Impeding Traffic Ticket, California VC 22400

**That Guy** · 07-17-2012, 06:39 PM

Quoting TrafficTicketSolution

Hello:

The officer could testify to your speed from his memory. He wouldn't necessarily need to have written it down on the traffic ticket. However, the fact that the officer DID NOT write your speed down, makes his testimony less reliable. It shows the officer's lack of ability to show attention to detail, which also casts doubt on his testimony.

Speed can play a factor in a number of different traffic violations but it neither needs to be listed, mentioned nor discussed. One example is: Reckless driving. while speed can play a major part in whether I'm being reckless or not -in fact its described in the bail schedule as "exhibition of speed"- I could conceivably be driving at a safe speed and yet swerving, following too close, driving on the wrong side of the road... etc. A combination of any of those can be considered reckless.

Another good example is running a red light... I could run a red light at 15 mph, and that'll get me a 21453, or I can run the light at 50mph and that to will get me the same 21453; the officer can make note and make mention of my speed but as long as he's able to articulate that I entered the intersection while facing a red light, he's met the burden of proving my guilt.

In this case, the element that requires proof is whether the defendant was driving in a manner that impeded traffic around him? Clearly, even by his own description, he was. Being thick headed has zero impact on your guilt or innocence.

As far as reliability, credibility, believability... Whatever you take away from the officer, you aren't adding to the defendant...

So the officer starts out with 90% and loses 30%, whereas the defendant starts with 25% and ends up with 25%.

**lostintime** · 07-17-2012, 09:03 PM

Baseline "That Guy".

Essentially the officer can declare whatever he'd like, and that's the final word. After all, officers are not human and are near deities!

**boo** · 07-21-2012, 12:03 PM

what should I do

I don't think i'll do a TBD.

I plan to attend the arraignment and plead not guilty. Request for trial.

i dont think there is no way the officer can prove anything unless he show me some proof of him using his radar gun at me while driving