Can I Delay a Court Date for Time to Collect More Information

[JJ21]

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

I come from Hong Kong and visited US on Jan 2011. I was caught by the Freeway Control when I was drving from LA to Yosemite (I-5) on 11 Jan 2011 and I just received letter yesterday (17 Feb 2011) to ask me present on the court on or before 24 Feb 2011. I am planning to request for trial by written declaration and would like to collect information from the police concerning the radar/maintenance of radar etc.. As a result, it makes me totally difficult to do what I want to do.

In this scenario, can i ask the court to delay the court date so i can collect more information and what I can do now? (For information, i am not able to present on the court because i will not travel to US in the near future)

[That Guy]

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

I come from Hong Kong and visited US on Jan 2011. I was caught by the Freeway Control when I was drving from LA to Yosemite (I-5) on 11 Jan 2011 and I just received letter yesterday (17 Feb 2011) to ask me present on the court on or before 24 Feb 2011. I am planning to request for trial by written declaration and would like to collect information from the police concerning the radar/maintenance of radar etc.. As a result, it makes me totally difficult to do what I want to do.

In this scenario, can i ask the court to delay the court date so i can collect more information and what I can do now? (For information, i am not able to present on the court because i will not travel to US in the near future)

What code section were you cited, what was the speed limit and what was your estimated speed?

Typically, and assuming you do not have a "mandatory court appearance", you can go to the court's website (search for your particular court here) , and request an automatic 60 day extension. After that, you may be able to get a 30 day extension but you would have to physically appear in court to get it.

[JJ21]

What code section were you cited, what was the speed limit and what was your estimated speed?

Typically, and assuming you do not have a "mandatory court appearance", you can go to the court's website (search for your particular court here) , and request an automatic 60 day extension. After that, you may be able to get a 30 day extension but you would have to physically appear in court to get it.

Thanks for your answer, I have to check it out tonight
If i can extend 60 days, do I need to physically appear in the court or I can still do it through written declaration?
another question is that some websites recommended that we should ask police (and c.c. to the court) for further information relating to my case. So, how can i do that? Because i come from Hong Kong, so i do not familiar with your system, can you offer some advise?

[That Guy]

Thanks for your answer, I have to check it out tonight
If i can extend 60 days, do I need to physically appear in the court or I can still do it through written declaration?

The answer to that question is dependent upon your answers to these questions:
What code section were you cited, what was the speed limit and what was your estimated speed?

I'm trying to establish whether you have a "mandatory court appearance" or whether you can simply enter a plea through the mail by requesting a trial By Declaration!

[JJ21]

The answer to that question is dependent upon your answers to these questions:
What code section were you cited, what was the speed limit and what was your estimated speed?

I'm trying to establish whether you have a "mandatory court appearance" or whether you can simply enter a plea through the mail by requesting a trial By Declaration!

I have 2 codes that being cited, but i am not at home so i cannot check. The wording is sth like this:-
1. driving more than 100 miles in the freeway; and
2. Fail to stop at the right side of the freeway when the police ask to do so

[That Guy]

1. driving more than 100 miles in the freeway; and....

^THIS^ is precisely what I was getting at... I can safely assume that the code section associated with that type of citation is VC 22348(b). Most, if not all traffic courts in California require a Mandatory Court Appearance for such a citation. I can only assume that the courtesy notice you received from the court makes specific mention of that requirement.

So... You will be able to obtain that 60 day automatic extension by going to the court's website (or by calling the court's phone number (which you'll either find on your citation or online))... But you will be required to appear in court once the 60 day period is up.

[JJ21]

The answer to that question is dependent upon your answers to these questions:
What code section were you cited, what was the speed limit and what was your estimated speed?

I'm trying to establish whether you have a "mandatory court appearance" or whether you can simply enter a plea through the mail by requesting a trial By Declaration!

As I am not going to be in the court no matter how many days extended, that means i have to submit the form TR 205 on or before 24 Feb 2010 if I want to have a written declaration?

BTW, I have just remembered the court is Kern

[That Guy]

As I am not going to be in the court no matter how many days extended, that means i have to submit the form TR 205 on or before 24 Feb 2010 if I want to have a written declaration?

BTW, I have just remembered the court is Kern

Since you were cited for 22348(b) (or even 22349(a) with 30+mph over the limit) you will likely have a mandatory court appearance. So you will NOT be able to request a TBD until AFTER you appear in court.

You can contact the court (either over the phone or in writing) to tell them that you are no longer in the country and see what options they can offer you. To be honest, I expect the answer to be "you have a mandatory court appearance, there is nothing we can do to help you unless/until you can appear in court"...

The only other option that you would then have, would be to hire an attorney who is local to the court where you are scheduled to appear (in Kern County). He can appear on your behalf and hopefully, resolve the matter accordingly!

[JJ21]

Since you were cited for 22348(b) (or even 22349(a) with 30+mph over the limit) you will likely have a mandatory court appearance. So you will NOT be able to request a TBD until AFTER you appear in court.

You can contact the court (either over the phone or in writing) to tell them that you are no longer in the country and see what options they can offer you. To be honest, I expect the answer to be "you have a mandatory court appearance, there is nothing we can do to help you unless/until you can appear in court"...

The only other option that you would then have, would be to hire an attorney who is local to the court where you are scheduled to appear (in Kern County). He can appear on your behalf and hopefully, resolve the matter accordingly!

22348(b) and 21806(a)
what do "#1 LN @ 1593" mean?
and is there any implication of lidar unit "TS000549"?Should I write a letter to check if the lidar unit is work at that time?

[That Guy]

what do "#1 LN @ 1593" mean?

It means you were in the lane closest to the center divider (farthest lane to the left), and at a distance of 1593 feet (') when the officer clocked your speed.

and is there any implication of lidar unit "TS000549"?

That's probably the serial number of the unit used to measure your speed.

Should I write a letter to check if the lidar unit is work at that time?

Sure you can... You can serve/file an "informal discovery request" asking for the calibration records for the LIDAR unit. (Google "California informal discovery request" for more information on how to proceed).

However, and since it seems that you will not be able to appear in court for your MANDATORY COURT APPEARANCE to enter a plea and request a TBD, you won't have the opportunity to dispute the validity of the LIDAR reading... EVEN IF it wasn't working properly (which is highly unlikely).

I cannot stress this enough so let me elaborate: You have a MANDATORY COURT APPEARANCE, which means you MUST do one of the following:
1. Personally appear in court on the date shown on your citation to enter a plea at which time you can request a TBD.
2. Request an extension (which will typically be a 60 day extension) then personally appear in court on the extension date to enter a plea at which time you can request a TBD.
3. Hire an attorney who will appear in court on your behalf on the date show on your citation at which time he can request a TBD for you.
4. Request an extension (which will typically be a 60 day extension) then hire an attorney to appear in court on the extension date to enter a plea on your behalf at which time he can request a TBD for you.