Please post your thoughts:
Dear Your Honor,
I would like to contest this citation by first saying that after reviewing the evidence I believe that it was made in error. I believe the leading edge of the vehicle was 100% past the limit line at the time the light changed red.
I would also like to say that at this particular intersection there has been a change in the configuration of the cameras to target the right turn lane (Northbound Mills Road to Telegraph Road). When this targeting change took place there were not signs posted for 30 days nor warning tickets given.
Furthermore, it is my understanding that our city of Ventura and its courts are being strong-armed into upholding a cost-neutral contract with Redflex. Please allow me to present to you as per California Vehicle Code: “A contract between a governmental agency and a manufacturer or supplier of automated enforcement equipment may not include provision for the payment or compensation to the manufacturer or supplier based on the number of citations generated”. This citation is in violation with the vehicle code.
Based on the above in its entirety I would like to motion that the citation be dismissed.
Thanks for posting the draft. Did you submit bail and get the TBD forms in the mail from the court already? Directly submitting a completed declaration with bail is NOT recommended. What is your appearance date from the courtesy notice?
tbd, you mean twd? Regardless I do believe I have all the forms the court is going to send me. The instructions in the courtesy notice tell me to pay by 11/03, and the twd is due 5 days prior, though they are sent to two places. Should I not send in the bail? I want to get everything sent in by this Wed. that I need to. Did my draft look okay? Thanks again
I don't know about Ventura County, but in LA directly submitting your declaration with the bail has resulted in BIG problems for people (I know of three cases on this forum). You're supposed to send bail with an "informal" request for trial by written declaration (TBD). The clerk will then mail both you and the officer the forms to be submitted within 25 days. That form is what you fill out and send in.
I'd recommend a couple of edits to your draft but let's make sure. You follow the right process first
I have just sent TBD's in before without the request (maybe a reason for not being successful), but you are right. I will send out the cert letter with a request first, that will buy a little time too.
I don't think I need an extension, but I did read somewhere that you do not need to say anything under "STATEMENT OF FACTS" on the request other than, "I stand by my plea of not guilty." Does this sound right?