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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 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

  3. #3
    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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