Blank Boxes On Speeding Ticket In California

[SanDiegoSpeeder]

My question involves a speeding ticket from the State of: California

I recieved a speeding ticket that I plan on contesting by a Trial by Declaration (TBD).

The officer said that I was going 83mph in a 65mph. He never stated how he came up with that speed; whether it was by pacing me in his patrol car or by radar. I just looked at my citation and a few boxes were left blank. Can this work in my favor in my TBD?

My citation lists the following...

Location of Violation - Correct
Approx Speed - Questioning
Max Speed - 65 (true)
Veh. Lmt. - BLANK *What is this???
Safe- BLANK *What is this???
Special- BLANK *What is this??
Beat- a number entered
Area - a number entered
Perm. Area- Blank *What is this?
****the big question**** Radar Unit /Patrol Vehicle No. - BLANK!! Can I fight this in some way by saying that they have no documented way of estimating my speed? How am I supposed to create a fair defense if information of how they 'got' me is missing?

Also, there was a woman in the front seat of the cruiser (I am assuming another cop), she did not get out of the car, but I am not sure if she actually had any involvement in pulling me over, i.e. the one who was using the radar detector (if there actually was one). Can I use her presence at the scene as a reason to get the case dismissed due to lack of a witness, because I am pretty sure they wont contact her for her side of the story?

I am not a lawyer (obviously), but it seems as though I could use some of this as evidence, or lack of proof that I was not 'without a doubt' speeding.

Thank you for your help!!

[Mr. Knowitall]

I'll defer to our resident ticket gurus on the various spaces on your ticket, if they wish to chime in.

What's the specific offense cited on your ticket - give us the statute number under the California Vehicle Code.

[SanDiegoSpeeder]

The violation is 22349(a)vc - Speeding

[cdwjava]

CVC 22349 (a) Except as provided in Section 22356, no person may drive
a vehicle upon a highway at a speed greater than 65 miles per hour

My citation lists the following...

Location of Violation - Correct
Approx Speed - Questioning
Max Speed - 65 (true)
Veh. Lmt. - BLANK *What is this???
Safe- BLANK *What is this???
Special- BLANK *What is this??
Beat- a number entered
Area - a number entered
Perm. Area- Blank *What is this?

SAFE would be the estimated "Safe" speed ... "Special" would be for special conditions present ... "Perm. Area" would be the CHP officer's permanent assigned area, as i recall - sometimes they work special details out of the area and this helps the CHP direct the subpoena to the appropriate office.

****the big question**** Radar Unit /Patrol Vehicle No. - BLANK!! Can I fight this in some way by saying that they have no documented way of estimating my speed?

Request the officer's notes and any and all records for the device or vehicle speedometer maintenance and calibration via discovery. This should obtain some information on the device or equipment used. Note that they can use visual estimation and even pacing to estimate your speed.

Can I use her presence at the scene as a reason to get the case dismissed due to lack of a witness, because I am pretty sure they wont contact her for her side of the story?

No, they won't dismiss it because she is not present. You can always request that her identity be revealed, but she may not be relevant at all.


- Carl

[sniper]

Veh. Lmt. - BLANK *What is this???

Applies to vehicles pulling trailers, their max speed (or vehicle limit) is 55mph. Does not apply to you.

Safe- BLANK *What is this???

Rain or fog may be some reasons the officer can determine a new safe speed. 65 mph may not be safe in 50ft visibility as 30mph may be. Does not apply to your case.

Special- BLANK *What is this??

Hardly ever used.

Area - a number entered

Like was stated before, it's the area the citation was issued in. North Sacramento is a different area than South Sacramento.

Beat- a number entered

Areas are broken down into beats, this is where your violation happened in relation to how the CHP has their areas broken down.

Perm. Area- Blank *What is this?

If the citation is issued in say, South Sac's area and the officer is from the North Sac Area, he/she whould put their permanent area in that box. This did not apply to your case, therefore, it was left blank

****the big question**** Radar Unit /Patrol Vehicle No. - BLANK!!

Only required for Radar/Lidar Citations. If you were paced or visually estimated, it can be blank. However, if paced, you can ask for the patrol vehicles speedometer calibration in discovery.

[SanDiegoSpeeder]

So, I retraced my steps and took a look at the route I took on my way home that night. I realized that there is no speed limit sign posted from when I get on the freeway to where the officer pulled me over. I looked and saw that a sign is posted a couple hundred feet before my enterance to the freeway and the next is around a few miles up the road (just around the bend of where the officer had me stop). Can I use this as a defense?

[sniper]

So, I retraced my steps and took a look at the route I took on my way home that night. I realized that there is no speed limit sign posted from when I get on the freeway to where the officer pulled me over. I looked and saw that a sign is posted a couple hundred feet before my enterance to the freeway and the next is around a few miles up the road (just around the bend of where the officer had me stop). Can I use this as a defense?

All freeways in this state are generally 65 mph, unless otherwise posted. The officer wrote you for exceeding 65mph. I don't see how an actual speed limit of 55mph (if it so happened to be) would help you out. I would say no, this argument will not help you out, expecially if you have driven this freeway before.