@HonkingAntelope: Hey! Seems like I just have bad bad luck with cops these days.
I followed your advice and simply wrote "I am not guilty" on my TBWD on my 22350 violation. The officer submitted his declaration on august 3rd and I just picked up a copy of it today. Here it is:
"**I issued xxx the citation # xxx for traveling at an unsafe speed for conditions in violation of CVC22350. The speed of 61 mph is unsafe because xxx is traveling at a freeway speed on a city roadway and passing an extremely busy commercial strip mall with 5 unregulated entrances to west bound street. The high number of speed related accidents. No stopping signs posted on both sides of [street] and limited distance between signals.
Few questions/thoughts related to this case
1.) Would the standard 30-question(s) work on this case considering that :
a.) The officer has a *pretty* good sounding argument to present in court
b.) He's been a cop since 1993 = LOTS of experience. = Bad for me
[HA]A rebuttal for this one would be difficult in any case, but you'll at least have a better chance if you prepare well and prepare ahead of time. A few points to consider... The ofc's testimony, if he shows up, will follow his declaration quite closely, if not word-by-word.
[HA]All of it serves to just sell the conviction, but it can be used to your advantage. For example, the guy wrote "The view from this location has no obstructions for 1250 feet. The weather was clear with light traffic" He's just trying to prove that there's absolutely NO WAY he could've mistakenly nailed someone else's car because his hands were shaking from drinking a fifth of vodka the night before. He won't even bother to mention that it was broad daylight, there was not a single other vehicle in the vicinity, and the fact that the driver of the "speeding" vehicle must have had at least a quarter of visibility, which MIGHT have made it safe to travel at 15mph above the posted limit. It is up to you, as the defending attorney to cast the reasonable doubt.
[HA]Likewise, 61mph as freeway speed doesn't pass muster, either. No one in their right mind drives at 61 mph on the freeway when the traffic is light. Besides, unregulated entrances are readily apparent to any driver who is not driving under some serious influence, and would be particularly known to anyone who lives in the area or drives on that street regularly.
[HA]It's possible that the officer personall wrote up a bunch people for rear-end accidents and now goes around claiming there is an epidemic of speed-related crashes, but otherwise "The high number of speed related accidents" is hearsay. It's worth calling him out on it, in any case. If there really was an unusually high accident rate recorded by the speed survey, it would have listed as a justification for reducing the limit to 40mph as opposed to the current limit of 45mph suggested by the critical speed of 46.9mph.
2.) The spot that I was clocked in at 61 is a DOWNHILL segment of road that comes in directly from the freeway -- and in my opinion it was perfectly safe to travel at that speed due to light traffic / road conditions. Perfect spot for catching speeders also.
[HA]One could also argue that it takes a very attentive driver to keep the speed under control on a downhill grade
3.) The OFFICER might have made a mistake on the cover page of his declaration.. the "The offense(s) were NOT committed in my presence" box is checked. Doesn't this statement CONTRADICT EVERYTHING he's said? (How can you describe the incident if it was never commited in your presence??)-- my guess is that the judge is going to overlook this and find me guilty, then when I declare a "Trial De Novo", this technicality (if it is even one) will be completely ignored since it is indeed a "New Trial"
[HA]You probably won't get an outright dismissal from it, but you might be able to get a good shot or two out of it to chip away at his credibility.
4.) Lastly, What are my options guys? do I have a shot at this? I got anally-raped last time I was in court, not to mention the judge RAISED the price. This ticket already cost $418 and I'd HATE to have it increased even further.
[HA]Did you file an appeal?
I got ANOTHER ticket 2 weeks ago for not completely stopping at a stop sign. The fine was a whopping $310. This was 7:15 in the morning WITH NO CARS etc. Ridiculous. Anything I can do to fight this thing?
, I just renewed my insurance also but I did not see a rate increase ? Is it going to effect my next renewal?
[HA]I would recommend starting to pay more attention to your driving habits and, more importantly, vehicles/bikes painted black and white with red/blue lights on them around you.
As always: thanks for the info.