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  1. #1
    Join Date
    Dec 2010
    Posts
    4

    Default Successful TBD for a 22349(A): Win on Merits, or Sheer Luck

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

    Labor Day weekend, US 101 N, Marin County, LIDAR trap @1000 feet. Ofc cited for 22349(a) (80/65) and 16028(a) (covered, but insurance card had expired the previous week). I deliberately got my mid-October appearance date continued 30 days (phone call) so I could hit them with the TBD request just before the Thanksgiving holiday.

    I wrote up a long defense based on potential mis-identification of my car (wrong color entered on citation, and I had been passed by a "wrong color" car of same make/model) and confusion about which lane I was driving in (ticket says #2, but I was in the right lane of five). I also realized that there must have been two officers involved since the reading was taken from an overpass while the chase car was parked along an access road 1/4 mile downstream. I asked for the case to be thrown out if the citing ofc did not directly observe the violation and the "invisible partner" failed to submit a supporting statement.

    I mailed my declaration the week before Christmas. Just today I got a 1-page "decision and notice of decision" from the court dismissing both charges and promising a full refund within 90 days. Yay!

    Naturally I'm happy about this--almost too happy. It just feels good to beat the system every now and then. But I am curious HOW I won, especially as LIDAR and 22349(a) are supposed to be tough to defend. I suppose the officer just failed to submit paperwork, particularly since I made it harder for him by choosing the hectic holiday season as my battleground.

    Any way I can tell for sure? Should there be any difference in the decision form if you win on the merits vs by default? They checked the 'dismiss' box rather than the 'not guilty' box, but I have no idea if that means anything...and there are no other notations on the form.

  2. #2
    Join Date
    Apr 2009
    Location
    SF Bay Area
    Posts
    625

    Default Re: Successful TBD for a 22349(A): Win on Merits, or Sheer Luck

    Most likely one or both of the officers didn't file their replies. You can always call the court and ask.

  3. #3
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Successful TBD for a 22349(A): Win on Merits, or Sheer Luck

    Quote Quoting cantare
    View Post
    Should there be any difference in the decision form if you win on the merits vs by default?
    Makes no difference as far as your driving record is concerned.

  4. #4
    Join Date
    Dec 2010
    Posts
    4

    Default Re: Successful TBD for a 22349(A): Win on Merits, or Sheer Luck

    Quote Quoting That Guy
    View Post
    Makes no difference as far as your driving record is concerned.
    Nope...nor my wallet neither! :-) Pure curiosity, this. I guess I'm asking, do successful TBDs adjudicated on the merits typically receive "not guilty" findings, or are they simply dismissed as well?

    I did think to call the court, and then thought maybe I should leave well enough alone...irrational, I suppose.

  5. #5
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Successful TBD for a 22349(A): Win on Merits, or Sheer Luck

    I would chalk it up to your outstanding arguments made .. I would expect the judge to call you and ask you over for dinner to pick your brain....really, if you want to find out if the cop did not file anything then you'll need a trip down to the courthouse.

    I would recommend you do this & find out for next time. Now, go buy a laser jammer with the $$ you saved.

  6. #6
    Join Date
    Apr 2009
    Location
    SF Bay Area
    Posts
    625

    Default Re: Successful TBD for a 22349(A): Win on Merits, or Sheer Luck

    Quote Quoting cantare
    View Post
    Nope...nor my wallet neither! :-) Pure curiosity, this. I guess I'm asking, do successful TBDs adjudicated on the merits typically receive "not guilty" findings, or are they simply dismissed as well?

    I did think to call the court, and then thought maybe I should leave well enough alone...irrational, I suppose.
    The common wisdom around here is that TBDs nearly always get rubberstamped with a guilty verdict whenever the officer files even a semi-coherent reply. As for not guilty vs dismiss order, I wouldn't read too much into it. Seeing how I never heard of a traffic case being dismissed and then re-filed, it really doesn't matter.

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