Trial De Novo and Traffic School

[judymko]

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

Hello,
I am new to this forum. I just recieved an answer to my TBWD in the mail and was found guilty on VC22350. The police officer used radar to calculate my speed-57 in 40 mph zone. I have a few questions.
1. Can I still request traffic school if I ask for a trial de novo?
2. If the officer doesn't show, I know I can ask for my case to be dismissed. But, if he does show, I need to be prepared with my defense, right?
3. Since the officer was using radar, I am wondering if there is a speed survey for the stretch of road he got me on. Where do I go to get that? What if there is no speed survey?
4. I am planning to go to the court house to turn in my request for trial de novo. While I am there, can I request to see the officer's written declaration and notes? I am assuming I just need to ask the clerk who is helping me?

judymko

[That Guy]

1. Can I still request traffic school if I ask for a trial de novo?

You can ask... However, after opting to go to trial, it is up to the discretion of the judge to grant your request. It is not as guaranteed an option compared to before trial

2.If the officer doesn't show, I know I can ask for my case to be dismissed. But, if he does show, I need to be prepared with my defense, right?

Right.

3.Since the officer was using radar, I am wondering if there is a speed survey for the stretch of road he got me on. Where do I go to get that?

You can contact Caltrans or the city engineering department for a copy of the survey, assuming one is needed for the stretch of highway where you were cited. What was the speed limit? and how fast were you allegedly going?

What if there is no speed survey?

It depends... Read CVC sections 40800 thru 40808. You can find them HERE by typing the section # in the search box (top right corner).

4.I am planning to go to the court house to turn in my request for trial de novo. While I am there, can I request to see the officer's written declaration and notes?

Sure you can.

I am assuming I just need to ask the clerk who is helping me?

Right.

[judymko]

The speed limit was 40 mph and the officer clocked me at 57mph. I went to the link to look up CVC 40800 thru 40808. I had a question about 40802.

It stated: (b) (1) For purposes of this section, a local street or road is defined by the latest functional usage and federal-aid system maps submitted to the federal Highway Administration, except that when these maps have not been submitted, or when the street or road is not shown on the maps, a "local street or road" means a street or road that primarily provides access to abutting residential property and meets the following three conditions:

(A) Roadway width of not more than 40 feet.

(B) Not more than one-half of a mile of uninterrupted length. Interruptions shall include official traffic control signals as defined in Section 445.

(C) Not more than one traffic lane in each direction.

The street I was on was more than 40 feet wide. There was probably a mile from one stoplight to the next. It had 2 traffic lanes on each side. So, is the street I was on a local road or not? If not, it should have a speed survey, right? Or maybe I am reading this section wrong.

The other thing I am worried about is that when I got my ticket, I was approaching a school zone. The school zone has flashing lights overhead to tell drivers they are approaching. I had not yet entered the school zone, but it was coming up. There were no children present since school was still in session. So, I think I am in trouble here.

Also, I took pictures from the spot that the officer stopped me. He was standing in the shade of some trees. I was traveling downhill around a curve in the road when he stopped me. I also think that one of the speed limit signs posted was partially hidden by the trees. I think I should go get a picture of that, too.