Re: Speeding tickets from aircraft

[Chris.Prael@xxxxxxxxxxx (Chris Prael)]

Alan,

I've been doing some more talking with people and thinking about the issue of
citations issued on sightings from aircraft.  It is quite likely that the
speed trap argument does not apply.  

Instead, a rule of law that is built into all U.S. jurisprudence, not just
California statute, is the operative argument.  In particular, second hand
testimony, "hear say", cannot be used against one in a criminal matter. What
this means is that if police officer "A" observes a citizen violating some
statute, s/he can write a citation and can testify in court about what s/he
saw and heard.  However, if officer "A" makes the observation and officer "B"
writes the citation, officer "B" can only provide "hear say" testimony, which
is illegal.  

Other states may not require that the citing officer has to be the one who
provides the primary evidence.  But California law does so.  I have heard that
there are places along I5 where the CHP maintains landing strips so that a 
miscreant can be herded into the presence of a lawful citing officer.  There's
no way to do that along I280.

Now, if you get nailed again on 280, you'll have the right argument.

My mistake.

Chris Prael

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