Challenge Officers Powers Of Observation?

**spajama** · 02-27-2008, 08:22 AM

I received a ticket in Alameda County California. At the Alameda County border, the speed zone on a rural road drops from 55 to 45MPH at a blind corner. Motor officers were posted just around the corner and pointed me to pull over to the side along with several others. I was issued 22350 Speed ticket for doing 56 in a 45 zone.

On my ticket, the officer wrote down my license type as a Class "C" when I actually have a Class "C M1" for motorcycle. Also the officer wrote that I showed evidence of financial responsibilty when I had none to provide.

Is this worth challenging via Trial by Declaration?

Thanks!

**lwpat** · 02-27-2008, 09:19 AM

You can show for court and see if the officer that wrote the ticket and the officer operating the radar both show. If not you can request a dismissal. Getting a continuance might increase your chances. Otherwise take the traffic school.

The other issues have nothing to do with the violation.

**EWYLTJ** · 02-27-2008, 11:58 AM

It absolutely is worth challenging. You should do a search for 22350 and see some of the threads. There is a lot of good advice. This is one of the easiest offenses to beat. It shouldn't be hard.

While you are searching... call CALTRANS and get a copy of the speed survey for that section of road. Once you get it, you should come back here to discuss what it says.

**spajama** · 02-27-2008, 12:09 PM

This is a County Road. Will CALTRANS hold the Engineering and Traffic Survey or would it be Alameda County?

**EWYLTJ** · 02-27-2008, 05:07 PM

Call both.

**cdwjava** · 02-27-2008, 07:24 PM

Quoting spajama

This is a County Road. Will CALTRANS hold the Engineering and Traffic Survey or would it be Alameda County?

Cal-Trans will not be doing speed surveys of County maintained roadways. Try calling the county's Roads Department first.

- Carl

**sniper** · 02-27-2008, 07:01 PM

Quoting spajama

On my ticket, the officer wrote down my license type as a Class "C" when I actually have a Class "C M1" for motorcycle. Also the officer wrote that I showed evidence of financial responsibilty when I had none to provide.

Were you riding a motorcycle? Even so, it dosen't matter.

The financial responsibility thing that he said you had but you didnt...he used discretion..ie, cut you a break.