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Written Declaration for VC 22406(a) in California

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  • 05-26-2012, 12:05 PM
    Doubleube68
    Written Declaration for VC 22406(a) in California
    My question involves traffic court in the State of: California

    A ticket was received for going 65 in a 70 but vehicle limit is 55 because it is a commercial vehicle. We don't want the point on the license, so have requested a written declaration. The officer did not state on the ticket (that I can find) whether it he paced or just observed the speed.

    What are my options for fighting it? How does speedometer accuracy defense work? Do we have to go somewhere specific to check the accuracy? How can we fight it without knowing what method the officer used to get the speed? He was behind, so I assume pacing but should it state that on the ticket somewhere?

    Thanks!
  • 05-27-2012, 08:14 AM
    That Guy
    Re: Written Declaration for VC 22406(a) in California
    Quote:

    Quoting Doubleube68
    View Post
    A ticket was received for going 65 in a 70 but vehicle limit is 55 because it is a commercial vehicle.

    Well, that means its a 65 in a 55, not a 65 in a 70!

    Quote:

    Quoting Doubleube68
    View Post
    What are my options for fighting it?

    Whether he paced or used another method, and with this being a maximum speed citation with 10mph over your limit, there is not a speedometer margin of error rate that will win this for you on your own. You need to hire an attorney who maybe able to negotiate a plea bargain for a non moving violation in lieu of a higher fine. Yes, it will cost you more but then again, if you have a CDL and your livelihood depends on a record with zero points, then it is effectively costing you less in the long run!

    Quote:

    Quoting Doubleube68
    View Post
    We don't want the point on the license, so have requested a written declaration.

    Who's "we", and I guarantee you won't get a point on your record.


    You will however, get a point and a half!

    And obviously, a simple request for a TBD isn't a guarantee you won't get the points.

    Quote:

    Quoting Doubleube68
    View Post
    The officer did not state on the ticket (that I can find) whether it he paced or just observed the speed.... He was behind, so I assume pacing but should it state that on the ticket somewhere?

    There is no requirement to indicate the method he used on the citation.

    Quote:

    Quoting Doubleube68
    View Post
    How does speedometer accuracy defense work?

    It doesn't. Not for 10mph over. If you were cited for 3 mph over, then yeah, you can argue that is within the known margin of error so there is doubt you were in excess. For 10mph over... You'll lose that in a heartbeat!

    Quote:

    Quoting Doubleube68
    View Post
    Do we have to go somewhere specific to check the accuracy?

    You mean you suspect your own speedometer is not accurate? You'll need to check that on your own, and regardless of those results, that isn't a defense that you can use; you're expected to maintain equipment in working order before you put your vehicle on the road.

    Quote:

    Quoting Doubleube68
    View Post
    How can we fight it without knowing what method the officer used to get the speed?

    You can request discovery but regardless of how he measured your speed, your only chance of prevailing here is if he fails to show up for the trial or if he doesn't submit a declaration. The chances of that happening are slim to none.

    Good luck!
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