I wonder too why he didn't go after the guy who was going much faster than you. Sounds like you got picked out because of the car.

 

I'm not sure I buy that logic. Would it be entrapment if I was "hovering" around a park where there has been a problem with gang activity and I catch someone doing something illegal? If I'm looking for someone who's been drinking and driving, it seems quite logical to me to focus my efforts in an area where there are bars or night clubs, not churches.

 

I agree that a warning should have been all you should have gotten and I also am curious why he gave up on the guy he apprently WAS after??

On another note, you saying " I'm not from this area" is a very bad excuse, one you should never try using.

Road signs are mostly for the people who have never been there, or not from the area.
The people who HAVE been there already know what all the signs say.

 

I agree that a warning should have been all you should have gotten and I also am curious why he gave up on the guy he apprently WAS after??

On another note, you saying " I'm not from this area" is a very bad excuse, one you should never try using.

Road signs are mostly for the people who have never been there, or not from the area.
The people who HAVE been there already know what all the signs say.

 

However, if you set up a DUI roadblock right outside a nightclub, I can almost guarantee that it would not last very long. I can understand if the officer just happened to driving that way, but following exotic and sports cars as they exit a perfectly legal meeting place is not right in my book.

He needed to pull over someone and since the guy in front of me slowed down, the red Corvette was a good alternative target.

...from having a highway-wide road with no intersections, driveways, businesses, residences, etc and a 35 MPH speed limit!

 

You don't really believe that do you

I agree a warning certainly would seem appropriate here.....but your comment really isn't fair to our LEO friends.

 

Hey Dave, did you make it down to PCH in Carlsbad, huge speed trap area, or were you still by the Starbucks area????

 

Sorry it happened Dave. I'm not an attorney, but here are a couple of options. You can contact an attorney if you wish.

First off, since you're not from the area, you might want to call first thing in the morning and request a change of venue (ask for a county seat). This means they can try and change your residing court closer to where you live / work. I'm not sure they'll do it now, after the fact, but it won't hurt to ask.

If you have to have to go back to the same area for court: go back to the area you got the cite and take pix. Maybe have your speedo calibrated. Get a DMV printout of you driving history. I'm not guaranteeing you a dismissal, but IMO a judge maybe more lenient towards citizens who out an effort into their defense other than, "I wasn't doing it your honor." Remain professional and your chances are better in court ... 50/50 if you decide to fight it and request a trial date.

Since he got a good pace on you, it's his discretion to come after you and let the other car go. Since you told him you were looking for a place to turn around, you casted doubt on your ability to claim, "I didn't know how fast I was going."

A reason these guys might be in the area to begin with might be on request from residents/business owners complaining about the few bad apples leaving in an asinine manner and ruining it for everyone.

I'm not debating anyone's errors, miscalculations, claims of profiling, blah blah blah. Just trying to offer you some friendly advise Dave.

Dave Q.

 

When you go before the judge ask that question and give a good description of that car. And ask if the police was profiling. Hope it works out for you and good luck with the ticket.

 

Profiling has nothing to do with anything. There's no way you can prove it. It has no bearing on whether or not a speed violation was involved. All it does is Pi$$ the judge off and make the defendant sound like he's been watching too many TV court shows. The officer can just say, I picked you. End of discussion. There doesn''t have to be a reason. The officer can even admit that he was following you wand waiting for you to screw up. That's not illegal, past legislation has decided that. It won't help his case. Everyone keep saying "profile this, profile that". There has never been a proven case of profiling in CA. It doesn't mean anything. Dave, I'm just trying to keep this a level discussion.

 

I guess you do not have a good education either. Do a little research before you open your trap. Most Police Depts. require at least a two year degree, alot require a four year. Last I looked I am making FAR more than minimum wage. I guess thats the benefits working for one of the nations most paid Police Depts. Its guys like you that probably have been stopped, been a wise a$$, shot their mouth off, and didnt like the outcome. I guess YOU are much better than the lowly bottom feeders that enforce the law. We are just simple minded minimun wage idiots that think we are god.

 

As I read it you admit you were speeding. Go to court and tell the judge that you were speeding but the officer singled you our because you were driving an exotic sports car and see what he/she says.

Next, as for the Officers "hovering around the show" comment. Did you ever think that the city may have mandated they hang around there because of the anticipated crowd. In Phx if you have a public event with over a certain number of people attending you are mandated to hire off duty officers for security/crowd control.

Why didn't he stop the other guy? Maybe it had to do with the fact that he slowed dramatically and you kept going in excess of the posted speed limit???

As someone said, entrapment is when they plant the seed in your mind. Did any of them whisper in your ear "go speed". As for the person that suggested a "change of venue". He's been watching reruns of the OJ trial or something. I can't image a court granting a change of venue for a speeding ticket, unless you've received a ton of pretrial publicity about this offense. The only way you're getting that would be if the existing court/venue would be prejudiced against you.

My suggestion is look into the possibility of a school. While you're there stay awake and you'll probably learn why the minimum wage high school dropout jack azz writes speeding tickets. If you ever had to scrape up someone's family member after they were hit by an idiot driver "just doing a few miles an hour over the speed limit" you'd appreciate why you got written.

Have I ever been guilty of speeding, you bet. The difference is I'd accept the fact the Cop was doing what I as a taxpayer paid him to do and wouldn't be looking for excuses and laying blame on him. You screwed up, accept it and life will go on.

 

Fight it! When you go to court, tell the cops side of him pulling you over and not the guy that was going much faster. Basically use his story against him.

 

Wow

 

My wife got pulled over in Baltimore for speeding 9 mph over the 55 mph speed limit on the beltway. In order to make sure that it was an aggressive driving violation, the cop also gave her a bogus ticket for following another car too closely. You would think that 2 or more violations would lessen your risk of getting a ticket. Instead, it just increases the average fine and points! She went to court and got all the points removed and most of the fine.

 

Thats my favorite line of crap!!!!!!!!
You left out the part how YOU pay the cops salary!!!!!!!!!!!!!
Bet your the first Citizen to complain that the ricers are speeding on your block!!!! "Wheres a cop when ya need one".....!!!!!

Dont mind me...I am just laughing my butt off at your Liberal Crap!!!!!!

 

As for the person that suggested a "change of venue". He's been watching reruns of the OJ trial or something.Maybe in AZ it doesn't happen, but in CA it's common. FYI, I never worked in AZ, did you work in CA? Thanks, but no ... I wasn't interested in OJ's trial. Imagine that? Speak from experience, not from what you think goes on in 2 states over I can't image a court granting a change of venue for a speeding ticket, unless you've received a ton of pretrial publicity about this offense. That is straight up nonsense. The only way you're getting that would be if the existing court/venue would be prejudiced against you.They're not going to put a request for county seat on your permanent record. It's a verbal request, not a Congressional decision

Okay, I will agree with you on this one. I did work in AZ, which by the way is next door, not a couple states over and a judge would never even entertain such a motion. I'm sure even in CA you'd have to show cause for such a thing to be considered.
My apologies neighbor!

 

Gene, I was entering Carlsbad, I believe. I just wish I knew about that huge speed trap!!!!!

Dave Q, thanks for the advice. I have been known to take pics. Although I have never received a ticket before this while driving my C5, last year on March 31st, I was coasting down a long hill in my Mazda when a cop with radar nailed me at 55 MPH (speed limit 45). Since few people ever ride their brakes or downshift on this hill, coasting to an illegal speed is very easy to do. I took quite a few shots of the area to convey the absurdity of the trap. Well, the judge agreed that the hill lends itself to speeding and I ended up taking an online traffic school. Unfortunately, it hasn't been one year since that mishap and driving school may not be an option. However, I may try to convince the judge, anyway.

To everyone else who replied: Thanks! I realize that I was exceeding THAT speed limit, the thing that irks me the most is the speed limit itself. 35 MPH on a highway-like road? Give me a break here. That road could easily have a 55 MPH limit and not be dangerous to anyone. The long, straight road that leads to my house has a speed limit of 30 and the street is lined with houses that contain many children. Yes, 30 on this street is legit, but NOT on the road upon which I was accused of speeding. (at least in my opinion). Hey, maybe I'll take some pics and post them next weekend.......

 

No worries Ed. Thanks for the geography lesson. I guess you do know where you live ... at least that's one thing I know you know more.

Dave - They do offer 2nd offender traffic school, so that option isn't completely out the window. You just have to ask the judge nicely.

 

Nope...not entrapment. In criminal law, a person is 'entrapped' when he is induced or persuaded by law enforcement officers or their agents to commit a crime that he had no previous intent to commit. A defendant who is subject to entrapment may not be convicted as a matter of public policy.

However, there is no entrapment where a person is ready and willing to break the law and the government agents merely provide what appears to be a favorable opportunity for the person to commit the crime. The mere providing of an opportunity to commit a crime is not entrapment. In order to find entrapment, there must be persuasion to commit a crime by the entrapping party.

Entrapment is an affirmative defense in which the defendant has the burden of proof. It excuses a criminal defendant from liability for crimes proved to have been induced by certain governmental persuasion or deceit. To claim inducement, a defendant must demonstrate that the government conduct created a situation in which an otherwise law-abiding citizen would commit an offense. The defendant must show that he or she was unduly persuaded, threatened, coerced, harassed or offered pleas based on sympathy or friendship by police.

Of course, this is a very simplified version of what constitutes entrapment...but take it from me, "entrapment" almost never occurs. The defendant has a very high hurdle to jump if he intends to use that defense.