How to Appeal a Speeding Ticket
My question involves a traffic ticket from the state of: CA
I have a ticket for 22349(a) going 25+ over the speed limit and I've been told to appeal it so my question is
1. How do I do so? I read something about going to see the magistrate for 25$ but like...how? Do I call the court and tell them I want to appeal? Do I go there and ask for the magistrate? Etc?
2. Is there a time limit within which you have to appeal? Like within 20 days of recieving the ticket or anything like that?
3. Should I even appeal it?
4. I was clocked with a LIDAR@ 1,3xx ft. I've read that they aren't as accurate past 1,000 ft. Can I use that as a defense?
5. I know that after first appeal, if fails, I can do a 2nd one with the officer present for I think 75$, if that doesn't work, do I still have the option of going to court or is that it?
Re: How to Appeal a Speeding Ticket
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ohsoasn
about going to see the magistrate for 25$ but like...how? Do I call the court and tell them I want to appeal? Do I go there and ask for the magistrate? Etc?
Don't know where you were reading, but it doesn't sound like California. You can file a Trial By Written Declaration and if that fails (as it likely will0 then you can as for a Trial De Novo and be heard in court. Or you can go direct to court. Not sure what the point is other than waisting a lot of time (and you won't be putting off paying the fine as they'll make you post the "bail" equal to the fine anyhow).
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2. Is there a time limit within which you have to appeal? Like within 20 days of recieving the ticket or anything like that?
You must submit it by the due date on your citation.
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3. Should I even appeal it?
Do you have a defense? Is there some reason we should believe you are not guilty? This isn't even a charge where you can contest the validity of the posted speed.
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4. I was clocked with a LIDAR@ 1,3xx ft. I've read that they aren't as accurate past 1,000 ft. Can I use that as a defense?
You were told wrong.
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5. I know that after first appeal, if fails, I can do a 2nd one with the officer present for I think 75$, if that doesn't work, do I still have the option of going to court or is that it?
Again, I have no idea what you are looking at fort this information. The procedure is as I expressed it. If you go straight to the arraignment and ask for the trial, your case will be continued until the officer present. The chances that an officer will not respond to a TBD or show for a trial are extremely remote.
Re: How to Appeal a Speeding Ticket
They aren't nearly as accurate past 1000ft. New Jersey has a set requirement at 1000ft without expert testimony. No other state does this, they've bought into the LIDAR infallibility propaganda.
You can bring up in court what the "recommended range" is that they are taught during training. It could be up to 1500, 2000 - never over 2000. Ask what percent are written under 1000ft. Ask if anything over 1000ft is unusual. They are valid questions.
Some departments will use LIDAR up to 2900ft, then they'll get mad when you bring it up. The distance argument is not always going to work, but there is no reason not to bring it up.
The prosecutor may argue you aren't a PhotoOptics expert and have no business arguing lasers. It's really up to the individual judge. Either way, asking about the distance will get the judge's attention.
Re: How to Appeal a Speeding Ticket
Is this the same ticket that you posted about here? If so, please keep all of your posts in the same thread.
You can appeal a final judgement of conviction, if your case has reached that stage. Have you already gone to trial and been found guilty? If so, you need to read about appeals in infraction cases here.
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lostintime
The prosecutor may argue you aren't a PhotoOptics expert and have no business arguing lasers. It's really up to the individual judge. Either way, asking about the distance will get the judge's attention.
The public prosecutor doesn't attend traffic trials in California.
Qualification of an expert witness is reviewable under the abuse of discretion standard. This means that you're only likely to have such a ruling reversed if the expert obviously lacks qualification, and the judge ruled that the witness was qualified. An objection is required to challenge an expert's qualifications. If you failed to object, you've forfeited this on appeal. For scientific evidence, once the court rules that the method is admissible, variations in technique or procedure go to the weight of the evidence and not its admissibility. Because the weight of the evidence is part of the finding of fact, it's subject to the substantial evidence standard of review. This means that the appellate court looks at the evidence in a light most favorable to the prosecution in order to determine if any reasonable trier of fact could have found the essential elements without a reasonable doubt. This means that as long as the appellate court can find some reason that favors the prosecution in the evidence then you won't get a reversal on this either.
Re: How to Appeal a Speeding Ticket
Who represents the state then?
Re: How to Appeal a Speeding Ticket
In cases like this, nobody. If you don't understand California infraction procedures, you're not helping this thread.
Re: How to Appeal a Speeding Ticket
Sorry, I'll stick with one post in the future. And no I have not gone to my arraignment yet so no ruling has been made. I'm thinking of postponing it, I think 2 or 3 times, 3 being the maximum right? Either way, a friend told me to appeal it and it was something about seeing a magistrate before your arraignment or something like that. If not, I'll just postpone 3 times, and then go to arraignment...
Re: How to Appeal a Speeding Ticket
Excuse my French, but your friend is an idiot. Postponing your arraignment is of ZERO benefit unless you are trying to push your trial date PAST a previous conviction so that you are eligible for traffic school again, which could bite you anyway.
Re: How to Appeal a Speeding Ticket
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ohsoasn
Sorry, I'll stick with one post in the future. And no I have not gone to my arraignment yet so no ruling has been made. I'm thinking of postponing it, I think 2 or 3 times, 3 being the maximum right? Either way, a friend told me to appeal it and it was something about seeing a magistrate before your arraignment or something like that. If not, I'll just postpone 3 times, and then go to arraignment...
With your mention of a magistrate, a $25 fee and whatever else, your friend is talking about appealing a parking violation and in that case, you should have him guide you further on how to proceed -the blind leading the blind- but how do they get a driver's license is the better question. As for postponing it 3 times and then going to arraignment, you were either already arraigned or you've gone through the TBD process and so you don't get a second arraignment. If you've gone through a TBD then you have 20 days from receipt if the notice that you were found guilty to request a new trial.
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ohsoasn
I was clocked with a LIDAR@ 1,3xx ft. I've read that they aren't as accurate past 1,000 ft. Can I use that as a defense?
This is only the result of an even more serious level ignorance than yours that is allowed to post on this forum. But there is no basis to such claim of inaccuracy. Not in any state!
Its probably time for you to face reality which would imply that you have no defense whatsoever.
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ohsoasn
I have a ticket for 22349(a) going 25+ over the speed limit
Your other thread shows a 22349 with 99+ in a 65mph zone. While that may qualify as being 25+ over the limit. It is quite different on a number of different levels from a 35+ speeding ticket.