AboutTerry Godchaux Expertise I can answer questions about vehicle safety issues, vehicular counter-terrorism training, police pursuits in general (specifically for california), emergency response in general (specifically for california), criminal justice, and police academy training.
Experience I have recently retired as a Deputy Sheriff from California. I have served in Patrol, Investigations and Narcotics.
My last position for 10 years was assigned to our Regional Training Center at the Police Academy. I taught at the Academy and administrated the Emergency Vehicle Operations Course (EVOC). I also was a subject matter expert in narcotics and vehicle operations and training. I also served as a member of CalPOST.
I am a subject matter expert in vehicle operations, vehicle safety, code-3,
pursuit, and counter-terrorism operations. I have also served as a subject
matter expert for the California Police Officer Science and Training (CalPOST)
consortiums within the state.
Organizations
Former P.O.S.T. Board Member for EVOC
Former P.O.S.T. Board Member for Simulations
Former P.O.S.T. Board Member for the Sheriff’s and Police Academy
Former Instructor for the Las Positas College (A.J. EVOC)
Former Instructor for San Joaquin Delta College (A.J. EVOC)
Former Lead Instructor for EVOC at the ACSO Police Academy
Publications
Numerous within the S/O I had worked for.
Education/Credentials
Baccalaureate Degree in Pre-law
Management and Administration Certificate
Basic California P.O.S.T. Certificate
Intermediate California P.O.S.T. Certificate
Advanced California P.O.S.T. Certificate
California P.O.S.T. Crises Management
California P.O.S.T. Crime Prevention Training
California P.O.S.T. Advanced Crime Prevention Training
California P.O.S.T. Environmental Engineering School
California P.O.S.T. Drug Recognition Expert
California P.O.S.T. DARE Instructor
California P.O.S.T. Specialized Training Institute (CSTI) Tactical
California P.O.S.T. Firearms Instructor
California P.O.S.T. Driver Awareness Instructor (DAI)
California P.O.S.T. Pursuit Driving Training Instructor (DTI)
California P.O.S.T. Basic Motorcycle School
California P.O.S.T. Motorcycle Instructor
California P.O.S.T. Tactical Vehicle Instructor
California P.O.S.T. Dignitary Protection Instructor
California P.O.S.T. Counter-Terrorist Instructor
California P.O.S.T. Driver Simulator Instructor
California P.O.S.T. P.I.T. certification
Barricade Braking certification
California P.O.S.T. Counter Terrorism Driving School
Past/Present Clients I currently work as a contract Instructor for the Jutice Department when training needs concerning EVOC arise outside of the U.S.
Question I have over ten years of experience and I just received my first traffic ticket in Riverside County for driving 62 MPH (according to Radar) in a 55 MPH. Also the ticket states that my approximate speed is 60 MPH. The police officer was situated at the bottom of a hill along the highway. The driving conditions were good and traffic was not heavy. I was not being unsafe according to the driving conditions. Can I fight this ticket in court and be successful? Should I pay the fine and go to traffic school? Will my insurance rates go up? How much is this fine? Can I go to court and if I lose still go to traffic school?
Answer Hi Lil, and welcome to AllExperts!
Your question greatly depends on which section of the Vehicle Code you were cited.
If the section was for exceeding the maximum posted speed limit (22350 CVC - Prima Facia), then it will be difficult to defend yourself based soley on the violation itself.
If you were cited for unsafe speed (22349(a) CVC), Then you may have a possible chance of beating it based on the violation itself. In this case, assuming you can show that due to conditions present (as you have described), you were:
1) Under control at all times.
2) At a speed that wasn't hazardous to anyone else.
3) Only 7 mph faster than posted for a brief period.
Usually, if you cannot contest the violation, you contest the officer and his mode of verifying your speed.
For Radar:
1) Was the officer trained and qualified to use radar.
2) Was the radar unit properly calibrated at the start of his shift.
3) Did the unit pass, or has it ever failed calibration standards.
4) Can he be sure that your car was tagged and not something else.
5) From tagging to stop, did the officer ever lose sight of the car.
For clocking (shadowing the offender)
1) Is the speedometer certified as being accurate for police use.
2) What was the date of the last calibration. (must show > 1 year)
3) How long did the officer shadow the offender at speed.
4) From tagging to stop, did the officer ever lose sight of the car.
If you wish to contest the citation, you will lose any opportunity to request traffic school, which is the only way to have this removed from your driving record and not have this available for scrutiny by your insurance company.
Unless you can show mitigating circumstances, equipment failure or procedural errors on the officers part, then you only have a couple choices. If the section was for 22349(a) CVC, you have a 25 hance of beating it. If the section was for 22350 CVC, you have no chance. In either case, you really should ask for traffic school.
