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CVC 22349(a)
My question involves a speeding ticket from the State of:California.
I was cited for speeding on 1/31/09 for doing 85 mph in a 65 mph zone on my sportbike. This was on the 5 South by Washington St. in San Diego. I plan on doing a TBD to fight my case, but need some more personal advice as to how to phrase my defense.
Is it true that by me saying, "I sped up to pass a truck because I felt unsafe" I am admitting guilt?
I was told he paced me so what kind of speedometer calibration documentation is required? Do they need to be the originals, certified copies, or just plain copies?
Radar was not checked on my violation, but he did write Beat: 5. I am just curious what the "Beat" box meant.
Thanks in advance!
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Re: CVC 22349(a)
1. Your defense of "I sped up to be safe" just ain't gonna cut it in court.
2. If he paced you, he needs to be able to demonstrate how he paced you and for how long he paced you. If you simply "sped up to get around a truck" then he couldn't have paced you for that. However, he could use visual estimation as a method for determining your speed.
3. Any calibraion documents he presents will have to be originals or certified true copies. If they are not, you should object to their admission.
4. You should be prepared that you will likely loose the TBD as they are not really trials.... rather they are just illusions of trials that normally get guilty stamps illegally dispersed upon them to further discourage you from wasting the court's time by exercising your constitutional right to a real trial. Be ready to file for a trial de novo.