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  1. #1

    Cool Basic Speed Ticket 22350 In Orange County

    I received a ticket in December and have requested an extension for a new trial date of April 7, 2008.

    I was cited for going 39 in a 25 mph zone by radar. This was a wide residential street.

    On the citation the officer wrote under location of incident: Street A North to Street B. The problem with is is that Street B does not intersect with Street A.

    I plan on preparing a Trial by Written Declaration and including multiple defenses such as I cannot be guilty due the fact that the location does not exist.

    I will also include that I was not driving at a speed which endangers the safety of persons or property.

    I have been doing some research and I think that since the officer used radar, he will have to include the traffic survey in his declaration. Is that correct? Will there be a traffic survey on a local residential road?

    Also, I did not have my proof of insurance with me so the officer cited me for 16028(a). I went to the court clerk yesterday to show proof of my insurance and everything was going great until I asked a question about Trial by Written Declaration and that I was thinking about doing it and she would not take care of my proof of insurance. It is my understanding that she should have charged me the $10 and taken my proof of insurance. She said that it has to be done all at once. The officer also checked the no box for correctable violation for each. Is that right? From what I can tell from my insurance, the proof of financial responsibility is correctable. Am I incorrect?

    Any advice or information you can give me would be greatly appreciated.

  2. #2
    Join Date
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    Default Re: Basic Speed Ticket 22350 In Orange County

    Quote Quoting cadriver38
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    I will also include that I was not driving at a speed which endangers the safety of persons or property.
    22350 is also the section used for the basic speed law - for violating the posted limit. So traveling at an otherwise "unsafe" speed is not necessary as an element.

    I have been doing some research and I think that since the officer used radar, he will have to include the traffic survey in his declaration. Is that correct? Will there be a traffic survey on a local residential road?
    Depending on the size of the road, no survey may be necessary.

    The officer also checked the no box for correctable violation for each. Is that right? From what I can tell from my insurance, the proof of financial responsibility is correctable. Am I incorrect?
    This box can only be checked in another officer or DMV employee can correct the violation. 16028(a) can NOT be corrected by anyone but the clerk of the court or the court.


    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  3. #3

    Default Re: Basic Speed Ticket 22350 In Orange County

    Thank you for the information, what about the defense that the address does not exist? Do you think that will matter?

  4. #4
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    California
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    Default Re: Basic Speed Ticket 22350 In Orange County

    Quote Quoting cadriver38
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    Thank you for the information, what about the defense that the address does not exist? Do you think that will matter?
    Yes, it will matter. Unless properly amended prior to trial or the TBWD, the location will likely cause a ruling in your favor as the location of the offense cannot be adequately determined. However, if this street is only one or two blocks long, then the court might decide that the intersection is irrelevant as the size and speed limit would be the same ... doubtful, but anything can be possible in a traffic court.

    I'd run with the street info as part of the defense. It can't hurt.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  5. #5

    Default Re: Basic Speed Ticket 22350 In Orange County

    Quote Quoting cdwjava
    View Post
    22350 is also the section used for the basic speed law - for violating the posted limit. So traveling at an otherwise "unsafe" speed is not necessary as an element.


    Depending on the size of the road, no survey may be necessary.


    This box can only be checked in another officer or DMV employee can correct the violation. 16028(a) can NOT be corrected by anyone but the clerk of the court or the court.


    - Carl
    That is true, but it is still correctable and on the back of the ticket under correctable violations it gives the procedure for correcting violation of Vehicle Code Section 16028 (automobile liability insurance). It is written under What to Do 1.c.

  6. #6

    Default Re: Basic Speed Ticket 22350 In Orange County

    As a side note, I went to the clerk of the court, showed her my proof of insurance and when I mentioned that I was considering doing the TBWD she gave me back my proof of insurance and would not accept it.

  7. #7
    Join Date
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    California
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    Default Re: Basic Speed Ticket 22350 In Orange County

    Quote Quoting cadriver38
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    As a side note, I went to the clerk of the court, showed her my proof of insurance and when I mentioned that I was considering doing the TBWD she gave me back my proof of insurance and would not accept it.
    Not sure why ... it might be that they handle the whole matter as one unit and not piecemeal. I don't know why they would have to do that because these partial "fix it" violation happen all the time. It may be a court policy, or a misunderstanding on the part of the clerk. Just be sure to provide that information to the court when you submit your TBWD or go to trial.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  8. #8

    Default Re: Basic Speed Ticket 22350 In Orange County

    What is the best, easiest way to find out the width of a road? Do I go to the City Planning Department to get a map?

  9. #9

    Default Re: Basic Speed Ticket 22350 In Orange County

    I may go back to the clerk and try to submit the proof of insurance and not mention the TBDW and just keep my mouth shut and see if she will accept it.

  10. #10
    Join Date
    Sep 2005
    Location
    California
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    Default Re: Basic Speed Ticket 22350 In Orange County

    Quote Quoting cadriver38
    View Post
    What is the best, easiest way to find out the width of a road? Do I go to the City Planning Department to get a map?
    They should have that information or know what agency in the city does.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

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