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  1. #1
    Join Date
    Feb 2010
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    CT & IL
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    Default Re: C Vc22350 Mistake in Officers Written Dec and Traffic Survey (Ets);trial in Week

    The officer has conflicting facts stated regarding the pace. First he says 1.5 miles, then when he pulled up to your vehicle, you pulled over...appears as if a proper pace did not occur.

    Additionally, the speedometer calibration does not appear to be valid. No certificate of calibration is shown, just a legal conclusion that it was calibrated. And a police officer hardly has the skills needed to perform such a calibration nor the equipment to do one. I know what they do...they drive around at various speeds and use their RADAR/LIDAR to check the speed by which the vehicle is going. However, the RADAR/LIDAR is not designed to perform this task.

    Of course, the officer's statement can be used to impeach him at trial...if he shows up.

  2. #2
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    Jan 2012
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    Bay area CA
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    Default Re: C Vc22350 Mistake in Officers Written Dec and Traffic Survey (Ets);trial in Week

    I did receive a copy of the speedometer calibration (though technically I feel it is lacking but oh well) along with the lidar and training certs per my discovery request. However he did not included a copy of it with his written declaration, and I did Not submit a of copy of it with my written statement, so I don't know if it is actually entered into the record. Could I ask him at trial to produce the copy and if he does not then call him on it?
    So the speed trap/ETS defense is out, what about the wrong name on his dec? Also he states I passed him doing 15mph over the limit and he then followed me.
    but im not so blind that I dont know when I blow past a CHP on the highway, especially since I know was not not passing anyone on the 101 at ~70mph.

  3. #3
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    Aug 2011
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    Default Re: C Vc22350 Mistake in Officers Written Dec and Traffic Survey (Ets);trial in Week

    Quote Quoting 98redrang
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    So the speed trap/ETS defense is out...
    Please post a copy of EVERYTHING as multiple "experts" have requested. Include the ticket (which you say has radar/lidar checked), the TR-2xx form which contains the officer's declaration and the speedometer calibration.

    If there is even a hint of radar/lidar use, case law strictly holds that the speed trap laws apply. If the same 3-page survey you posted is produced at trial, it's inadmissible because it contains none of the raw data.

  4. #4
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    Mar 2009
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    LA LA Land
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    Default Re: C Vc22350 Mistake in Officers Written Dec and Traffic Survey (Ets);trial in Week

    Quote Quoting quirkyquark
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    Please post a copy of EVERYTHING as multiple "experts" have requested. Include the ticket (which you say has radar/lidar checked), the TR-2xx form which contains the officer's declaration and the speedometer calibration.
    And of course as we always say, redact all personal information before you upload and post.


    Quote Quoting quirkyquark
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    If there is even a hint of radar/lidar use, case law strictly holds that the speed trap laws apply.
    Agreed...

    Quote Quoting quirkyquark
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    If the same 3-page survey you posted is produced at trial, it's inadmissible because it contains none of the raw data.
    Without the hint mentioned above, no survey is required!

    And just to be clear, a scribble in the Radar/Lidar/Patrol Vehicle number Box on form TR-130, is not necessarily indicative of Radar/Lidar use, if it resembles a number, it could also be referring to the "Patrol Vehicle Number" thereby referencing the speedometer used during the pace. Just saying...

  5. #5
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    Aug 2011
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    Default Re: C Vc22350 Mistake in Officers Written Dec and Traffic Survey (Ets);trial in Week

    ^^^^ Thanks for the redactiOn reminder and the clarifications, TG---absolutely correct. If it turns out that there was no radar/lidar, we'll try to parse the statement to come up with possible cross-examination questions for pacing, but it'll be an uphill climb...

  6. #6
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    Jan 2012
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    Bay area CA
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    Default Re: C Vc22350 Mistake in Officers Written Dec and Traffic Survey (Ets);trial in Week

    I have upload more documents. the radar boxed is checked, lidar underlined with a unit#,PV# is also given and he wrote 75 paced below.

    AS a side thought:
    since I know I did not pass him on the highway, I bet he gunned me but then states the 'pace' method to get around the speed trap requirement. at 200 feet back on the 101 it would be impossible with the 101 traffic to keep eyes on me. One reason I felt the ticket was 'fishy'

  7. #7
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    Aug 2011
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    Default Re: C Vc22350 Mistake in Officers Written Dec and Traffic Survey (Ets);trial in Week

    Given the underlined part, and the serial number, he is definitely in trouble.

    When is your trial (date)?
    And how far are you from Monterey?

  8. #8
    Join Date
    Nov 2007
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    Northern California
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    Default Re: C Vc22350 Mistake in Officers Written Dec and Traffic Survey (Ets);trial in Week

    That speed survey for that part of the US-101 that you are referencing in valid and has been held up in the Marina Traffic court for years. The 5 MPH lowering of the speed comes from numerous hills, curves, and cross traffic, not to mention the Sunday traffic nightmare caused by the Red Barn and all the illegal u-turns made by southbound traffic. Then semis eastbound on ...I think it's Dunbarton Road right across from the red barn. Overloaded big rigs stall all the time southbound at Echo Valley. Not to mention there in now a huge amount of construction in the area north of Salinas. If traffic commissioner Martin is still hearing the traffic cases, you will lose on an ETS argument. To put it quite frankly, the junior officer usually gets stuck with that area to patrol, because of the crashes.

  9. #9
    Join Date
    Jan 2012
    Location
    Bay area CA
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    25

    Default Re: C Vc22350 Mistake in Officers Written Dec and Traffic Survey (Ets);trial in Week

    Quote Quoting sniper
    View Post
    That speed survey for that part of the US-101 that you are referencing in valid and has been held up in the Marina Traffic court for years. The 5 MPH lowering of the speed comes from numerous hills, curves, and cross traffic,
    I travel extensively through out the state of CA... the 'hills' & curves in the road here are not 'hidden' and as roads go this section is does not even come close to ranking as bad or dangerous, I have white knuckled much worse in the real 'hills' up north and east.
    Quote Quoting sniper
    View Post
    Not to mention the Sunday traffic nightmare caused by the Red Barn and all the illegal u-turns made by southbound traffic. Then semis eastbound on ...I think it's Dunbarton Road right across from the red barn. Overloaded big rigs stall all the time southbound at Echo Valley. Not to mention there in now a huge amount of construction in the area north of Salinas.
    if traffic is heavy the speed limit is self limiting i.e. its impossible to go 75mph on any of the bayarea freeways at 5pm. That section of road is no different then the other FREEWAY parts of 101 that have the higher limit....save for the unlimited access which politically cant be changed thus I think you need to have an ETS, which does say the speed should be higher.
    In the ETS The 'public' asks for and the CHP concurs with a lower speed...can anyone point to case where the 'public' or CHP asks for a HIGHER limit??
    Quote Quoting sniper
    View Post
    If traffic commissioner Martin is still hearing the traffic cases, you will lose on an ETS argument. To put it quite frankly, the junior officer usually gets stuck with that area to patrol, because of the crashes.
    do the junior officer usually show up at court?
    does commissioner martin listen and judge fairly, or does he rubber stamp guilty?

    I find the ETS to be woefully lacking in technical and statistical data, but can you shed light on the numbers given? what do they actually mean and how does that figure into setting a limit?

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