Can CHP Really Tell if You are Speeding from the Sky

[Oyusan]

I hate Nancy Pelosi...

[WhistlerUser]

As Oyusan basically said with the CVC code he quoted, the officer on the ground must aquire your speed independent from the officer in the plane. Basically, the officer in the sky where you are and how fast you are going, than the officer on the ground tags you with pacing, laser or radar. The officer in the sky's evidence is not admissable, but they don't need it once the officer on the ground gets your speed.

According to the article, the bear-in-the-air doesn't clock the driver's speed. He clocks his own speed using mile markers and paces the driver. Seems like a loophole in CVC 40802.

If you take CVC 40802 (a) (1) literally, every inch of highway in CA is a speed trap as they all have mile markers. I doubt you're going to get a judge to throw out an air ticket based on this defense, as it effectively invalidates every ticket issued on a highway in CA.

If the LEO actually uses mile markers to clock your speed however, then you have a good defense.

[Oyusan]

As Oyusan basically said with the CVC code he quoted, the officer on the ground must aquire your speed independent from the officer in the plane. Basically, the officer in the sky where you are and how fast you are going, than the officer on the ground tags you with pacing, laser or radar. The officer in the sky's evidence is not admissable, but they don't need it once the officer on the ground gets your speed.

According to the article, the bear-in-the-air doesn't clock the driver's speed. He clocks his own speed using mile markers and paces the driver. Seems like a loophole in CVC 40802.

If you take CVC 40802 (a) (1) literally, every inch of highway in CA is a speed trap as they all have mile markers. I doubt you're going to get a judge to throw out an air ticket based on this defense, as it effectively invalidates every ticket issued on a highway in CA.

Umm, this is the first I've heard of this. Well, if this is happing, two things come to mind:

1 - The plane using mile markers to measure it's speed would be the same as using it to measure my speed even if it paced me. Either it used the mile markers to measure my speed, or it used it's speedometer to pace me. In which case...

2 - In a discovery for an airplane pacing - get the airplane's speedometer calibration.

There has to be an easy way to fight that tactic...

[WhistlerUser]

Umm, this is the first I've heard of this. Well, if this is happing, two things come to mind:

1 - The plane using mile markers to measure it's speed would be the same as using it to measure my speed even if it paced me. Either it used the mile markers to measure my speed, or it used it's speedometer to pace me. In which case...

2 - In a discovery for an airplane pacing - get the airplane's speedometer calibration.

There has to be an easy way to fight that tactic...

From the article:

"Basically I use the aircraft to pace the vehicle for a one mile mark, and then I use the stopwatch to convert the aircraft speed to ground speed," said Werner.

I agree. The pilot clocked his own speed, then paced the car. Essentially one step removed from clocking the car directly. But again, if you take that first part of 40802 literally, then every highway in CA is a speed trap. I don't think you'll get a dismissal unless you were clocked directly by the airplane.

[Oyusan]

Umm, this is the first I've heard of this. Well, if this is happing, two things come to mind:

1 - The plane using mile markers to measure it's speed would be the same as using it to measure my speed even if it paced me. Either it used the mile markers to measure my speed, or it used it's speedometer to pace me. In which case...

2 - In a discovery for an airplane pacing - get the airplane's speedometer calibration.

There has to be an easy way to fight that tactic...

From the article:

"Basically I use the aircraft to pace the vehicle for a one mile mark, and then I use the stopwatch to convert the aircraft speed to ground speed," said Werner.

I agree. The pilot clocked his own speed, then paced the car. Essentially one step removed from clocking the car directly. But again, if you take that first part of 40802 literally, then every highway in CA is a speed trap. I don't think you'll get a dismissal unless you were clocked directly by the airplane.

I see your point, its just another BS tactic to screw us over. But, we still have a right to confirm the accuracy of the methods in which they used to clock us. If they used that tactic to get around the speed trap law, then we should have the right to challenge their airplane speedometers if it is a pacing instead of a speed trap. In my mind, an airplane pacing would be treated the same as a vehicle pacing. I'd want their airplane calibration records. It is a good idea on their part, but its still flawed and we still have good ways to fight it.