Thanks in advance for your advice.
My question involves a speeding ticket from the State of: CA
I was driving down Mission Blvd. in Fremont doing an honest 40mph in a 40mph zone. There were cars behind me following very close so I barely braked for my turn and when I turned I was going "too fast" and my tires screeched even though I did not lose control of the car, just proceeded down the next street. An officer came with lights on and pulled me over, saying that my turn was unsafe and that he would cite me for reckless driving but since I had a clean record he would charge me for speeding as a "lower" violation. He did not cite any radar evidence on the ticket instead writing simply "50+" in a 40.
I accepted the ticket but fought it via trial by declaration, but I received a guilty response. I showed how he could not have possibly seen my car speeding from the opposite side of the road including photos and creating a credible defense, never admitting any guilt but also not admitting the "other" potential violation because it was irrelevant to my 22350 case.
1. If I was not speeding, and he openly stated that he would be charging me for a different violation, can I be automatically guilty of a different (lower) violation? I was not speeding and the officer cites no evidence whatsoever.
2. If I go to court, can the judge try to increase the charge to reckless driving if the officer tells the judge what happened? Can the violation be increased in a trial by novo hearing legally?
3. What is the proper legal argument to make against this type of citation? Perhaps I need to mention that he was going to cite me for something else in order to get out of 22350?
Sean in CA