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  1. #1
    Join Date
    Aug 2010
    Posts
    2

    Default How to Challenge Radar Certification

    My question involves a speeding ticket from the State of: California

    This is my first time posting, so let me say start of by saying thanks for any help and sorry if I leave out any information. I am a grad student, so I'd really be grateful for any advice that involves me not having to pay a fine.

    In April, I was ticketed for speeding at 93 mph in a 65 mph zone. I was cited for violating VC22349(a) in the Newport Beach area. A radar unit was used to assess the speed I was cited. A mandatory court appearance was issued. My guess was that it is because of the speed that I was clocked out, so utilizing a trial by written declaration is not a possibility any longer.

    I submitted informal discovery requests to the DA, city attorney, and CHP. The CHP did respond 15 days after the initial request but only submitted a copy of the ticket. I sent in a second request and 2 weeks later, received a copy of the officer's radar certification as well as the traffic radar certification.

    The radar in question is a Applied Concepts Stalker Dual SL VI radar unit that was last calibrated on September 16, 2008. It is a nondirectional radar and works only in the same direction.

    The officer's certification was completed in April 2003.

    Do I have any possible options regarding the calibration of the unit or the certification of the officer, or am I pretty much stuck to having to appear in court and pleading guilty if the officer shows up?

    Also, if I end up having to pay the fine for the ticket, am I still eligible for traffic school? Thank you so much for any feedback.

  2. #2
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,276

    Default Re: Ticket Help!!!

    you would need to post the discovery request(s) and response documents for review .... the cop may also testify that he visually saw you speeding. Going greater than 90 MPH is going to be hard to address this possible testimony.

    Go ahead and post your documents and folks will comment on them -

  3. #3
    Join Date
    Feb 2008
    Posts
    1,628

    Default Re: Ticket Help!!!

    You absolutely do have a right to a TBWD....

    40902. (a) (1) The court , pursuant to this section, shall, by
    rule, provide that the defendant may elect to have a trial by written
    declaration upon any alleged infraction, as charged by the citing
    officer, involving a violation of this code or any local ordinance
    adopted pursuant to this code

  4. #4
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,276

    Default Re: Ticket Help!!!

    You are correct....
    **************************************************

    V C Section 40902 Trial by Written Declaration
    Trial by Written Declaration

    40902. (a) (1) The court , pursuant to this section, shall, by rule, provide that the defendant may elect to have a trial by written declaration upon any alleged infraction, as charged by the citing officer, involving a violation of this code or any local ordinance adopted pursuant to this code, other than an infraction cited pursuant to Article 2 (commencing with Section 23152) of Chapter 12 of Division 11.

    (2) The Judicial Council may adopt rules and forms governing trials by declaration in accordance with this section. Any rule or form adopted by the Judicial Council pursuant to this paragraph shall supersede any local rule of a court adopted pursuant to paragraph (1).

    (b) If the defendant elects to have a trial by written declaration, the defendant shall, at the time of submitting that declaration, submit bail in the amount established in the uniform traffic penalty schedule pursuant to Section 40310. If the defendant is found not guilty or if the charges are otherwise dismissed, the amount of the bail shall be promptly refunded to the defendant.

    (c) Notwithstanding Division 10 (commencing with Section 1200) of the Evidence Code, the rules governing trials by written declaration may provide for testimony and other relevant evidence to be introduced in the form of a notice to appear issued pursuant to Section 40500, a business record or receipt, a sworn declaration of the arresting officer, or a written statement or letter signed by the defendant.

    (d) If the defendant is dissatisfied with a decision of the court in a proceeding pursuant to this section, the defendant shall be granted a trial de novo.
    Amended Ch. 488, Stats. 1993. Effective January 1, 1994.
    Amended Sec. 1, Ch. 265, Stats. 1998. Effective January 1, 1999.
    ************************************************** ********

    Since you would get a trial de novo if you lost & did want to pursue it further then you could do it .. you have to post the fine amt. .... you are likely dead meat in the first hearing anyway with a 90 MPH ticket ... but why not go to court ?

  5. #5
    Join Date
    Aug 2010
    Posts
    2

    Default Re: Ticket Help!!!

    Quote Quoting EWYLTJ
    View Post
    You absolutely do have a right to a TBWD....
    Hi,

    Thanks for the reply. On the citation letter that I received from the court, it did not list a specific fine amount. It just stated that there was a mandatory court appearance.

    Does that not affect my eligibility for TBWD?

    Also, I was under the impression that I was to send in my check with my TBWD statement. If a specific fine is not listed, am I to presume that no check needs to be sent in? Or do I need to estimate to the best of my ability the amount of the fine and send that in?

    Thank you for your feedback. It seems like there is a little light at the end of the tunnel now.

    BTW, I did the vehicle code section 40902 which referred me to Article 2 of Chapter 12 of Division 11 of the California Vehicle Code for which infractions do not qualify of TBWD.

    Once I figure out the logistics of whether or not I need to include a check in the case of my TBWD (since there was no fine listed on the letter), would I still be eligible for traffic school in the event that my case is lost and I choose not to pursue a trial de novo? A friend of mine told me that I would not be eligible for traffic school if I went this route, so I thought I would ask here. Thanks again!

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