My question involves traffic court in the State of: California!
Went to Trial de Novo on December 14th and was handed down a guilty verdict for VC 22350 despite evidence(and law) showing otherwise. This entire case is turning into a three-ring circus. But I'll just share the relevant points.
During trial, officer admitted that at no time did I pose a danger to people or property, and that driving conditions were excellent. (45 in a 30) The judge put forth his own opinion of driving conditions on that particular stretch of highway regardless of evidence presented, and he refused to consider the possibility that said ticket is the product of a speed trap. Informal discovery yielded a engineering report, but it turns out at trial that I didn't get the full file there either.
Critical Speed: 38
Accident rate: higher than normal.
Reason to lower: none stated directly on survey, but crosswalks, fire station, etc. are drawn onto map. Addendum attached has a stated accident rate for going below the standard 55mph limit, but I'm not sure if it's admissible. HELP!
So now I'm trying to file an appeal. My problems:
1. Court reporter is refusing to grant me a transcript of my own trial. Says only appellate court can do that/I can't have a copy and be in the process of filing an appeal. I called the appellate court to straighten it out, but I'm not sure its going to go through. Also, if I receiving a copy-will it automatically be certified? I'm assuming that when I send it in it does need to be certified correct.
2. Writing the proposed statement. There's a section at the end of Reasons For Your Appeal where it asks how a trial error harmed you. I don't quite know what to put there. For example, deliberately ignoring the written law-it sort of speaks for itself.