Re: CVC 22350 Unsafe Speed when Conditions Were Caused by City's Sprinklers in Median
The TBWD is a free bite at the apple. In some cases the cop doesn't file a statement and your case is dismissed. However, in most TBWD's I have seen, the judge simply rubber stamps it "guilty". I'm convinced they don't even read them. But, even if there is only a 1% chance of success.... 1% of something is a lot more than 100% of nothing!!!
Also, you do NOT give up your speedy trial rights in a TBWD. They start over when you ask for your trial de novo.
Re: CVC 22350 Unsafe Speed when Conditions Were Caused by City's Sprinklers in Median
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blewis
Hmmmmm. I've never seen "D" mean "Damp" before. In the Seattle area I've only ever seen "D" for "Dry" and "W" for "Wet".
Although the "D" could be easily interpreted as "Dry", I only said "Damp" due to the fact that he would be contradicting himself by saying the road was "Dry" only to follow that by saying it was "Wet" because the sprinklers were on at the time...
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blewis
Modern cars simply "count" the pulses during a time interval to "compute" the vehicle's speed. The time interval is usually derived from an inexpensive watch crystal (usually 32 KHz). The resulting speed computation is then displayed on the car's digital readout. It is a fairly simple circuit, however, since there are NO MOVING PARTS, I, too, consider an "electronic" device.
While the time cycle can and is derived as you described, the "pulses" that are counted are in fact generated based upon how many times the drive shaft or the wheel spins during that specific time cycle. Isn't it? That, by definition, adds a mechanical aspect to the entire operation because if the drive shaft does not "mechanically" spin, then the device will show a zero reading.
So while the rest of that particular speed measuring device is in fact "electronic"; there is an important "mechanical" component in it which causes it to eventually come up with a reading. Compare that to the electronic measuring device that are mentioned in the statute (i.e. Radar, LASER), you will see that those "speed measuring devices" employ a strictly "electronic" methodology to calculate an object's speed. Yes the officer has to "mechanically activate the device" (by pushing a button), but that does not have any bearing or effect upon the resultant speed reading in any way.
Re: CVC 22350 Unsafe Speed when Conditions Were Caused by City's Sprinklers in Median
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EWYLTJ
The TBWD is a free bite at the apple. In some cases the cop doesn't file a statement and your case is dismissed.
My thoughts exactly.
Is there any advantage to extending my appearance date so that by the time the officer has to write a statement or appear, its been almost a year since he wrote the citation?
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That Guy
Although the "D" could be easily interpreted as "Dry", I only said "Damp" due to the fact that he would be contradicting himself by saying the road was "Dry" only to follow that by saying it was "Wet" because the sprinklers were on at the time...
In my TBWD is there any way to call out the C. D. M. and speculate D means dry because that was my thought as well. If the road was dry, how was my driving unsafe for the conditions? Never mind it was 60 in a 50, my measured speed wasn't what I was cited for, the conditions were. Or can I request from the officer/anyone (during discovery) to clearly define what he meant in the comments?
Re: CVC 22350 Unsafe Speed when Conditions Were Caused by City's Sprinklers in Median
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That Guy
Although the "D" could be easily interpreted as "Dry", I only said "Damp" due to the fact that he would be contradicting himself by saying the road was "Dry" only to follow that by saying it was "Wet" because the sprinklers were on at the time...
While the time cycle can and is derived as you described, the "pulses" that are counted are in fact generated based upon how many times the drive shaft or the wheel spins during that specific time cycle. Isn't it? That, by definition, adds a mechanical aspect to the entire operation because if the drive shaft does not "mechanically" spin, then the device will show a zero reading.
So while the rest of that particular speed measuring device is in fact "electronic"; there is an important "mechanical" component in it which causes it to eventually come up with a reading. Compare that to the electronic measuring device that are mentioned in the statute (i.e. Radar, LASER), you will see that those "speed measuring devices" employ a strictly "electronic" methodology to calculate an object's speed. Yes the officer has to "mechanically activate the device" (by pushing a button), but that does not have any bearing or effect upon the resultant speed reading in any way.
Geez... you do this all of the time. What you are talking about is a HUGE stretch. It almost seems like you were on the Clinton advisory team when they decided to put out the defense, "it depends on what the definition of the word 'is' is".
So, you slather on this nonsense and it just seems to ramble. What IS your point??? Are you suggesting that an electronic speedometer does not meet the legal definition of electronic? If so, just say it!! We have enough "devil's advocates" around here!!!
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ceola1
My thoughts exactly.
Is there any advantage to extending my appearance date so that by the time the officer has to write a statement or appear, its been almost a year since he wrote the citation?
In my TBWD is there any way to call out the C. D. M. and speculate D means dry because that was my thought as well. If the road was dry, how was my driving unsafe for the conditions? Never mind it was 60 in a 50, my measured speed wasn't what I was cited for, the conditions were. Or can I request from the officer/anyone (during discovery) to clearly define what he meant in the comments?
I would call the court and get the first freebee extension. Then, I'd call back and tell them I wanted to do a TBWD and have them send out the forms. Finally, I'd do the TBWD as close to the due date as reasonable. After that, you have to play it by ear.
Re: CVC 22350 Unsafe Speed when Conditions Were Caused by City's Sprinklers in Median
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EWYLTJ
I would call the court and get the first freebee extension. Then, I'd call back and tell them I wanted to do a TBWD and have them send out the forms. Finally, I'd do the TBWD as close to the due date as reasonable. After that, you have to play it by ear.
That is what I will do.
I called the police station and asked what was meant by C.D.M. and they told me it meant Clear, Dry, Moderate meaning his verbal reasoning for pulling me over because the road was wet (sprinklers) is already contradicted because on the citation it says the road was dry. Granted it was only a dispatcher I spoke to. Is there anyone more official I can talk to to get the meaning of CDM? Or will I have to request a copy of the officers citation to see what he wrote specifically?