22349(A) Speeding Ticket

[sdcadriver]

My question involves a speeding ticket from the State of California. I was cited for going 86 in a 65 with a citation code of 22349(a). The ticket was checked that the CHP officer had used a radar.

I honestly was not aware of the speed I was traveling at, but I was with a group of cars going with the speed of traffic. I know there is no such thing as "speed of traffic" and it will not hold up in court.

I do have a good defense to my story, as I feel I wrongfully cited. There was a car in the fastlane of the two lane highway that was in front of me when we came around the corner of the highway where the patrol officer was sitting on the side of the road. If he did have a radar on that section of the highway, he would of hit the car in front of me before I came in sight of the partol officer and his radar, plus there is two lane of traffic going the other way that his radar gun could of picked up.

I have taken pictures from the google map (street view) to better show my defense. I would like to build a strong case to defend myself in court, but I need help with a couple of questions and where I may find some resource information.

I want to know if the officer can defend if he really did hit me with the radar, is there a camera on the radar gun or is it just his word? How can they prove that it was my car or cars around me or even the background cars?

I also read information about a enginner traffic speed survey. Does that apply to highways? If so, where can I find these surveys?

I also want to find speed history for the highway I was on during the same time I was cited? Does anyone know of any resource that give this information.

If anyone has any infomation or can answer any of my questions, I would greatly appriciate it. I will gladly take any advice as well.

[That Guy]

My question involves a speeding ticket from the State of California. I was cited for going 86 in a 65 with a citation code of 22349(a). The ticket was checked that the CHP officer had used a radar.

I honestly was not aware of the speed I was traveling at, but I was with a group of cars going with the speed of traffic. I know there is no such thing as "speed of traffic" and it will not hold up in court.

I do have a good defense to my story, as I feel I wrongfully cited. There was a car in the fastlane of the two lane highway that was in front of me when we came around the corner of the highway where the patrol officer was sitting on the side of the road. If he did have a radar on that section of the highway, he would of hit the car in front of me before I came in sight of the partol officer and his radar, plus there is two lane of traffic going the other way that his radar gun could of picked up.

I have taken pictures from the google map (street view) to better show my defense. I would like to build a strong case to defend myself in court, but I need help with a couple of questions and where I may find some resource information.

I want to know if the officer can defend if he really did hit me with the radar, is there a camera on the radar gun or is it just his word? How can they prove that it was my car or cars around me or even the background cars?

CHP officers (actually, any officer trained in the use of Radar/Laser) are also trained in visual estimation of speed. Which means that in addition to having the Radar on, he/she is also watching traffic. Radar will usually pick up and display the speed on the fastest vehicle in the path of its beam and once it displays that speed, the officer has to make a visual to determine which of those vehicles is traveling the fastest. In this case, the officer will testify that it was yours. And claiming the “it wasn't me” defense will not work too well in your favor...

I also read information about a enginner traffic speed survey. Does that apply to highways? If so, where can I find these surveys?

Sorry, but the 65mph speed limit is a “statutory” speed limit, and not one that is set based on a Engineering and Traffic Survey... So a speed trap defense is not going to work for a 22349(a) citation.

I also want to find speed history for the highway I was on during the same time I was cited?

I'm not sure if I'm understanding that correctly but even if you can find such information, you were charged in violation of a statutory MAXIMUM speed limit.

California Vehicle Code Section 22349. (a) Except as provided in Section 22356, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour.

Therefore, using the “everybody else was speeding” defense is not going to work. Like I previously stated, the officer will more than likely testify that you were the fastest in the pack and even if you weren't, he is not obligated to shut down the freeway so he can cite everyone... They usually will pick one vehicle to pull over and leave the rest for another day.

If anyone has any infomation or can answer any of my questions, I would greatly appriciate it. I will gladly take any advice as well.

You can go through the motions of filing discovery requests, using the Trial by Declaration option (and if you lose) going for a new trial (Trial De Novo), and/or hoping that the officer will not file his declaration or simply not show up at the trial, but at the end of the day, a 22349(a) citation is not an easy one to beat. Nothing that should sway you from exploring any of These Options in your quest to fight the case, however, based on what you've posted it sounds to me that you'd be better off paying the fine and going to traffic school.

Good luck!

[sdcadriver]

You can go through the motions of filing discovery requests, using the Trial by Declaration option (and if you lose) going for a new trial (Trial De Novo), and/or hoping that the officer will not file his declaration or simply not show up at the trial, but at the end of the day, a 22349(a) citation is not an easy one to beat. Nothing that should sway you from exploring any of These Options in your quest to fight the case, however, based on what you've posted it sounds to me that you'd be better off paying the fine and going to traffic school.

Good luck![/QUOTE]


Thank you for your response. Its just a very frustrating thing to go through, plus not having the time and money to have this happen. I plan on filing a Trail by declaration with my eveidence and story.

If I am still found guilty after the first and second trail. Can I still go to traffic school? I realize I may lose the fine/bail, but do lose the option to keep a point off my record if found guilty?

[That Guy]

If I am still found guilty after the first and second trail. Can I still go to traffic school? I realize I may lose the fine/bail, but do lose the option to keep a point off my record if found guilty?

You don't lose the "option"... However, and while a judge cannot use the fact that you took your case to trial to deny you the option of traffic school, he/she is not obligated to approve your request at that time, nor is he required to state a reason for his refusal. Some judges may allow it, others may not!

[CzekM8]

sdcadriver,

I have been going through a similar situation (you can find my experiences here). The first thing you should do (assuming it's been at least 10 days since you got your ticket) is file an Informal Request for Discovery. Request everything you can think of that might help you (I even asked for the officer's dash cam video/audio). Send your request certified mail to both the District Attorney and the citing police agency. If, after 15 business days you don't receive a response, file a Motion to Compel Discovery with the court. Do all this before you submit your Trial by Written Declaration. You should have received the Discovery by then, and hopefully, you'll be able to use it to your advantage. If you haven't received anything, then the ticketing officer's testimony (his TBWD) should not be admissible. On the chance that you're still found guilty, request a Trial de Novo. If you never received discovery and the the Officer shows up, make a motion before the trial begins that his testimony be suppressed based on the fact that you never received his notes, etc. If you did receive testimony, have some good questions prepared to ask the officer. If you're still found guilty, ask for traffic school.

And like That Guy said, good luck!