subjective statements which would and could really be seen as false statements. Things like 35 MPH is the speed limit for optimum conditions, that at the time of the citation (10:20 a.m weekday NON RUSH HOUR) there's lots of people entering and exiting the driveways alongside the roadway, frequent bicyclists and pedestrians (bold lies). The thing is he didn't completely perjur himself because he made these statements subjectively and generally, he did later on in his letter admit when taking his radar reading I was the only moving object around (benefits doubt about radar to admit that). Therefore, he stopped short of stating there were any bicycles or pedestrians applicable to my case. Maybe he was trying to justify his enforcement efforts???
I'd like to think justice was served and that the officer was a coward who wouldn't dare defend his false allegations in a court of law. However, the truth is because I had the county seat as my venue, and the La Mesa PD normally goes to the East County Courthouse, he didn't show. Reason being that it wasn't financially beneficial to the city for him to show. He already wasted time re-writing the ticket 2 times (due to his own errors), and wasted time writing a prosecution letter in my trial by mail, he wasn't going to show up outside of his home court. The courts are clever, they schedule a La Mesa PD day at the court, and all traffic cases are heard on the exact same day every week (could be Wednesday, for example). Do you think he's going to pass up time to "kick it" with his buddies and colleagues at El Cajon, where he might have 2 or 3 trials conveniently scheduled back to back to back, or go to Kearny Mesa to handle one case he know he has to lie about to win? The financial reasoning behind traffic enforcement dictated he wouldn't show up today, and I was proven right. There's more money in it for him to show up at his regular courthouse only.
The justice of this case makes me feel better about not fighting the CHP speeding case earlier this year and just paying the fine and going to traffic school on that one. I had a good case this time and made a good judgement call.
My best judgment call was to not accept the court's offer to bribe me into accepting a guilty verdict by allowing me to go to traffic school for an extra $55 even though there's a rule you can't do traffic school within 18 months of your last session. They were willing to bend the rules on that in order to get my $360 + $55. I didn't take the deal; I doubled down and went all-in!
Take that La Mesa PD.
Tickets on Lake Murray Blvd = 2
Convictions = 0
Undefeated, 2-0 record; taking all challengers and newcomers; bring it! Bring it La Mesa! You only have until 2014 to use that almost 10 year old traffic and engineering survey where the 85th percentile was 41 MPH, but you still set limit at 35? I bet the next survey comes out to 45 MPH or more at 85th percentile, and if the limit were set to 45, I might actually obey it! 35 makes me laugh and I ignore it.
Because, after all, it is all about you.
Because, after all, it is all about you.
It's not about me. It's about all Americans.
HOpefully, the City and PD department review their conviction and fine collection rates for different citations on different roads, and keep track (stats).
Hopefully, they'll see an unusual resistance to speeding tickets given on Lake Murry Blvd. by the La Mesa PD. HOpefully, they'll see the trend that a higher percentage of people won't be walked on and tend to fight those tickets at a higher rate. Hopefully they'll see and take notice of a higher rate of dismissals and not guilty verdicts. Hopefully they'll realize enforcement efforts on underposted roads is in vain, and adjust accordingly. Hopefully, they can learn from their mistakes.
I know I did my part as a citizen to correct this bad behavior by my local gov't with negative reinforcement.
please continue your responsible & safe motoring and contesting whatever unjust citations happen your way.
also please keep ignoring the naysayers who would seem to prefer that you CONFORM to be one of the sheeple!
ANDRES3 FOR PRESIDENT (of the NMA.)
[ Are you active in your local NMA chapter? you would be a great resource for local drivers who aren't as well-informed as yourself.) ]
[ Are you active in your local NMA chapter? you would be a great resource for local drivers who aren't as well-informed as yourself.) ]
This should answer your question regarding activity in my local NMA chapter:
There's a local NMA chapter in CA??????
I don't think the CA chapters in the NMA are very alive, but they should be!
As to a great resource for drivers, 85% of what I know about fighting and winning tickets should be credited to David Brown's NOLO PRESS publications.
The NMA does have the best cross examination question booklet I've ever seen on radar though. You get to be a regular Johnny Cochran.
Overland Park, KS has (or at least in 1999, had) a traffic court that convened in the evening.
Accidents: 0
Traffic Citations: 0
Ahhh... the wonders of traffic school erasing one, and having another thrown out of the courtroom and dismissed all in one year. Of course, the citation date on that dismissal was from 2010.
That's another great reason stalling and delaying your traffic ticket case is a good idea. If you can delay the conviction for a year and a half, then the 3 year window insurance companies are allowed to know about it (look up the record) is shortened, and hence, the amount of time they can wrongfully upcharge/surcharge you for it.
Merry Christmas & Happy New Year !
Let this be the year where everyone learns to merge at full speed so as not to impede traffic.
Let this be the year where law enforcement actually earns their paycheck and actually seeks out dangerous drivers rather than waiting and hiding behind a bush (while eating a donut and reading the newspaper) for the first person to ignore an underposted limit.
Let this be the year where red-light and speed cameras are outlawed by the Supreme Court.
Let this be the year where all the bad roads in the USA are re-paved.
They are inconsiderate for the following reasons:
1) The courts erred in ruling them Constitutional. They trample on several fundamental rights.
2) The ends don't justify the means.
3) They waste time, waste gas, increase pollution (from tailpipes idling), and create congestion.
Yeah, respect them, right. Animal Farm...
In good news:
San Diego Mayor Filner lived up to his election promises, and had the illegal and unconstitutional camera's brought down. All red-light cameras and required associated (red light photo enforced intersection) signage was removed as well (at taxpayer expense) the other day.
So San Diego is now free from the oppression that was REDFLEX or whatever other scam artist run corporation that works in red-light cameras.
So the taxpayer paid to put up the signs and cameras, and now the taxpayer pays to have them removed and thrown away. My big question is what scum sucking idiot no brain people thought this was a good idea in the first place?
He cited several reasons for removing them:
1) increased accidents or lack of evidence showing any reduction in accidents.
2) bred contempt and disrespect for law enforcement
3) bad way to welcome tourists to the city, and say thank you for visiting, here's a $500 fine in the mail.
The unsaid final reason was that I believe San Diego was no longer making a profit on the camera's, and was barely breaking even.
In other good news, my favorite quote from this story:
An analysis of crashes that occurred during the ICC’s first full year of operations, from December 2011 through December 2012, also found that speeding was not to blame for most of these accidents.
http://www.washingtonpost.com/blogs/dr-gridlock/wp/2013/02/04/icc-speed-limit-go- ing-up-to-60-mph/?wprss=rss_local
Speed limits going up, what's not to like? Albeit painstakingly slowly and incrementally.
Some here might find it blasphemy that most accidents weren't related to speed. With greater speed comes greater risk, or so some in the dark ages still say.
The crony capitalist camera operators should be treated as other corporate criminals. More of our market oligarchy at work.
1) increased accidents or lack of evidence showing any reduction in accidents.
2) bred contempt and disrespect for law enforcement
Exactly. Some people need to prove their side, and if they want respect, earn it like normal people.
About the local corrupt irresponsible should be imprisoned or hanged LEOs, no TV news story carried it on their site or on the air. Only a print media site carried it. I wonder why.
The sophisticated camera systems are mounted on squad cars and telephone poles. They are able to read license plates and record the time, date and location a car was encountered.
One such device, the SkyCop Mobile License Plate Recognition & Video Surveillance System, is touted by the Memphis Police Foundation on its Web site. The organization says the system can provide police with such information as "improper registration, people driving on revoked licenses, stolen plates and/or stolen vehicles, outstanding warrants, sex offenders (and) known gangsters."
Court Battle Looms Over Automatic License Plate Readers
No double standards!
APD email says traffic money to fund future pay raises (wsbtv.com)
I wonder how corrupt that will end up being in an area with many parts that don't seem to be 100% in the first world.
Oh the horror of finding out speed kills is a myth.
Utah reports fewer crashes, better compliance with 80 mph speed limit (missoulian.com)
1) http://www.thenewspaper.com/news/26/2627.asp (US Dept. of Transportation Study confirms Speed not a significant Causal factor in collisions).
2) http://www.thenewspaper.com/news/24/2442.asp (Purdue Univ. Study - Higher Interstate Speed Limits are Safe)
In any case, here is the data source for those who might be interested.
http://www-fars.nhtsa.dot.gov/Main/index.aspx
"Excessive speed, for example, is implicated in an overwhelming number of fatal crashes. Traffic enforcement cameras—“speed cameras”—have been shown, conclusively, to reduce road fatalities.
Western European countries have been aggressive in adopting speed cameras, which is one of the main reasons that their road deaths have fallen so dramatically. The United States has not. Even simple police enforcement of the speed limit, in some states, has been lacking."
The Engineer’s Lament (The New Yorker)