CVC 22349(A) Speeding Ticket

[NiteNurse]

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

Violation: VC22349(a) Speed Approx 80+, Max Spd 55, Safe 55

Location: The violation took place at approximately 7:45AM traveling southbound on the 710 freeway between Rosecrans to J/NO Alondra. (Approximately a 1 mile distance from exit to exit)

Background: While driving home on Saturday morning September 4th I proceeded to merge onto the 710 southbound at Imperial Hwy (One exit north bound of Rosecrans). Traffic was lite and moving in the 70 to 75mph range. I merge over to the #1 lane and match speed going 75 myself. After passing the Rosecrans exit I saw a police car in rear view mirror pretty far behind possibly 1/4 mile, I let off the gas and assume he is coming up quickly to pass and find excessive speeders. I noticed he was in the #4 lane as he got closer, merged over 3 lanes behind me and flashed the lights. By this time we are passing the Alondra exit and I proceed to merge over. I take the 91 freeway west bound and exit the first off ramp where I pull over to the side (I should have pulled totally off but figured this was safer than being on the side of the major part of the freeway). The usual, he asks why I was speeding and I told him I didn't think I was. He states I was going 86mph and I told him I'm pretty sure I wasn't driving that fast. He says the speed limit on this freeway is 55 and is posted everywhere. He asks where I work and I tell him I work nights as a RN. He then tells me I'll try to get you on you way as fast as possible so you can get some sleep. Fifteen minutes later he comes back to me to tell me my license is expired by 28 days and your car is going to be towed. I start freaking out, mostly concerned with 'what am I supposed to do', 'cant you let someone pick up my car.' He says I need to call someone to pick me up, so I start to dial and 1 minute into conversation a tow truck pulls up. He then starts to tell me to hurry up because the tow company is going to charge me extra for their time. Before I am asked to walk down the off ramp to safety I asked the officer if I can see the radar gun and he tells me No because he paced my speed.
FYI: the only violation on the ticket is speeding

I've already taken care of DL renewal and impound fees and now am fully focused on getting this speeding ticket dismissed. One critical piece of information is right after Rosecrans posted speeds sign states "End of 55 Limit" and another sign 100meters down the road has a 65mph speed limit and no other posted speed signs until after Alondra state the 55mph limit again. I have a nice little video of this with my iphone driving down the freeway but need to go back with a camera and take pictures.

I've done some researching on this site and found good information about requesting discovery, speed calibration logs, officer training with equipment, freeway speed surveys, Trial by Written Declaration but would like to see what other approaches I can take. I've read that I would have to wait till after a TBWD to ask for discovery, but then seen people use discovery evidence in there TBWD. How do I go about getting this information on time if there is not yet a court case? My initial appearance is set for 11/4/2010. Can I request a police report/statement from CHP already? Do I send requests to the DA or CHP? And how do I prove these requests were sent?

It would be nice to find calibration records were old or the officer lacks experience (he looked young) or didn't have proper/up to date training. Seems that if an officer is pacing they can over estimate, write it on a ticket and that is taken as 100% true unless he is discredited with not up to date training or calibration logs. I find it very frustrating.

Any and all help is welcomed. Thanks in advance, Jake

[That Guy]

freeway speed surveys

Speed surveys will do nothing for you in the way of providing you with a viable defense for driving in excess of a maximum speed limit.

I've read that I would have to wait till after a TBWD to ask for discovery

Not true... While an officer's declaration (which you can obtain AFTER a TBD case is adjudicated) can serve as a good substitute for several items that you can obtain through discovery, there are no restrictions with regard to you requesting discovery prior to filing a TBD.

How do I go about getting this information on time if there is not yet a court case?

Wait until the citation is filed in court and request your discovery afterwards.

Can I request a police report/statement from CHP already?

There are no "police reports" or "police statements" when it comes to a citation. You can request a copy of the "officer's notes" which they typically write on the back of their copy of the citation.

Do I send requests to the DA or CHP?

Personally, I would send copies to both, and file a copy with the court.

And how do I prove these requests were sent?

By attaching a proof of service form (I believe it is form POS-30) which you can find HERE, having someone mail the packet certified/return receipt requested and filing a copy of the same with the court.

It would be nice to find calibration records were old or the officer lacks experience (he looked young) or didn't have proper/up to date training.

Highly doubtful, but worth the try, I guess.

Seems that if an officer is pacing they can over estimate, write it on a ticket and that is taken as 100% true unless he is discredited with not up to date training or calibration logs. I find it very frustrating.

Frustrating, and yet it is a valid method for estimating speed. Especially in cases where you were allegedly paced at 86+mph... In other words, and even with a slight error and/or the possibility of a "less an accurate estimate", it would be difficult to establish the you were not traveling in excess of the maximum limit.

And even with the flow of traffic at 70 or 75... With you being in the left most lane, and presumably being the fastest vehicle there at the time, you're simply "asking for it"...

Let me also add that the officer is not required to show you the Radar reading, even if he had one.

But more importantly, I am surprised that your vehicle was towed due to your having a license that had only been expired 28 days prior. VC section 14607.6 does permit (or should I say "prohibits") the impound in cases where the license had expired 30 or more days from the date of the stop (see sub-paragraph (c)(2)). That is unless you license was either on hold or suspended, rather than just expired, or unless some of the other conditions listed either in 14607.6 or elsewhere under the vehicle code.

With that being said, and while you may have had a valid argument that your vehicle should NOT have been towed/impounded, that, by no means, will present you with a plausible defense with regards to the speeding violation. Two separate and independent matters even though they may have been issued on the same citation.

[NiteNurse]

ThatGuy: Thank you for a quick reply to my questions. I appreciate all expertise on the subject, especially with the tow/impound information. I've had several people tell me that I had 30 days after license expired but found no information prior to your post, I'll look into that matter as well.

Frustrating, and yet it is a valid method for estimating speed. Especially in cases where you were allegedly paced at 86+mph... In other words, and even with a slight error and/or the possibility of a "less an accurate estimate", it would be difficult to establish the you were not traveling in excess of the maximum limit.

Just to clarify, the officer Verbally said I was driving 86mph and wrote 80+ on the ticket. Unless he puts this in his notes then the original statement of 86mph shouldn't be an issue, correct? And if I establish proof that the posted speed limit at the time of the pace was 65mph then at the very least my citation fee should be reduced from a 25+mph over the limit to 15mph or less given reasonable human error of 5mph. I believe at the very least I can save myself some money. Is this a valid argument?

Thanks again, Jake

[That Guy]

Just to clarify, the officer Verbally said I was driving 86mph and wrote 80+ on the ticket. Unless he puts this in his notes then the original statement of 86mph shouldn't be an issue, correct?

Correct... Unless he wrote it in his notes (which may suggest that he may include it in his declaration or mention it as part of his testimony in court) then it is a non issue... Even if he does mention it, the citation was issued with your speed as 80mph and you fine will be based upon that number.

And if I establish proof that the posted speed limit at the time of the pace was 65mph then at the very least my citation fee should be reduced from a 25+mph over the limit to 15mph or less given reasonable human error of 5mph. I believe at the very least I can save myself some money. Is this a valid argument?

Sure... You can also use the language in 22349(a) to solidify that argument in that the VC section charges you with exceeding the 65mph maximum limit (see below) and therefore, (if you are found guilty of 22349(a)) your fine should be based on the 65mph limit specified in the statute.

22349(a) Except as provided in Section 22356, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour.

The fine for 1 to 15 over the limit should be approximately $211 whereas it would be $331 for 16 to 25mph over the limit. Worth the try...