Speeding on a Highway

My question involves a speeding ticket from the State of: California

I was cited by a Sheriff through a laser radar gun speeding with 77mph on a highway.. VC 22349 (a)
It was a clear Friday afternoon around 4pm. I believe I was actually just driving around 65-70. I already requested for several extensions which totalled up to 6months.. And finally had to appear in court by the end of the month... :wallbang:
There are cars beside me actually that are moving in the same speed..
i don't understand why of all people.. I was lucky enough to receive this golden ticket....
So, I'm hoping that someone can offer me an advice on how to work on this case....

I don't know much about CA traffic law, but I'll help what I can.

This is a contested hearing, correct?

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Quoting BrendanjKeegan

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I don't know much about CA traffic law, but I'll help what I can.

This is a contested hearing, correct?

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Correct it is.. I requested to appear in court to defend my case. Apparently, I was unaware before of the TBD.. Hence, I requested for a court apperance instead.. sheeesh..

Speed limit indicated by the citing officer was 65mph...

So, anybody?

Okay. So, first of all you should file for discovery. Get a copy of the ticket, the SMD (speed measuring device) that the officer was using, and a copy of the officer's sworn statement.

In washington state, you can file for discovery under IRLJ 3.1b. Do some internet research and see if California has any Infraction Rules for Courts of Limited Jurisdiction. That's where washingtonians can find any technicalities on the ticket that seem to be unjustifiable (i.e. wrong color of car, officer's handwriting is bad, not filed within 5 days).

I think you may have to conduct research in the California Code of Civil Procedure. http://law.justia.com/california/codes/ccp.html That may point you in the right direction.

I highly recommend getting a copy of the officer's sworn statement. Many state courts within the U.S. have taken judicial notice that radar works provided that it has been checked by a qualified operator BEFORE and AFTER the arrest, and that the testing unit itself is properly calibrated, undamaged and checked within a reasonable amount of time by a qualified facility. But that's just radar.

Another way of research could be going to caseclerk.com and doing some case law research, but that won't help much unless you have a stomach for legalese.

Anyway, let me know about any questions you may have.

Brendan

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Quoting BrendanjKeegan

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Okay. So, first of all you should file for discovery. Get a copy of the ticket, the SMD (speed measuring device) that the officer was using, and a copy of the officer's sworn statement.

In washington state, you can file for discovery under IRLJ 3.1b. Do some internet research and see if California has any Infraction Rules for Courts of Limited Jurisdiction. That's where washingtonians can find any technicalities on the ticket that seem to be unjustifiable (i.e. wrong color of car, officer's handwriting is bad, not filed within 5 days).

I think you may have to conduct research in the California Code of Civil Procedure. http://law.justia.com/california/codes/ccp.html That may point you in the right direction.

I highly recommend getting a copy of the officer's sworn statement. Many state courts within the U.S. have taken judicial notice that radar works provided that it has been checked by a qualified operator BEFORE and AFTER the arrest, and that the testing unit itself is properly calibrated, undamaged and checked within a reasonable amount of time by a qualified facility. But that's just radar.

Another way of research could be going to caseclerk.com and doing some case law research, but that won't help much unless you have a stomach for legalese.

Anyway, let me know about any questions you may have.

Brendan

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Branden, while your participation is encouraged and I am sure appreciated, it would serve you best (and more importantly the people posting here for opinions) to offer pertinent/valid information that is based on the OP's state laws. In this case, the OP is in California and therefore Washington laws/court procedures are NOT, by any means, applicable. Here are some FACTS for California:

• There are no "sworn officer statements". The officer will either submit a written declaration (if the defendant were to plead not guilty and request a trial by declaration) OR appear in court and testify in person if the defendant were to plead not guilty and request an in court trial. So, in the first example, the officer's "declaration" is not part of what can be requested through discovery; and it is presented to the court (not the defendant) after the entry of plea and as part of the trial. Although the defendant can request a copy of the officer's "notes" via discovery.
• The California Statute allow up to a year for the citation to be filed in court (not 5 days).
• Traffic infractions in California are handled as Criminal matters so the California Code of Civil procedure is NOT applicable. One would have to research the Vehicle code, Penal code and the California Rules of court for applicable statutes and procedures.
  ...

punky8d,

You were charged with exceeding the MAXIMUM statutory speed limit on a highway:

22349. (a) Except as provided in Section 22356, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour.

.... therefore, and based on what you've posted, your defense options are fairly limited in scope. The officer will testify as to what he witnessed and how he was able to determine your speed; more than likely, he will present training certificates (Radar/LASER/LIDAR training) approved by the Commission on Peace Officer Standards and Training (POST), as well as calibration certificates of the speed measuring device he used at the time. You can cross examine him about his testimony and his qualifications but based on what you posted, two things are clear... One: arguments regarding the weather conditions/traffic & road conditions/safe speed are not viable defenses in this case (not for a 22349(a) violation) AND, two: "other cars were driving at the same/higher speed will not get you anywhere. You were charged with driving in excess of a MAXIMUM speed limit.

Again, based on what you posted, traffic school (assuming you are eligible in that you have not attended traffic school in the past 18 months) might be your best option.

Good luck!

That Guy,

I clearly stated above that I would help what I can and that I don't know much about CA traffic laws.

Of course the court rules for the State of Washington won't work in any other state, that's why I suggested that he look in the CCP. However, You have pointed out that traffic tickets in California are very different and aren't civil cases. I was only offering help.

With that said, I think I remember some case law from CA. People v. Difiore.

That Guy, you want to point Punky8d in the right direction from there?

Brendan

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Quoting BrendanjKeegan

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With that said, I think I remember some case law from CA. People v. Difiore.

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Yes, People v. Difiore is in fact a California speeding case, however, it relates mostly to California's basic speed laws relative to the state's speed trap laws as well as to Engineering and Traffic surveys none of which plays out in the case of a maximum absolute speed limit violation. So again, that case is irrelevant to the topic at hand.

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Quoting BrendanjKeegan

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That Guy, you want to point Punky8d in the right direction from there?

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I already have posted as much as I can in that regards. Thanks for your input though!

fact of the matter is washington people dont like california people and vice versa:-) However i think the ladies in California are much more attractive! That Guy, send some up for me would ya!

Well now, I wouldn't say that. It depends on what part of Cali. ;) Am I right?