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  1. #1
    Join Date
    May 2012
    Posts
    1

    Question How to Handle a Trial by Written Declaration for a Radar Speeding Ticket

    My question involves a traffic ticket from the state of: CA

    I was pulled over doing 79 in a 55. Officer claims to have clocked me at 65 after turning around as well. I was cited for 22349(b)vc. He clocked me while traveling in the opposite direction.

    1.) Is there a sample letter that I can use to request a trial by written declaration? When I request a TBWD, I send my bail amount with it correct?? (and I find out the bail amount by calling the court??)

    2.) Once I have requested my trial by written declaration, I will need to fill out a TR205. Is there anything else I will need to complete?

    3.) I am hoping to request radar calibration, speedometer calibration, officer training certificate (is there any other information that i should request?) and hope that they do not have that information on file/and or don't provide it to me, and i can request a dismissal.

    4.) Do i request that information in my statement of facts? I am confused as to the process of requesting that info!

    I appreciate all the time and energy that anyone puts into their responses for me. Thank you all. Please let me know if there is any information that I am not including that would help you better advice me with my situation.

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,175

    Default Re: 78 in a 55 Shot with Radar. Help with Trial by Written Declaration

    Quote Quoting arip609
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    I was pulled over doing 79 in a 55. Officer claims to have clocked me at 65 after turning around as well.
    Copying from your citation, what is in the box "Location of Violation"? I'm assuming this was on a 2 lane undivided highway (meaning one lane in each direction -center lanes/passing lanes do not count - and no median or concrete divider in between).

    Quote Quoting arip609
    View Post
    Officer claims to have clocked me at 65 after turning around as well.
    So you saw him, you slowed down to 65. Still 10mph in excess of the maximum limit, and still would not negate the 79 mph reading.

    Quote Quoting arip609
    View Post
    He clocked me while traveling in the opposite direction.
    Which leads me to believe he used Radar and under acceptable conditions.

    Quote Quoting arip609
    View Post
    1.) Is there a sample letter that I can use to request a trial by written declaration? When I request a TBWD, I send my bail amount with it correct?? (and I find out the bail amount by calling the court??)
    No, you find out the fine amount by waiting for your courtesy notice from the court. Your request for TBD would follow your receipt of the courtesy notice and would include the portion of that letter that the instructions tell you to use.

    Quote Quoting arip609
    View Post
    2.) Once I have requested my trial by written declaration, I will need to fill out a TR205. Is there anything else I will need to complete?
    Once you requested a TBD you will wait for forms TR-205 to arrive in the mail from the court.

    Quote Quoting arip609
    View Post
    3.) I am hoping to request radar calibration, speedometer calibration, officer training certificate (is there any other information that i should request?) and hope that they do not have that information on file/and or don't provide it to me, and i can request a dismissal.
    Sorry to be the one to dash your hopes but their failure to provide you with information under discovery or their failure to present evidence of calibration is not a way to get a dismissal. It hasn't worked for years and it is not likely to work today. The following opinion was offered regarding a speedometer pace case but generally, and considering the fact that the CHP has a policy of calibrating its equipment on a regular basis, it would apply to Radar as well:



    From People v. Lowe, 130 Cal. Rptr. 2d 249 - Cal: Appellate Div., Superior 2002
    Lacking California case authority on point, we are persuaded by the view of our sister states that speedometer readings may be introduced into evidence even without proof of the instrument's accuracy. The fact finder is then free to consider the lack of such proof in determining how much weight to afford the reading.

    In light of the foregoing, we proceed to search the record for evidence supporting the conviction. Officer Lopez testified without objection that his speedometer showed appellant was traveling at 85 mph. He also testified the CHP periodically calibrates speedometers. Appellant offered no evidence showing, or even suggesting, that officer's speedometer was inaccurate. That instrument showed appellant moving at 15 mph over the maximum speed limit of 70. The court, as fact finder, was entitled to evaluate the likelihood that a speedometer in an official CHP vehicle would be inaccurate by such a large amount; evaluate the weight of the officer's testimony as to the speedometer reading in light of the lack of calibration results; and decide whether appellant was speeding. It did so and was convinced beyond a reasonable doubt appellant was guilty. We are bound by its factual determination.

    If that is your only defense, then you might as well call it right now and simply take traffic school (if eligible).

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