Re: Writing a Good Trial by Written Declaration for CVC 22349(A)
I am not aware of any "procedures" that I can direct you to. My statement was based on my limited knowledge of the P.O.S.T. training and certification requirements, AND the numerous times I have heard officers testify in court.
Well, you should also keep in mind that while the officer's claim is that he measured you at 82, you were cited you for 75 in 65... So the 82mph, 81mph and 79mph readings are not relevant per se.
In other words, you were cited for driving in excess of the maximum 65mph speed. And as long as the officer can prove that your speed was in excess of that limit (theoretically, even if it is by 1 mph) then he has essentially met the required burden to prove your guilt. The particular speed that you maybe convicted of goes to determine the fine amount that you would pay upon a finding of guilt. (the fine for 1mph to 15mph over the limit = approx $220 whereas the fine for 16mph to 25mph over the limit = approx $330). So the way I see it, and by citing you for 75mph instead of the alleged 82mph, the officer offered you a break that can potentially save you $110 or so, if you are found guilty!
Being aware of one's surroundings (glancing at one's mirrors, glancing to one's side... etc) is quite a different matter from making the claim (a mere "guess") that you knew what the officer was thinking/doing at the time (over a 30 second period, possibly longer) and where HE was looking "several times"... For all we know, he could have been running your plates during that 30 or so seconds!!!
Furthermore, (let's speculate some more)... You stated that the "Audi" only slowed down momentarily... And then sped back up... You also stated that the Audi was "still visible" while you watched the officer look back and forth at you and at the Audi... Considering the fact that you and the officer were traveling at approx 65mph at the time, it can be easily determined that the Audi was traveling at a higher rate of speed as he "pulled away"... So if he was looking back and forth, why would the officer not pursue the Audi and instead, pull you over???
At any rate, you asked for an analysis of your declaration and I offered you my opinion on one part that sounded speculative. You're free to leave that in there if you so choose!
[QUOTE=forevralegend;478226]So the first thing I should do is request both of the officers notes through a discovery request, then turn in the written declaration?/QUOTE]
Rather than requesting "both officers' notes", I would request "a list of witnesses who maybe called to testify" AND "any and all relevant notes"...(etc)... and see what you get.
Based on what you've posted, that is, as I see it, the only viable argument that you have in this case (everything else is, in my opinion, "fluff"). So why not bring up the hearsay issue during both?
I'm not sure how the holidays have much to do with how your case proceeds. Serve you discovery request, review the info you receive, and proceed accordingly! By the time you get to that point, the holidays will be history!
I am right 97% of the time... Who cares about the other 4%!