My question involves a speeding ticket from the State of California.
I just got a speeding ticket under the code CVC 22349 (a), which states that "except as provided in Section 22356, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour". The officer cited me speeding at 71 mph and cited 65 mph as the max speed limit (prima facie). That would mean I was "technically" cited for going 6 miles over the speed limit. And yes, I was caught by radar.
But here comes the twist... The location I was cited at is actually not a highway or labeled as such (it's labeled as Eight Mile Road). It is a road on the outskirts of town, with one lane in each direction. Also, the part that throws me off is that the posted speed limit is actually lower than what the officer stated as 65 mph. It is actually 55 mph... I'm wondering if this will help me or hurt me that the officer cited the incorrect speed limit.
With that being said, I want to contest and do a Trial by Written Declaration (TBWD) and would really love any feedback, advice, and support you guys can give me! I am terrified I might lose and I would really like any help I can get to build a strong and intellectual case.
These are my recollections:
-Very light traffic (almost none at all), with another vehicle approximately 20-25 feet ahead of me going the same direction
-Weather was clear and dry
-There was another officer driving the patrol car; the citing officer was the passenger
-I did not admit to speeding whatsoever...even when the officer asked if I knew why I was stopped
-At the end, however, when he gave me my ticket, I did freak out and tell him I needed to pee really badly because I've been getting horrendous abdominal pains from a preconceived bladder infection that has been left untreated and I thought it was unsafe to pull over in the middle of nowhere to pop a squat (not the brightest idea I've had but it's actually all true, haha, but I regret even saying anything at all)
-However, I did actually get the results of my bladder infection and turns out I actually did have one (even though I don't know how this would even help me in this case -- should I even add this into my case?)
-When I finished with the above explanation, citing officer asked then if I knew I was speeding in response to my dying urge to pee, which I did not give a 'yes' or 'no' answer to -- I simply said I was not looking at my speedometer during the occurrance
-Citing officer then told me I had to explain that to the judge and sent me on my way
With regards to CVC 22349 (a), how can I build up a good argument to win this case? What laws should I include in my statement that would help to disprove the violation? What steps should I take to begin this process of a Trial by Written Declaration?
Also, would it hurt me to do a Discovery Request since that would alert the officer to prepare his own documents for the Trial by Written Declaration?
Another question... Would it be beneficial to have my court date extended, and then request for a Trial by Written Declaration during the extension period...in the hopes that the officer's memory is not up to par about the incident?
Thanks so much for reading and I truly appreciate everything that you guys can do to help me. I know there is information in here that anyone can mock me for, but I really encourage mature and intellectual responses.