Speeding ticket on lake??

[Whipple Charged]

Ok, need some help if possible. Got a speeding ticket at our local lake, 50 in a 35! I know it's not good for story telling :D , but either way I'm stuck. They used radar to get the speed.
Curious if anybody knows a few things:
1. First, does a speeding infraction on the water go on your DMV driving record, I know DUI's do, but not sure about speeding.
2. Second, what or where is the law on whats the proper way of attaining someones speed with radar on the water/lake? I looked all through CA's boating website, through the law book that they have online and I could not find anything regarding the proper methods. I honestly didn't even know they used radar on the lake, theres no signs that say speeds enforced by radar. Is it like streets where speed surveys have to be done, do they have to calibrate the radar everyday, do they have to be trained to use it, etc?
The same sheriff has pulled me over almost every week out for inspections, even when I'm not doing a thing so I would really like to fight it and win. Any ideas?
Thanks,
Dustin

[Kilrtoy]

Sounds like harrassment if he keeps stopping you,
Dont know about your Driving record, I would have to say no, due to the fact you dont need a license to drive a boat. Surveys would be impossible due to changing water conditions.....

[Outnumbered]

File two extensions. Show up to fight the ticket. Chances are he will no show--you win. If he does show, chances are, he won't have his records of the incident (because of the extensions) and the judge will let you go. I have done this three times with traffic/speeding tix(not in a boat). It worked twice. The third time the judge was cool and let me do traffic school.
Good luck.

[h2oski2fast]

All Coast Guard waterways are 35mph..... I think you have a good case towards harassment. I would contact a public defender.

[NashvilleBound]

Dustin, I can't believe with your "Sleeper" he would even see you?! :rolleyes:
Sounds like your getting harrassed. Chaddy Shack on the boards is a San Diego Cherriff. I'm sure he can answer your questions.
If you need his number PM me....
(as you know were on our way back from TN today through Sun so I'll get back to you asap when we get in)
Jeff

[superdave013]

Well back when I was RACKING up the tickets speeding didn't go on your DMV.
A Reckless endangerment with a (RACING) attached still didn't show up on my DMV. :D
Ah, the good old days of taking off of work to go to South Kern County Court in Taft. :rolleyes:
Sorry to hear your getting ragged on by the man. I thought they only did that to guys in their 20's driving a bad ass flatbottom. At least that's how I felt back then.

[Essex502]

I believe in CA that for highway and streets it MUST be posted that radar is in use. I would assume that waterways have no less responsibility for posting it as well. Check the vehicle code for the section on posting the "Speed Checked by Radar" requirement. Also, for highway use of radar ro determine speed, the officer must have completed at least 24 hours of training in the proper use of the radar.

[SandMan_Mike]

This site might have some helpful info does not hurt to try. it help me once but not in a boat
http://www.motorists.org/issues/tickets/build_a_case.html
mj

[Boatcop]

All Coast Guard waterways are 35mph I'd like to know where this came from. There's no such thing as a "Coast Guard Waterway".
Speed in all situations is "Reasonable and Prudent for the existing conditions, taking into account all hazards that may be present." Except on certain waterways where a maximum speed limit has been established, or in cases of "No Wake" zones. The speed is immaterial in No Wake Zones, since if the boat is producing a wake, it's a violation.
Lakes that have maximum speed limits imposed, are controlled by local entities, and the limits are imposed by local ordinance and not based on State Law. The local entity decided that anything above XX MPH (say 35 MPH like Castaic) is unreasonable.
We don't need an exact speed measurement to enforce the "reasonable and PRudent" provisions. We just need to articulate why the speed and operation af the violator vessel is "Unreasonable".
We do use Radar though to establish the "proof beyond a reasonable doubt" required for boating violations. It always helps when we can testify that the boat was "at an unreasonable speed, on plane in an area of heavy congestion, boating traffic or swimmers. And that speed was XX MPH."
All of our officers that use radar are certified in their use, by the same standards that are needed for Highway radar enforcement.
Either way, the violation is detected by the officer's experience and training. The vehicle (or boat) speed is estimated by the officer, and confirmed by Radar.
Prior to getting our Marine Radar, we developed "speed curves" where our boat's speed was graphed based on the RPM. In these cases we could "pace" the violator and determine their speed. Radar is much safer since we don't have to be unreasonable in OUR speed to match the violator.
I sometimes don't agree with blanket speed restrictions, where someone on an empty lake has to stay below 35 MPH. But going 50 or 60 down the Parker Strip at night or weaving around floating boats, swimmers, etc. is definitely "Unreasonable".

[69 Elim]

Whipple Charged:
Got a speeding ticket at our local lake, 50 in a 35! Where was this at?

[Dave C]

It would seem that the locals have to post the maximum speed somewhere at the lake? Like a speed limit sign near each launch ramp.

[Essex502]

Alan...
How is a "wake" determined in a no-wake zone. The physics of a body moving through a incompressible fluid will always leave a noticable "wake". What determines the "allowable" wake? I always wonder this as I "putt" out of the no wake zone in Thompson Bay.

[Outnumbered]

Boatcop,
Is there any substance behind my method? A buddy of mine used to get out of tickets this way a lot. I have used it successfully but was it just luck?
Thanks for the input. We always appreciate it.
OL

[Boatcop]

Arizona defines Wakeless speed as:
"Wakeless speed" means a speed that does not cause the watercraft to create a wake, but in no case in excess of five miles per hour.
Not much help, Huh?
If the water coming off of the rear of a boat "breaks", that is causes white water, then it is officially considered a wake.
Filing extensions doesn't matter. When we get subpeoned to court on a case, we always check the day before and the day of the hearing to see if it's still on. This way we don't go in only to find out it's been continued.
Everybody has their own little "trick" to try and prevent the Officer from showing up, or keeping the ticket off your record.
Things like the filing numerous extensions trick, writing a check for more than the amount (courts don't take checks), file to move it to another court, etc.
None of them work. Some people may get lucky and they might work once or twice, but there's no sure way to beat a ticket, except to convince a judge you're right and the officer was wrong.
If you think that you're in the right, by all means fight it. We don't mind one bit going to court. If it's on our day off, so much the better. OVERTIME BABY!
And if the Officer screws up and doesn't bring Radar certification, calibration records, etc. then it's HIS fault, and you should get off. But they only do this once. If any of my guys lose a case because they didn't bring the right records to court, I'll pull their certification. and they can go back to pacing and using a stop watch.
I've seen more people get off with lowered or suspended fines pleading guilty with a good explanation, than with any of the" tricks".
One moving violation usually won't mess up a driving record too much. If there's so many that you risk losing your license, then maybe you should start looking at the way you drive, rather than how to beat the rap.
And to answer the first question, I don't know of anywhere that boating violations effect driving records, except that some States tie Drunk boating convictions to DMV records.

[DogHouse]

If ya broke the law and got caught, quit yer whining, pay the ticket, and move on! Why should you be so special as to get off for free? I got a ticket on the water a while back for a no-wake violation because I screwed up and came in too hot. Guess what, I payed my fine, learned a lesson, and don't do that any more! :D

[Whipple Charged]

boatcop,
Thanks for the info. The local partrol at Lake Millerton wait around corners with the radar in the 35 area. Ticket was issued when it was still plain as day, around 5:00pm, no other boats were within 1/4 - 1/2 a mile. Do you know where I can find info regarding the rules that governs the lake sheriff's? It's actually much more dangerous at 35 in my boat because you don't have a lot of control. I have to run my trim tab (which is used to get on plane) all the way down and trim all the way down, then bring the motors right around 1800rpm. But thats what we do.
Funny story, same sheriff arrested my friend when they flipped a 33' boat and accussed him of insurance fraud. Wanted to know who paid him to sink it. Mind you, he's a dealer, test at the lake all the time. Same cop told me that it's guys like me that kill children! I was like, "people like me?" Also tried to teach me that the hatch was the transom, therefore nobody could sit on it in the 5mph or anywhere (I only have 1' in front of the scoops to sit which is 2.5' in front of the transom). During 1st inspection, told me that my lifeline vest were "worthless" and I need to go to Walmart to get the $5 jackets. I had enough USGC approved jackets in the boat, but the Lifelines is what we were wearing and they don't have a USGC stamp.
Doghouse, nobody's whining hear and it's not about money, I didn't ask for such a comment, I was trying to find some info. I never even said if I'm guilty or not, just wanted to get info so I can make an educated decision on how to proceed with this problem!
Thanks to all,
Dustin