My question involves traffic court in the State of: California
I've been reading these forums extensively since I received my ticket and would love some opinions if I have a case for fighting this ticket. I really appreciate the time and effort the members put in to this community. It's definitely a wealth of knowledge.
-Cited for 54 in a 40, VC-22350 Unsafe Speed on 11/21/2011 @ 9:08AM as I was coming down an overpass.
-Motorcycle officers were parked on the sidewalk under a tree using Lidar at point B on this map.
-Point A to point B on the map is an overpass that has entrances & exits to Highway 101 and Monterey Hwy and crests right around the point where the overpass crosses over Monterey Rd (Hwy 82 on map).
-Here is a copy of the officer's response to my TBD and the survey he attached to it
My Thoughts/Questions, which may or may not be relevant!
-The speed survey map shows the "Speed Shot Locations" marked by the circled X's. Does this mean the speed survey was taken in between these two points? The stretch of road where I was traveling is physically and geographically impossible to survey speeds from the locations marked by the X's. However, I could be completely mistaken as to how the surveys are conducted to fully know this (I'm just picturing either a machine/tool or person positioned at those locations recording the information).
-The stretch of road where it appears the majority of the data is derived for the speed survey is not the stretch of road where I was LIDAR'd. The amount of traffic and speed delta is much different as there is an increase of stop lights and traffic compared to the stretch of road I was coming from.
-The last paragraph of his statement in the TBD points out that there are "several arterial streets where vehicles enter and exit on to the roadway" which is true, but not for the stretch of road I was traveling. There are no points of entrance or exit from the top of the overpass where I was LIDAR'd up to the point where the officer was located. Also, he is incorrect in his estimated distance to the high school. Not sure if this is relevant, but the high school is a little over half a mile from his location, more than twice the distance that he states in the TBD.
In regards to the VC itself:
-The day was crystal clear
-The week was the week of Thanksgiving. Roads were empty- empty enough for the officer to physically step out in to the roadway to signal me over.
-There were no immediate person's or properties around as this was an overpass with exits/entrances to highways.
-If I am offered Traffic School at the beginning of the TDN, can I still reserve the traffic school option even if I decide to fight the ticket and am found guilty?
-If the officer doesn't appear for trial, can I simply ask to have the case dismissed or do I have to use some legal term like "objection" or "motion to dismiss"? Can the judge technically reschedule my trial date if the officer doesn't appear?
-Finally, based on what I have posted, am I, in your opinions, better off just taking traffic school if offered during the beginning of the trial?
Thanks for taking the time to read and I appreciate any help!