Incorrect Actual Speed Noted on Citation

My question involves a traffic citation from the state of: California


I received a citation for speeding on the 241 Toll Road in Orange County, California. On the Citation, the CHP officer noted my speed as 44 in a 65 zone. I then received paperwork from the court noting a bail amount that needed to be paid. I paid the bail amount and requested a trial by declaration questioning the validity of the citation as no notice of amendment had been sent to me concerning this citation and that the original one recorded my speed as 44mph. The court still found me guilty and I am now contemplating a trial de novo. Do you think my argument is valid and if so, is there a specific traffic code I can refer to to strengthen my argument. Is a trial de novo worth it given this is my second speeding ticket in six months?

Well, what were the circumstances under which you were cited?
Things like.... How fast were you going? What speed did the officer tell you he was citing for?
Also, what vehicle code section were you cited for?
Just out of curiosity, how much was you bail amount?

Are you sure it said 44 and not 77? I'm not sure how the court could calculate a bail amount on a speed lower than the speed limit!

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Quoting bmwdriver

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Is a trial de novo worth it given this is my second speeding ticket in six months?

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Your Trial De Novo has nothing to do with another speeding ticket you received 6 months ago... Your TBWD statement for the same citation does not come into play and neither does that of the officer. However, I would recommend that you contact the court and request a copy of the officer's statmement. it is within your rights to see it and it will offer you a view of what he might testify to at the TNV.

Thank you for your prompt response.

The CHP officer was in an all black car which seemed to have an extended antenna array at the back. He was parked just at the apex of a bend on a section of the toll road where there is no highway lighting. He pulled me over and had allegedly clocked me at 84mph however, noted 44 on the actual citation. The bail amount was approximately $262. My point here is exactly what you were getting at. How did the court know what bail amount to set given the citation states 44mph. My guess is that the officer amended the citation but that the officer/court clerk failed to send me a notice of amendment. Is this lack of a notice of amendment not grounds for dismissal?.

Do I have to go to court in person to request a copy of the officer's response?

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Quoting bmwdriver

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Thank you for your prompt response.

The CHP officer was in an all black car which seemed to have an extended antenna array at the back.

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For starters and assuming your statement above means his vehicle was NOT the typical black and white CHiPer cars we see out there, here's a start:

40800. (a) A traffic officer on duty for the exclusive or main
purpose of enforcing the provisions of Division 10 (commencing with
Section 20000) or 11 (commencing with Section 21000) shall wear a
full distinctive uniform, and if the officer while on duty uses a
motor vehicle, it must be painted a distinctive color specified by
the commissioner.
(b) This section does not apply to an officer assigned exclusively
to the duty of investigating and securing evidence in reference to
the theft of a vehicle or failure of a person to stop in the event of
an accident or violation of Section 23109 or 23109.1 or in reference
to a felony charge, or to an officer engaged in serving a warrant
when the officer is not engaged in patrolling the highways for the
purpose of enforcing the traffic laws.

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Quoting bmwdriver

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Is this lack of a notice of amendment not grounds for dismissal?.

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One could argue that it should be because you defended yourself based upon a charge of driving at 44mph and the officer responded based upon the fact that you were charged with driving at 84mph. But then again, I assume you did receive a courtesy notice from the court. Did that state your actual speed?
You must also consider that the court gets the top copy of the citation whereas yours is the middle or the last copy and if the officer was not using a ball point pen or if he did not press hard enough, your copy is much less legible than the court's copy.

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Quoting bmwdriver

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Do I have to go to court in person to request a copy of the officer's response?

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I don't do anything by mail when it comes to the court system. Something always ends up getting screwed up or it takes too long when you use the mail. So, I would personally go in and request a copy.

The color restrictions aren't what they used to be:

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Quoting California Code of Regulations, Title 13, Motor Vehicles, Chapter 5, Special Vehicles, Article 5, Color of Traffic Law Enforcement Vehicles, Sec. 1141 - Color Requirements

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Each motor vehicle shall have a distinctive exterior finish, exclusive of wheels and trim, as follows:[indent](a) Vehicles Except Motorcycles.

Vehicles, except motorcycles, shall be painted:

(1) Entirely white; or

(2) White, except that an area not less than and including the front door panels shall be black; or

(3) Black, except that an area not less than and including the front door panels shall be white; or

(4) Any other color, with any color front door panels.

(5) The indicia or name of governmental entity operating the vehicle shall be displayed in sharp contrast to the background on the front door panels and shall be of such size, shape, and color as to be readily legible during daylight hours from a distance of 50 feet.

(b) Stripes. Painted stripes, if used, shall be no wider than 6 inches.

(c) Motorcycles. Each motorcycle shall have one of the following finishes:

(1) Entirely white; or

(2) The sides of the tank and fenders shall be white or the fenders may be entirely white or entirely black; the remaining portions of the motorcycle, which normally receive a painted or enameled finish, shall be black, white, or a combination of black and white, except that these surfaces may have a sharply contrasting accent color overlaying the predominant black and/or white background; or

(3) Any other color.

(4) The indicia or name of governmental entity operating the motorcycle shall be displayed in sharp contrast to the background on the sides of the fairing or tank and shall be of such size, shape, and color as to be readily recognizable during daylight hours from a distance of 50 feet.

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Quoting aaron

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The color restrictions aren't what they used to be:

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True... But wouldn't the fact that the OP stated that:

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Quoting bmwdriver

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The CHP officer was in an all black car

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When in fact the restriction as far as a BLACK VEHICLE from what you posted, states that if it is black, then:

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(a)(3). .... an area not less than and including the front door panels shall be white;

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Would that not mean that it did NOT meet the requirements?

And I wonder if it had the CHP STAR on the doors????

You still haven't answered the question - What V.C. were you cited for?

If you were cited for doing 44 mph in a 65 zone, I'd say the officer was in contempt of court for wasting their/ your time.

How do they find you guilty for NOT breaking the law? Either you're not telling us something that's stated on your ticket, or they've really got something wrong...

I'd contact the clerk to see if an amendment was sent out. Amendments can NOT be made after you plead not guilty, without your consent, FYI.

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Quoting That Guy

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Would that not mean that it did NOT meet the requirements?

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Assuming the description was correct, it may have been a vehicle to which the regulation doesn't apply.

I agree with That Guy. A solid black car renders the officer incompetent to serve as witness.

Also, we haven't heard what the courtesy notice said as far as speed... was it an illegible ticket or was it really written as 44 in a 65.

Finally, the VC section is vitally important. If written for 22349(a), then the 44mph charge is bogus. However, the cop could have legitimately wrote the OP for 22350 for doing 44 in a 65.

I also agree with That Guy in that the OP needs to get a copy of the cop's declaration from the TBWD. The OP also needs to file for the Trial De Novo ASAP before the time restrictions expire.

Thank you all for your responses. To answer your questions, I was quoted under VC 22349(a) and the officer noted "exceeding 65mph" next to that on the citation itself. However, under the "speed approx" box he noted my speed as 44. The courtesy notice from the court does not mention my speed either.

As for the description of the car, I am not really pursuing that given it was dark and I cannot say for certain whether there was a CHP star on the door or whether the door was white for that matter (although I think I recall the car was an all black unit).

My trial de novo is scheduled soon and so will let you guys know the outcome. My argument will be based on the discrepancy between the traffic code section quoted and the actual speed noted on the citation coupled with the fact that no notice of amendment has ever been issued.

One more thing, I did obtain a copy of the officer's response to my TBWD statement. He states that he quoted me for doing 84mph (using radar) and that provides dates his radar was last calibrated (seven months prior to my traffic stop). His statement is silent as to why he wrote 44mph.