How to fight speeding ticket

**mcassell** · 02-20-2006, 08:24 AM

On wed. 11/09/05 at approx. 5:15 pm I was pulled over on El Mirage rd which is a 2 lane rural hiway, 55 mph. I was clocked at 70 mph-22349(b). This ticket i hadnt gotten a ticket in 5 years so did the traffic school online. Well on Thurs. 1/12/06 at 6:37 pm, I was pulled over on Sheepcreek rd north of El Mirage rd, which is approx 5 miles from other location. I was traveling south on Sheepcreek and its same kind of road as El Mirage rd. 2-5 minutes before I got pulled over a white toyota truck has passed me and was pullling away from me. Shortly here comes the CHP and he flips a uturn and puts on his lights, I thought he was going after the other guy so I pulled over, but he pulled behind me. I did ask him for a warning and he said NO. He also wrote me for 70 in a 55 same code 22349(b).
I feel in this case I should get this one dismissed. The fine is the same amount 124.00 but they made a error on the custisy letter. They put 61681 for my case number and its 60681. Also I have taken pictures of the road. I feel I was not endangering anyones life. There is absolutely no homes or businesses in the area. My question is should I go to court or do a trial by declaration? if I so the trial be declaration, can I still ask for the officers notes on his ticket and have his radar gun checked. Also i was in a speed zone where they show your speed. I was going 73 but the speed zone sign on the road said I was doing 68. Would that be heresay??

**cdwjava** · 02-20-2006, 09:58 AM

Quoting mcassell

I did ask him for a warning and he said NO. He also wrote me for 70 in a 55 same code 22349(b).

He is under no obligation to give you a warning.

I feel in this case I should get this one dismissed.

Why?

They put 61681 for my case number and its 60681.

That could be an issue if they bring the wrong file to court. But if it was only a typo in the document you received, I don't see it as a problem.

Also I have taken pictures of the road. I feel I was not endangering anyones life. There is absolutely no homes or businesses in the area.

Not relevant for CVC 22349(b)

22349(b) Notwithstanding any other provision of law, no person may drive a vehicle upon a two-lane, undivided highway at a speed greater than 55 miles per hour unless that highway, or portion thereof, has been posted for a higher speed by the Department of Transportation or appropriate local agency upon the basis of an engineering and traffic survey.

There is no requirement that anyone be endangered at the moment of your speeding.

My question is should I go to court or do a trial by declaration?

Each has its advantages. A TBD also allows you a new trial should you lose, but this can be risky in some courts.

can I still ask for the officers notes on his ticket and have his radar gun checked.

You can obtain notes and radar maintenance records through Discovery. If you want to have his radar "checked" you would have to pay for the analysis.

Also i was in a speed zone where they show your speed. I was going 73 but the speed zone sign on the road said I was doing 68. Would that be heresay??

The courtesy sign is not enforceable so it is not relevant to what the officer said. Besides, YOU say you were doing 73 and you got cited for 70 ... seems as if you got a break.

Besides, radar enforcement is done by an officer making a visiual estimation confirmed by a radar or lidar device.

- Carl

**mcassell** · 02-20-2006, 10:53 AM

I hope mr know it all will answer! I need serious advice and i apprciate the previous one. u r playing devils advocate!!

**Bookm** · 02-21-2006, 05:08 PM

Fight it.

Though much of the info at the following link is "Ontario-specific", there is great advice throughout re: speeding ticket defence.
http://www.magma.ca/~fyst/index.htm#toc)
(how Radar works: http://www.magma.ca/~fyst/appndxc.htm)

Book'm

**DaveBis** · 02-24-2006, 09:44 AM

Radar citations were always one of the easiest for me to win.

Get Nolo's book Fight Your ticket...excellent radar section and discovery section.

Set them all up to commit technical procedural violations. They are so crazed for your money that they are like drug addicts-they need a fix of your $ so bad they will do stupid stuff trying to deprive you of it which you can capitalize upon.