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Cited for VC 22349(A) in California

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  • 07-26-2010, 05:09 PM
    Triple.Sevens
    Cited for VC 22349(A) in California
    My question involves a speeding ticket from the State of California.

    Hi This is my first time posting here and I was looking for some advice on a speeding ticket.

    I just recently (7/24/10) received a speeding ticket and was wondering what my next steps should be.

    The Ticket-
    (#1 LN, 92,90 MPH, 558FT)
    Speed Approx. 90
    Max Spd. 65
    Lidar Unit 7500462

    There was quite a bit of traffic so I'm wondering if he indeed clocked me over someone else. I was in the #1 lane and the officer was over in the shoulder area behind one of those cement construction barriers.

    When should I request discovery? Is there a special format for it? I'm not sure if I do it before or after the arraignment.

    Can I win with a trial by declaration? Please advise and thanks for any help!
  • 07-26-2010, 07:31 PM
    vigilancelives
    Re: 22349a in Ca, Need Advice
    I generally advise people not to argue the "facts" in traffic court. A trial by declaration is not a good idea because you have to pay for the trial. Unless you're unable to attend court for an arraignment or motion hearings, its better to appear in person and orally demur.

    It's best to request discovery after arraignment when the matter is set for trial. That way, if the prosecution doesn't respond, the "judge" will have to postpone the trial, summon the prosecutor, and compel discovery, which is a major inconvenience for the court.

    There is no special format for discovery; the request can be made by letter, or may be in the form of a court paper so that it can be filed with the court. There are discovery templates with drafting instructions in CEB's California Criminal Law Forms Manual, which is available for viewing at your local law library. Example Motion provides access to sample pleadings at a nominal cost.
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