Re: CVC 22356(B) - is Winning a TBD Possible?
As Mr. Knowitall wrote, being frustrated is not a lawful excuse to travel 20+ MPH over the limit. And, on a freeway, there will be cars behind you at some point.
Unfortunately, the CHP is not in the habit of issuing warnings - especially to drivers doing 20+ over the limit with no good, legal justification.
This is my first ticket ever (I’m over 30) and I was really hoping for a warning because I am a very VERY safe driver.
Your understanding is in error, sorry.
Again, it was pitch black and I did not see any head lights or parking lights from the police vehicle which, from my understanding of the law, should have been in plain view.
Yes it does. At least, it should.
I’ve been reading articles online about getting a Trial by Written Declaration but I was wondering if it would apply to my ticket.
If the issuing officer doesn't show in court or submit a written declaration, sure.
Do I have even have a 50% chance of getting off?
Fighting a traffic citation for speed can be a very involved process to do correctly and usually does not succeed. Note that if you do go to trial, it is very likely that the option of traffic school will not be available to you if you lose. So, if you are otherwise eligible, you might consider traffic school as previously suggested.
If I was found guilty and then filed for Trial de Novo and also dont win.... can I still have the option to go to traffic school?
Sorry, but this just doesn't seem to have much opportunity for you to find an easy way out of this one.
A Nor Cal Police Sergeant
"Make mine a double mocha ...
... and a croissant!"
Walk humbly with your God
-- Courageous, by Casting Crowns