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  1. #11
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    Default Re: "Speed Trap" Appeals Under VC 22350

    Quote Quoting quirkyquark
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    Thanks -- your outsider's perspective helped a lot.
    Glad I can help

    Quote Quoting quirkyquark
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    Absolutely. You know, stuff like this is what we'll all miss and be the poorer for if you go all "pro-defendant" on us!
    BLASPHEMY!!!

  2. #12
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    Default Re: "Speed Trap" Appeals Under VC 22350

    Update: On their own, the App. Div. refused to file and kicked the record back to the trial court.
    11/18/2011 Record Returned-Trial Court-APLT
    Filed by Clerk

    Hopefully this leads to things being made right. If the incorrect record is filed, then based on statements in tentative rulings like the below, I think it's best to do the "right thing" and petition for a writ of mandate to have the trial judge correct and settle the statement.

    Quote Quoting BR049175 RODRIGUEZ Ke D Ka
    We accept the statement on appeal as correct "because the trial judge is the final arbitrar [sic] of that issue. [Citations.]"

  3. #13
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    Default Re: "Speed Trap" Appeals Under VC 22350

    Quote Quoting quirkyquark
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    Hopefully this leads to things being made right. If the incorrect record is filed, then based on statements in tentative rulings like the below, I think it's best to do the "right thing" and petition for a writ of mandate to have the trial judge correct and settle the statement.
    Will you have to petition for anything? I mean isn't that the next step that he was required to do? And having it kicked back to him leaves him no option but to correct/settle and resubmit it accordingly?

  4. #14
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    Default Re: "Speed Trap" Appeals Under VC 22350

    Quote Quoting That Guy
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    Will you have to petition for anything? I mean isn't that the next step that he was required to do? And having it kicked back to him leaves him no option but to correct/settle and resubmit it accordingly?
    I contacted the Appellate Clerk to find out why they kicked it back, and the lady on the phone (who's looking at the same online status) said she didn't know. Your assumption is correct, I only hope that (a) that was among the errors pointed out (I was told usually numbering is incorrect, document is missing,etc. etc.) and (b) if so, the judge/trial court clerk fix that error the right way (by settling/hearing/etc.)

  5. #15
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    Default Re: "Speed Trap" Appeals Under VC 22350

    I was doing some research last night and happened to come across the following paragraph from People v. Stone, 190 Cal. App. Supp. 3d 1 - Cal: Court of Appeal 1987:

    Additionally, the People argue that we have only to look at section 40802, subdivision (b) to see that the Legislature did not intend the rules regarding the use of radar evidence to be universally applicable. The People note that section 40802, subdivision (b) specifically exempts "local streets and roads" from its definition of a speed trap.[9] Thus, they argue, it is apparent that 9*9 section 40801 et seq. cannot be construed to apply to violations of a local municipal code. The People conclude that the trial courts did not err in admitting the officers' testimony into evidence without the production of engineering and traffic surveys.
    Sound familiar?

    I don't know whether the rebuttal offered by the court would be pertinent to your case in any way or if it can be of any help to you at this point, still, I thought I'd mention it!

  6. #16
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    Default Re: "Speed Trap" Appeals Under VC 22350

    ^^^^ Thanks! I'd read this at some point but the reminder really helps. It's helpful if only to heap more scorn upon the judge's reasoning!

    Has your trauma over your CHP betrayal subsided enough to let us know the details?

  7. #17
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    Default Re: "Speed Trap" Appeals Under VC 22350

    Quote Quoting quirkyquark
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    ^^^^ Thanks! I'd read this at some point but the reminder really helps. It's helpful if only to heap more scorn upon the judge's reasoning!
    No problem... I was picturing (maybe even hoping) your reply to be in the form of "Holly Cratt, that District City Attorney is the same guy as my judge"!!!

    Quote Quoting quirkyquark
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    Has your trauma over your CHP betrayal subsided enough to let us know the details?
    Uhm, yeah... I think.... I think I'm ready to talk about it... Maybe.....


    LOL... Actually, I've requested and received a copy of the most current E&T survey (yes, it was indeed a sppuh... A Sppppuhhh... A SPEEEDING Ticket)

    I will likely scan it and upload it later on tonight... Then I'll type up the basic details and hope for some input...

  8. #18
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    Oct 2011
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    Default Re: "Speed Trap" Appeals Under VC 22350

    Just read through everything again since it looks like I have to do this procedure as well. I have a feeling the electronic recording won't exist when I ask the clerk.

    Quirky, are you going to show up for the oral argument portion of the appeal? Or do you think you can build a strong enough case through the briefs that you won't have to appear?

  9. #19
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    Default Re: "Speed Trap" Appeals Under VC 22350

    Quote Quoting That Guy
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    No problem... I was picturing (maybe even hoping) your reply to be in the form of "Holly Cratt, that District City Attorney is the same guy as my judge"!!!
    Hahaha, sadly, the judge was even dumber. Remember, he started from the position "Speed traps don't apply inside city limits!"

    Quote Quoting That Guy
    View Post
    LOL... Actually, I've requested and received a copy of the most current E&T survey (yes, it was indeed a sppuh... A Sppppuhhh... A SPEEEDING Ticket)
    Hey, happens to the best of us. Maybe I'll play prosecutor on this one

    Quote Quoting groove502
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    Quirky, are you going to show up for the oral argument portion of the appeal? Or do you think you can build a strong enough case through the briefs that you won't have to appear?
    EVERYTHING must be in your briefs. DO NOT depend on the oral argument, because (1) things are usually decided at that point (because of the 90 day constitutional limit on decisions) and (2) it's 5 minutes apiece. Most just skip the oral stage.

  10. #20
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    Default Re: "Speed Trap" Appeals Under VC 22350

    Time for the latest updates in this ongoing saga...

    When I last checked in, the appellate division had kicked the record back to the trial court for an unspecified reason.
    Hoping that was to correct THE problem was a false hope...turns out the reason was that the trial court DIDN'T serve the record on the City Attorney. Although the final record was filed on 11/29, it didn't update on the website until 12/8, when the notice of opening brief due dates was sent out.

    Anyway, the LASC App. Div. is big on "the trial judge is the final arbiter of correctness of the statement on appeal"--didn't want to take a risk, and I wanted to try to get the judge smacked down by the app. div. So I prepared and filed a writ petition. The APP-151 form you must usually use is a PITA once you've written a few legal documents, and my experience using it in my other case (demurrer) wasn't a good one. For good cause, you can file a regular petition, so I did. It's probably overdone, at ~4,250 words (infraction briefs are limited to 5,100 words, except for good cause), but hey, I did it as much for the result as for the experience.

    Also, got the laser calibration certificate via public records request from the LAPD. From a private entity, etc. In case anyone needs to get anything from the LAPD, here's my original request and the nastygram after I was told on the phone, 14 days or so after the request was received, that it might be a week or two or three... (the nastygram worked.)

    Filing the petition in the Stanley Mosk Courthouse was also educational. Since writs are technically civil matters, even if related to a criminal matter, you need to file it with the Civil Division, who require you to use the LASC's "Civil" cover sheets/addendum even though they contain no reference to criminal matters whatsoever.

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