My question involves a speeding ticket from the State of: California
Recently was pulled over for apparently speeding.
Conditions were "light, cloudy [weather], wet [road], heavy [traffic]".
Pulled over by a motorcylce officer.
Speed approx: 60;PF/Max: 50; Safe Speed: 50; Laser: 60
This was my first ever ticket.
Traffic was fairly heavy (morning commute), and was moving about 45 MPH. I sped up to pull into an opening to a lane I needed to get into. Quite suprised that I possibly got to 60. 4 lane (two in each direction) business-area street.
Officer told me I was going 60 and failed to signal. I handed him license and registration. He came back with the ticket, which I signed, but which was a ticket for 22350 (basic speed law) and for 12951A (not possessing a license).
As indicated, I might have been speeding. I might be able to fight the 22350 using some of the standard methods, for instance if there is not a valid survey (the ticket was not given on a highway, freeway, or other statutorily set road or road area), but I am not sure if the road and traffic conditions would allow that to work (most of what I have read on here was not in wet, heavy traffic conditions).
However, I clearly gave the officer my license. 12951a states:
"12951. (a) The licensee shall have the valid driver's license issued to him or her in his or her immediate possession at all times when driving a motor vehicle upon a highway.
Any charge under this subdivision shall be dismissed when the person charged produces in court a driver's license duly issued to that person and valid at the time of his or her arrest, except that upon a third or subsequent charge the court in its discretion may dismiss the charge. When a temporary, interim, or duplicate driver's license is produced in court, the charge shall not be dismissed unless the court has been furnished proof by the Department of Motor Vehicles that the temporary, interim, or duplicate license was issued prior to the arrest, that the driving privilege and license had not been suspended or revoked, and that the person was eligible for the temporary, interim, or duplicate license."
So, this charge will be dismissed (my license is and was valid). However, I think it may be possible to proove that I did give my license to the officer (can radio logs by collected via informal discovery? Anything else outside the norm I should request in informal discovery?). If this is proved to be a mistake by the officer, does it make the other case significantly any better (or will the court likely believe it was just a small error that had nothing to do with the speeding citation)?
I plan to file an extension and go through the informal discovery process, then do TBD and, failing at that do the trial de novo.