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  1. #4
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    Default Re: 22350 VC - Excessive Speed, No Radar

    Quote Quoting samsonian
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    I just am banking off the fact that I have a 50% chance of getting my ticket dismissed if the cop does not show up.
    I wouldn't call it a 50% chance... Your mileage may vary...

    Quote Quoting samsonian
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    is this where I go to the court in question and pay the bail amount and plead not guilty for a court date? How would I get a copy of the officer's statement?
    No... I think HA was referring to you requesting and filing a "Trial By Written Declaration" and if you lose, you will receive notice of the decision, after which you can request a copy of the officer's declaration (his written "statement") from which you can attempt to plan a better defense as you prepare for the "Trial De Novo" (if you choose to take it that far).

    Quote Quoting samsonian
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    I am just trying to get a reduced fine and traffic school if the cop shows up.
    It is my opinion that your best opportunity to request a fine reduction, is presented to you at your arraignment (your first court appearance). And since the officer is not required to be there until the trial (assuming you plead not guilty and request a trial date), waiting to see if he shows up at the trial (your second appearance) and THEN asking for a fine reduction along with traffic school is less probable than you'd think.

    Quote Quoting samsonian
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    Is this feasible given I play the sympathy card with the judge and ask for traffic school so I can learn more about the rules of driving?
    As it stands right now (20mph over the limit), I see no reason why you would not be automatically qualified for traffic school... So no sympathy card should be required here. In fact, you may be able to take the traffic school option without appearing in court. However, add in the request for a fine reduction, and yes, your appearing before the judge and pulling the sympathy card is a must.

    Quote Quoting samsonian
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    If I plead guilty, will the judge be likely to dismiss my option to attend traffic school?
    You will have to plead "guilty" to afford yourself the traffic school option. Traffic school isn't allowed when you plead "not guilty"... In other words, you plead guilty, elect traffic school (and pay the fine amount + the traffic school administrative fee to the court), the court places your case on hold until a certain date when you have to complete the program. Assuming you submit the completion certificate to the court in a timely manner (most schools will automatically report completion to the court) then your case is dismissed.

    Quote Quoting samsonian
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    One last note. In the OP, I stated that the officer marked my car down as a 2 door (it was a 4 door sedan) and as gray (it was blue slate). The officer is trying to use his training as a "radar". Therefore his testimony is accepted.
    But if he can't get the # of doors correct while standing 1 ft away from the car (at a standstill) then how accurate could his estimate be at 50ft and moving?
    the color of your vehicle and/or the # of doors are not an element of the offense. Yes, they are included on the citation, and yet they are not required to be on there for the citation to be valid. For all intents and purposes, he could have left those areas blank and it would not effect the validity of the citation nor will it effect your guilt or innocence.

    Your "inattentive" argument has been tried and tested many times... And most, if not all the time, it has failed to provide a defendant with a plausible defense.

    As long as he has the correct driver's license number on the citation, then identifying you as the driver he pulled over after witnessing the violation would be sufficient

    Quote Quoting samsonian
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    It was dark and cloudy out so I would think that that's another hit on his crediblity? It's alot harder to judge distance when it's dark. Visual landmarks are harder to see, depth perception is lessened. Could I make a case off this?
    I'm not sure how "dark and cloudy" could affect his "credibility" or his ability to pace your speed (I'm assuming this was a "pace") all while he is inside his vehicle... The same analogy I offered with regards to his "attentiveness" applies here as well. You will have an extremely difficult time getting him to admit that his speed measurement was "uncertain".

    Good luck!

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