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Entrapment?

On Lawyer & Legal » Traffic Law

7,604 words with 7 Comments; publish: Wed, 02 Apr 2008 12:52:00 GMT; (800140.63, « »)

The state is: CA

I was driving behind a police car on the freeway. The speed limit was 65 mph and I was not exceeding that. After a little while he started going faster and the distance between us grew. He then slowed down and squeezed in to the middle lane. I passed him driving in 65 mph. He got behind me and pulled me over and said I was speeding. I got a ticket for going in 75 mph. He also said that he was speeding on purpose to see if I would follow, which is when the distance between us grew.

Is this entrapment? How do I get out of this? My court date is in 2 day, April 4th.

Thanks

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  • 7 Comments
    • 4-2-08

      kathrine77

      In Ca. a driver can ask for a continuance BEFORE arraignment and not lose the right to a speedy trial.

      A continuance can be asked by contacting the court clerk.

      By getting the arraignment date continued the driver has time to obtain Discovery, file a Trial by Declaration and to gather information to be presented at trial.

      Discovery is a simple request made by the driver for a copy of the officer's notes, a copy of the front and back of the ticket, a copy of the video if one was used, and the method the officer used to judge his speed.

      A friend then mails a copy to the D.A. (or city attorney)and to the officer who he received the citation from.

      The driver needs to know which method the officer used to judge his speed in order to present a proper defence in court.

      A form for Discovery

      can be downloaded from Help! I Got A Ticket! or copied from the back of a book on fighting taffic tickets in Ca. published by NOLO likely available at a library.

      If Discovery isn't provided within 20 days after receipt by the officer &/D.A. and within 30 days before trial, the driver can ask for dismissal of the case based on Penal Code1054.1 thru 1054.7 not being complied with.

      A Driver in Ca. can also file a Trial by Declaration. This is a written statement by the driver why he was ticketed in error. Forms for filing and instructions are available on the internet by typing in Trial by Declaration on Google or can be obtained from a court clerk.

      If the judge rules againt the driver, the driver can ask for a new trial as long as he does so within 20 days after the adverse ruling.

      Help! I Got A Ticket! 2.Speeding Ticket FAQ 3.-Speeding Ticket--Fighting or Plea Bargaining give detailed information on how to contest a speeding ticket from obtaining Discovery,preparing and appearing in court, as well as traffic school.

      Best Regards,

      Hey There

      #1; Wed, 02 Apr 2008 16:01:00 GMT
    • Quote:
      === Original Words ===

      What is the name of your state? CA

      I was driving behind a police car on the freeway. The speed limit was 65 mph and I was not exceeding that. After a little while he started going faster and the distance between us grew. He then slowed down and squeezed in to the middle lane. I passed him driving in 65 mph. He got behind me and pulled me over and said I was speeding. I got a ticket for going in 75 mph. He also said that he was speeding on purpose to see if I would follow, which is when the distance between us grew.

      Is this entrapment? How do I get out of this? My court date is in 2 day, April 4th.

      Thanks

      I had this same exact thing happen to me. The problem with an entrapment defense is you have to admit you were speeding and in my case, as soon as I did, the judge didn't want to hear anything more I had to say. Also, to successfully claim entrapment, you have to prove that because of some direct and intentional action of the police officer, you couldn't be expected to resist the officer's attempts to lure you into exceeding the speed limit.

      If you weren't going anything close to 75, my advice is to call into question the technique used to monitor your speed and the fact that it's very difficult, regardless of the level of training, to continuously monitor activity in his rear-view mirror while operating a police cruiser with the distractions from the radio, laptop computer, other drivers, etc.

      #2; Wed, 02 Apr 2008 13:24:00 GMT
    • DaveInPhx

      You are absolutely right, thanks a lot for some great advice

      Zigner

      No I was not speeding...

      #3; Wed, 02 Apr 2008 14:04:00 GMT
    • True, but is this enough for the court? I figured if I say what the police officer told me, that he basically entrapped me according to him, in court that would make my case better.. Does that makes sense? Otherwise it's just my words against his.. But how can he check my speed when I'm way behind him? I'm just trying to find that "twist" to get out of this ticket..
      #4; Wed, 02 Apr 2008 13:13:00 GMT
    • It's not entrapment. He didn't "force" you or "trick" you in to violating the law.

      Furthermore, you claim you didn't break the law in the first place...

      #5; Wed, 02 Apr 2008 13:04:00 GMT
    • Quote:
      === Original Words ===

      ...the police officer told me, that he basically entrapped me according to him...
      The officer did NOT tell you that he entrapped you.

      You shouldn't even focus on THAT part of the incident. What you should focus on is calling his measurement of your speed in to question.

      By the way, did you speed?

      #6; Wed, 02 Apr 2008 13:31:00 GMT
    • Quote:
      === Original Words ===

      But how can he check my speed when I'm way behind him? I'm just trying to find that "twist" to get out of this ticket..
      Assuming that you were cited by a CHP officer, most if not ALL CHP patrol cars have 2 RADAR transmitters permanently mounted; one that monitors speeding vehicles in front of them & the other to monitor speeding vehicles behind them. The CHP officer can switch back & forth between front & back units at will.

      My guess is that the officer marked a box on your citation (somewhere in the area where he/she listed the "Location of Violation") which indicates that he came to know what your speed was by way of a RADAR check of your speed at the time. If that box is in fact marked, you should also find a "RADAR Unit/Patrol Vehicle No." (This is so that you're able to question the accuracy of particular unit which was used in measuring your speed).

      That should answer your question as to "how he came to determine (or alledge) that you were speeding".

      In answer to your other question as to whether the officer's action can be considered as "entrapment", the California Vehicle Code does in fact allow for an "entrapment" defense. However, only as is described in Vehicle Code section 40802. You may also find a few "twists" in CVC sections 40801 thru 40806.

      And the last line of defense would be if the officer who had pulled you over was driving an "unmarked" car (not displaying the clear & well known marking of a Law Enforcement Agency AND if he was not "in uniform". (I can't remember which CVC section that is covered in)

      Anything else is a shot in the dark...

      Good luck!

      #7; Thu, 03 Apr 2008 07:51:00 GMT