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  1. #1
    Join Date
    Jul 2018
    Posts
    2,745

    Default Re: Trial by Written Declaration - 22349(B)

    Quote Quoting tonylefebre
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    1) Both the observation and the stop took place on the same stretch of 4-lane highway. The officer was parked in the median strip, between the N/B and S/B sets of lanes, while he made his radar observations. All along this stretch there are 4 lanes of traffic divided by a wide (I estimate at least 20 yards) median strip.
    2) According to the ticket "N/B US HWY 395 N/of Bootleg". This is in eastern California, somewhere south of Walker, CA.
    Are you saying you don't know where this happened beyond what the ticket says? There is a "Bootleg Campground" off the 395 about 10 miles south of Walker, and the 395 is a two-lane highway for most of that area. However, if you believe that it was not a two-lane highway, you're free to challenge the ticket. However...

    Quote Quoting tonylefebre
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    I was cited for going 77 MPH. Most of this section of highway is posted at 65, but on this stretch the limit was reduced to 55 (due to possibility of deer or bear
    on the hwy, according to the officer).
    You were admittedly driving 22 mph over the posted speed limit. What do you think you might accomplish by fighting this?

    I suggest you take care of this with traffic school if that is an option.

  2. #2
    Join Date
    Nov 2018
    Posts
    5

    Default Re: Trial by Written Declaration - 22349(B)

    It is true that I only know of the location due to what the officer wrote on the ticket. I was driving home to the Sacramento area from Bishop that day. I'd been on 395 for a while, and there are few landmarks that I would have taken note of while driving. All I can be certain of is that I was at least an hour or more out of Bishop. And I am absolutely certain that, wherever it happened, there were 4 lanes of traffic, two each way, separated by a wide median strip, and the officer was parked in the median strip, perpendicular to traffic, while he made his observation. I clearly recall seeing him, parked on my left, facing more or less east (tail to the S/B lanes, toward the N/B lanes), perpendicular to traffic, as I went past him, and he turned on his lights and pulled out a minute or two after I passed. It seems clear to me that I did not commit the violation I was cited for.

    Checking out the area in question, I agree that Google Maps seems to show this stretch as being only 2 lanes. As I mentioned before, I had been driving from Bishop that day (2nd day of a trip from southern Utah), and 395 has few landmarks that I would've taken note of while driving. I only have the info from the ticket to indicate where the stop took place. But I am positive that, wherever it was, 395 at that point was a divided 4-lane highway. The officer was parked in the wide median, on a sort of dirt lane that crossed the median, perpendicular to the lanes of traffic, and he was facing the N/B lanes. I saw him parked there as soon as I crested the hill, his car in the median to my left, and saw him turn on his lights and pull out in my rear-view mirror. I am sure the officer knows that he was parked in the median strip, using his radar gun. As to the question (from someone else) about what I hope to accomplish by fighting this, the answer should be obvious -- I am trying to avoid having to pay over $350, as well as the conviction.

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