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  1. #41
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    Default Re: Vc 22350, Downhill, Two Lanes, Multiple Motorcycle Cops

    Quote Quoting koutarou
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    Is there any laws I can cite that the traffic survey or citation / cop is breaking?
    Aside from 40801 and ma be one other code section in that group, no there are none that will do ou an good. Besides, you're not going to gain anything by claiming the officer was wrong in running a speed trap, the point you want to make is that it was a speed trap and any evidence is inadmissible.

    And ^that can be easily accomplished by simply reciting some of the code sections from 40801 through 40808.

    To find case law citations that are relevant, you take whatever code section number you found to fit the bill in your case, go to www.scholar.google.com, search for that code section, read a few cases and cite them accordingly.


    Quote Quoting koutarou
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    Since you all say I should mention how the survey makes no mention of the 5 MPH reduction. Trying to figure out how to word this...
    You simply start with the 85th percentile, you cite whichever section from the related MUTCD and the format it uses to take it ti the nearest/lower/higher 5 mph increment, and then you say that there are no additional reasons to justify the reduction.


    Quote Quoting koutarou
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    Should I say that the ticket may constitute for CVC 40802(a)(2)? Or is that not correct?
    That's not a complete sentence, is it?


    Quote Quoting koutarou
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    Also, forgot to mention how to officer made no mention of the current traffic or weather conditions on the citation. (It's one of those white citations that they print out, has no boxes for traffic flow or weather conditions).
    There is no requirement to disclose those on the citation. That comes through discovery or through testimony!

  2. #42

    Default Re: Vc 22350, Downhill, Two Lanes, Multiple Motorcycle Cops

    Ah, I see... okay. So with all that, can you guys review my revised letter? Located here: http://www.mediafire.com/?i1ghznp7aj6lb40

  3. #43
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    Default Re: Vc 22350, Downhill, Two Lanes, Multiple Motorcycle Cops

    That's the same one you posted last night...

    I say you still need a few case law citations.

    Google Scholar is only a few clicks away...

  4. #44

    Default Re: Vc 22350, Downhill, Two Lanes, Multiple Motorcycle Cops

    Quote Quoting That Guy
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    I say you still need a few case law citations.
    I don't know how to do that... Not even sure what I'm looking for on Google Scholar o.O..... I put in the CVC codes and I'm looking through old cases but not even sure what to cite or how to word that citation in the TBD. And how do I even know if the defendant won the cases I'm looking at?

  5. #45
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    Default Re: Vc 22350, Downhill, Two Lanes, Multiple Motorcycle Cops

    You seriously want someone to write your declaration for you?


    Quote Quoting koutarou
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    I don't know how to do that... Not even sure what I'm looking for on Google Scholar o.O..... I put in the CVC codes and I'm looking through old cases...
    I've already explained that part here:

    Quote Quoting That Guy
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    To find case law citations that are relevant, you take whatever code section number you found to fit the bill in your case, go to www.scholar.google.com, search for that code section, read a few cases and cite them accordingly.

    Quote Quoting koutarou
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    ... but not even sure what to cite or how to word that citation in the TBD. And how do I even know if the defendant won the cases I'm looking at?
    Oh come on now.... Look at the way I cited People v. Cooper... Look at the way Quirky cited People v. Wilson...


    You have to read the case (as in "put in some time and effort into this instead of having it all handed to you"), see if the argument worked in the defendant's favor... If so, then you cite that line or paragraph by including it in your declaration and by referencing the case name from the way it is titled on Google. There are plenty of citations that will work in your case! You just have to look for them...

  6. #46

    Default Re: Vc 22350, Downhill, Two Lanes, Multiple Motorcycle Cops

    Wasn't trying to get someone to write my declaration for me, I honestly have no idea how to cite a case. This is the first ticket i'm fighting against.

    Thank you for the information.

  7. #47
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    Default Re: Vc 22350, Downhill, Two Lanes, Multiple Motorcycle Cops

    Quote Quoting koutarou
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    Wasn't trying to get someone to write my declaration for me, I honestly have no idea how to cite a case.
    Don't take offense to what I said... That comment was just the added bonus. Meaning, if someone wrote up a declaration and posted it here for you, you wouldn't refuse it, would you?

    Point is, the only way you can "earn" a dismissal is if you "work" for it... And if it helps you get a clearer understanding of the law, well, that's all for the better!

    And personally, I don't like writing anything for anyone simply because it is not my case... And I can make a blatant mistake without realizing it and end up losing the case... I would rather have you lose your own!


    Quote Quoting koutarou
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    This is the first ticket i'm fighting against.
    Something tells me it won't be the last... As in you sound young and you still have quite a few years of driving ahead of you!

  8. #48

    Default Re: Vc 22350, Downhill, Two Lanes, Multiple Motorcycle Cops

    So... looking at some of these cases, even if I mention how the posted speed is too low, couldn't the officer try to charge me with CVC 22348 instead? Which might result in me loosing regardless?

  9. #49
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    Default Re: Vc 22350, Downhill, Two Lanes, Multiple Motorcycle Cops

    Quote Quoting koutarou
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    So... looking at some of these cases, even if I mention how the posted speed is too low, couldn't the officer try to charge me with CVC 22348 instead? Which might result in me loosing regardless?
    Its not a cat and mouse game where the can keep charging you with different code section(s) based on what you testify to... The can either prove 22350 or the cannot!

    And why would the cop charge you with 22348 driving in excess of 100mph???

  10. #50

    Default Re: Vc 22350, Downhill, Two Lanes, Multiple Motorcycle Cops

    Quote Quoting That Guy
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    Its not a cat and mouse game where the can keep charging you with different code section(s) based on what you testify to... The can either prove 22350 or the cannot!

    And why would the cop charge you with 22348 driving in excess of 100mph???
    Ah, sorry. In another case on Google Scholar is said it was 55mph... weird. Maybe they wrote down the wrong CVC in the case.

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