ClA said:
My friend just got a ticket today for going downhill in neutral gear.
http://www.dmv.ca.gov/pubs/vctop/d11/vc21710.htm
Nothing in that statue about depressing the clutch. How could they prove that your friend wasn't depressing the clutch as opposed to being in neutral?
60 in a 55? Over by 5 miles per hour? I doubt an officer can reasonably prove the 5 miles difference
During the Carter and post Carter 55mph era, the feds were really pushing states to enforce 55mph by threatening to take way highway funding. Early on, what was accepted as proof of speeding was really bad. As time went on, eventually most of these methods got invalidated by lawyers and the courts.
What was eliminated:
Estimating speed by simple observation from a fixed point, some officers were claiming they could accurately estimate a cars speed simply by observing a car going by. When actually tested, it turned out that their estimates were affected by the size of the car, and were quite off with smaller vehicles like motorcycles (they overestimated the speed of small vehicles, underestimated the speed of large vehicles, like trucks, due to perpective which there is a thread in this forum that discusses this).
Estimating speed of a car approaching a cop vehicle from behind (unless it was to simply state that the vehicle caught up), since it requires accurate estimate of distance behind, and most drivers "slowed" down and never really caught up, unless the cop also slowed down.
In California, the usage of a hand held stop watch for any speed estimate, including aircraft. Aircraft patrolling is still allowed, but all they can do is radio for a ground based policeman to use a radar gun to verify the speed of the car.
Tickets for going just 5 mph over the speed limit are extremely rare, and probably limited to a cases like going 30mph in a school zone with kids present. This only existed for the first 2 years of the 55mph speed limit change. Eventually just about every method other than radar was shown to not be accurate enough to gage this difference, and the tickets were getting thrown out of court. In my case, the judge changed my fine to $10, since I got the ticket in a city 40 miles from my house and couldn't take the time to fight it in court. In this particular city and time the judges weren't allowed to dimiss tickest on their own without a trial.
Note that the 55mph speed limit wasn't truly nation wide. The federal government can't set speed limits directly, but what they did do was threaten to withold federal highway funding if states didn't change and enforce the 55mph speed limit. There were a few states that got little or no federal funding, so they never implemented a 55mph speed limit. If I remember correctly, Montana had no speed limit at all (just a basic speed law), until a few years ago. 100mph on a rural road with no traffic seemed to be the "real" limit, as tickets for 100mph were getting thrown out for not exceeding the basic speed law (speed it was safe to travel at). Arizona had and has the highest posted speed limits, 85mph, mostly for the interstate freeways. Motanta has a 100mph limit now, but it's not posted.
I know people that've beat tickets using equations to prove the cop's argument was incorrect.
But in your case the cop had almost 2 miles to "clock" you. In the cops mind, you probably slowed down once you saw him so he went by his initial estimate of your speed, long before he got close enough to truly pace your speed. Since it's not required for the cop to state how long (how many seconds) he actually paced you at a reasonable distance to verify your speed on the ticket, the difference between reality and what the cop states in court can vary quite a bit. Many police cars have dashboard cameras, and there are radar systems that work with moving vehicles. One way to eliminate the lies would be to include telemetry in the recorded video from the dashboard camera (the cops speed, and the victim's speed if possible), and require this as proof in court. Currently the only video requirement is for the red-light cameras. My wife got one of these, because it turns out that these systems estimate that a driver is going to run a red light and start video taping when this occurs, then camera shots are taken. In my wifes case, she was making a right turn on a red light and she stopped, but it turned out that the sensors were set a bit too far back of the limit line. Turns out that only about 1/3rd of the stop light tickets ever get passed the review stage, and in most cities all are reviewed before mailing a ticket out. This particular city is a bit lazy/greedy and only review tapes when a victim schedules a review, and the victim has to show up for the review, a bit of a hassle but otherwise a similar procedure. The reviewing officer can dimiss the ticket without requiring a judge.