My question involves a speeding ticket from the State of: CA
In February I was issued a ticket for speeding. I am 50 years old and have received 3 tickets (one in the 1980's, one in Sept 2007 which was dismissed because I attended driving school, and this one in Feb 2008). I cannot attend driving school to get this out of the way and am trying to fight it. I do not feel that I was driving unsafely and am sure I was not going the speed the officer says I was but I know that this will be his word against mine and he will always win. I did the written declaration to argue this and lost that.
. He used pacing and I requested a copy of the Engineering & Traffic Survey from the CHP. They told me that they do not have to give it to me because a radar was not used. Is this true? It seems to me that this could be helpful to argue that I was indeed driving safely. Could this be a strong enough arguement for dismissal that the CHP refused discovery?
. On a website (I think it was called TIPMARA) I found a page that had the CHP- MOTOR TRANSPORT MANUAL. It says that the CHP is supposed to calibrate their speedometers every 90 days. This one was calibrated about 4 months before my ticket. Could this be an argument to get the ticket dismissed? Should I ask for the next calibration done after my ticket? If it was out of calibration for my ticket, the before reading that I was given will not show it. Do they need to show original documents at court? They sent a photocopy which could be altered.
. When I was looking in the glove box for my registration and insurance the officer saw the ticket from September 2007. He demanded to see it and then was quite unpleasant in mocking me. He said that he would just "copy it" and took it back to his car. I never did show registration and insurance. Could this somehow be used to argue for dismissal? In his written declaration he claims that after I showed him my insurance and registration I just handed him the ticket which is a ridiculous lie. I never got out the documents. Everything stopped and his demeanor changed when he saw the old ticket.
Can anyone think of any strategy in fightin this? I am very upset by how this officer treated me and do not feel that I am an unsafe driver. My court date is August 27, 2008