My question involves a speeding ticket from the State of: California
I need a little help with the trial by written declaration I'm writing. What else should I add to it or should I remove from it? Should I request laser maintenance information too? How about a written statement from my brother who was in the vehicle with me? Here is what I have so far, Thanks!
On October 1, 2010, my brother and I were heading back home from a trip to Reno. We were traveling west bound on highway 80 in the number 1 lane. The weather was bright and sunny with no rain. We were in no rush at all, so I was cruising at 65 mph. A silver 4 door Audi was coming up behind us probably around 75-80 mph so I pulled over to the number 2 lane to let him pass. After he passed us, I moved back over to the number one lane and continued cruising at 65mph. Around the next bend on the freeway, I noticed that there was a police car parked under an overpass with its door open. The police officer was leaning out of his car with his radar equipment. I continued traveling at the same speed I had been going but I noticed the silver Audi that had passed me a minute or so before had not slowed down. It was about the instant that the Audi was side to side with the police officer that the driver of the Audi noticed the officer and stepped on his brakes suddenly. However, he only momentarily slowed down then accelerated back to his previous speed. The officer quickly closed his door to his vehicle and began to pursue the Audi. I was near a group of other vehicles traveling all around the same speed as me. There were two suv's and a large semi truck behind me in close proximity. While the officer tried to merge on to the freeway from the shoulder he was obstructed mainly by the semi truck but also the suv's in the number 2 lane. The officer lost sight of the Audi for about a minute due to this. I was slightly ahead of these vehicles and I noticed the officer was having difficulties merging. I decided to merge over to the number two lane since I knew the officer was trying to merge over to the number 1 lane to catch up to the Audi that passed me. By this time the Audi was about 3/4th of a mile to 1 mile ahead of me and the officer was quite a bit behind due to not being able to merge onto the freeway. The officer finally made it to the number one lane and accelerated to a high rate of speed to make up for lost time. He caught up to me and paced me for around 30 seconds. I was going the same speed I had been traveling at for several hours now (65mph). I noticed he was looking at my car, then looking forward at the Audi still visible in the distance. He looked back and forth at our two vehicles several times. The vehicle I was driving was a silver 4 door Lexus that unfortunately looked very similar to the Audi that was speeding. The officer then mistook my car for the Audi, braked and pulled behind me to pull me over around the Gold Run area on Highway 80. I pulled over to the side of the road and waited for the officer to approach. He came up to my vehicle and asked me if I was in a rush. I said, "no officer, I am in no rush at all." He informed me that he caught me going 82mph in a 65mph zone with his laser equipment. I however, told him in the most respectful way I could that I believe he mistook me for the Audi that was speeding in front of me. Officer (name and number) then told me "I saw you the whole time" when in fact he was stuck behind the semi truck and suv's that with out a doubt blocked his vision for quite some time. I stayed quiet and he then asked for my drivers license. He told me to drive up to the next off ramp and meet him there. When I drove to the next off ramp I noticed other officers waiting there. Officer #2 (name and number) approached my vehicle and asked how I was doing. I replied, "not too good anymore" and we both laughed. I then proceeded to tell Officer #2 (name) the same story I described above. Officer #2 (name) then wrote me the citation for 75mph in a 65mph zone giving me a break. I then asked politely if I could see the Laser reading. Officer #1 (name) informed me that he did not have me locked in, but showed me the speed of 81mph and 79mph on his Laser gun, none of which displayed the 82mph speed that he told both Officer #2 (name) and I. I then told Officer #1 (name) what I believed happened. Officer #1 (name) then asked, "how fast were you going then." I responded with 65mph. After we spoke, he agreed that he was in fact blocked by the semi truck and vehicles in the slow lane for quite some time. This confirmed that his vision was in fact blocked for enough time to confuse the silver 4 door Audi with my silver 4 door Lexus.