35 in a 30, Cited CVC 22349(A) Wrong Code

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

I was cited for speeding in a 30 MPH zone. the ticket reads as follows:
speed approx 35 P.F./MAX. SPD. 30 SAFE 30 RADAR 37
Code and section 22349(a) v.c. speed

CVC 22349(a) reads: Except as provided in section 22356, No person may drive a vehicle upon a highway at a speed greater than 65 miles per hour.

Question:

Was I cited for the wrong code and is this grounds for dismisall?

Should I do a trial by declaration so not to give them time to ammend?

should I get a lawyer?

How can I beat this??

I cannot afford to get another ticket. Any help is much appreciated
Thank you,

Richard.

Call the court once every few days and file a request for TBD as soon as the ticket is in the system. You will have to post the bail amount, though. Alternatively, find out if you can see the judge for the arraignment and get it tossed out there and then.

Even if the officer does file a correction, you have a really good case at beating the ticket unless the traffic was heavy and it was also pouring rain at night.

what is the TBD exactly? Is it basically court by mail? On the form will I plead not guilty and state the reasons why? or will I still need to tell that to the judge?

What do I expect to see and do through this process exactly? Sorry I have never gone this route. And i just want to know what to expect timeline wise and what to say and not to say.

BTW conditions that day:
Traffic: Med
Visibility: Clear
Roadway: Dry
Lighting: Day
Area: Bus.

little more info, I was entering a small town at the bottom of some mountains,
and as you make a swooping right turn onto the main street the speed limit is reduced down to 30 from 55 in the mountains, and she pulled me over approx. 200 yds from the turn as I was still decending in speed. there was a motorcycle who was directly in front of me the whole way until he pulled into a chevron that was directly in front of where the officer was parked (opposite side of street) she was facing the chevron, she was parked on the right side of the street, chevron is on the left. so the motorcycle had slowed to way below 30 to pull into the chevron in front of her, as well as I did i don"t know where she clocked me at!
sorry about the ramble.
thank you,

Richard.

Quote:

---

Quoting vetkllr

---

what is the TBD exactly? Is it basically court by mail? On the form will I plead not guilty and state the reasons why? or will I still need to tell that to the judge?

What do I expect to see and do through this process exactly? Sorry I have never gone this route. And i just want to know what to expect timeline wise and what to say and not to say.

BTW conditions that day:
Traffic: Med
Visibility: Clear
Roadway: Dry
Lighting: Day
Area: Bus.

little more info, I was entering a small town at the bottom of some mountains,
and as you make a swooping right turn onto the main street the speed limit is reduced down to 30 from 55 in the mountains, and she pulled me over approx. 200 yds from the turn as I was still decending in speed. there was a motorcycle who was directly in front of me the whole way until he pulled into a chevron that was directly in front of where the officer was parked (opposite side of street) she was facing the chevron, she was parked on the right side of the street, chevron is on the left. so the motorcycle had slowed to way below 30 to pull into the chevron in front of her, as well as I did i don"t know where she clocked me at!
sorry about the ramble.
thank you,

Richard.

---

TBD = Trial by Written Declaration. The main goal here is to 'lock in' the charge so that it's a bigger hassle for the court to amend the citation. Once the ticket is in the system (assuming it's uncorrected), I strongly recommend driving down to the court and filing the request for TBD. Once you file it, you will get the paperwork with the instructions and forms to fill out. On the form, there are only two fields that you need to fill out. The first one is your current mailing address. The second one is the statement of facts, where all you write is "I am not guilty." and leave it at that. It takes all of five minutes to do, and you can file the filled out paperwork on the same trip.

Gotcha! Well it happened on Sunday I will call the court when they open today (tuesday). So what happens after that? I assume they will schedule a court date where I will face the judge and the officer and then I will explain that I am "not guilty as charged", and charged being; driving in excess of 65 mph on a highway, in which I clearly was not. Am I on track so far?
and thank you I am very greatfull for all your help.

on a different note can I ask for an extension at the hearing?
Here's the deal tomorrow (tues. morn.) I go to court on different citation but after finding out all this information, I would like some more time to prepare a defense. I have since lost my copy of the ticket and don't know what CVC I was cited for. I have even considered hiring a lawyer to help me with this ticket. I really don't want any of these tickets on my record! tomorrow is not an arraignment it's the actual trial.

Well the ticket has finally been processed and the fine is $273.00. im on my way to do a TBD. After doing so I will still have to go back to court and face the judge and officer right?
what is the PC term for grounds of dismissal? On what grounds should I ask for a dismissal?

Thank you,

Richard

There is no need to do a TBD. Call the court and ask when they do traffic arraignments. Go to an arraignment asap and when the judge asks how you plea, tell him not guilty and you move for a dismissal based on the fact that the prosecution has not established a prima facie case. Show the ticket to the judge and it should be self explanatory.

Sounds good, but my ticket just got to the court and my arraignment is april 14th, next wed. should i wait for that arraignment or just go ahead and do the TBD. then go back to court and plead my case?

Richard.

Go to court on the 14th and tell the judge what I said above.

EWYLTJ, Thanks, I will do that! I went to the court house today and paid the fine since it was due by the 14th. I did fill out a TBD and turned it in like honkingantelope said, but the clerk had a confused look on her face and I wasnt sure about leaving it there so we started talking and she told me that there would'nt be anything else to do, that was my whole argument " I am not guilty" she told me that the judge would look at my statements of facts then the officers statements of facts and make a decision and there would be no day in court. and I didnt think " I am not guilty" would cut the mustard! so I kept the TBD.
So what i will do tomorrow is stop at the court house and tell them I will just keep my court date on the 14th. I just hope the officer does not notice her mistake and correct the ticket.

Richard.