My question involves a speeding ticket from the State of: California
Labor Day weekend, US 101 N, Marin County, LIDAR trap @1000 feet. Ofc cited for 22349(a) (80/65) and 16028(a) (covered, but insurance card had expired the previous week). I deliberately got my mid-October appearance date continued 30 days (phone call) so I could hit them with the TBD request just before the Thanksgiving holiday.
I wrote up a long defense based on potential mis-identification of my car (wrong color entered on citation, and I had been passed by a "wrong color" car of same make/model) and confusion about which lane I was driving in (ticket says #2, but I was in the right lane of five). I also realized that there must have been two officers involved since the reading was taken from an overpass while the chase car was parked along an access road 1/4 mile downstream. I asked for the case to be thrown out if the citing ofc did not directly observe the violation and the "invisible partner" failed to submit a supporting statement.
I mailed my declaration the week before Christmas. Just today I got a 1-page "decision and notice of decision" from the court dismissing both charges and promising a full refund within 90 days. Yay!
Naturally I'm happy about this--almost too happy. It just feels good to beat the system every now and then.But I am curious HOW I won, especially as LIDAR and 22349(a) are supposed to be tough to defend. I suppose the officer just failed to submit paperwork, particularly since I made it harder for him by choosing the hectic holiday season as my battleground.
Any way I can tell for sure? Should there be any difference in the decision form if you win on the merits vs by default? They checked the 'dismiss' box rather than the 'not guilty' box, but I have no idea if that means anything...and there are no other notations on the form.



But I am curious HOW I won, especially as LIDAR and 22349(a) are supposed to be tough to defend. I suppose the officer just failed to submit paperwork, particularly since I made it harder for him by choosing the hectic holiday season as my battleground. 



Bookmarks