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  1. #1
    Join Date
    Jan 2012
    Location
    Bay area CA
    Posts
    25

    Default Re: Fighting a Speeding Ticket Based on ETS (Traffic Survey) and Officer's Mistake

    its indicated on the citation

  2. #2
    Join Date
    Aug 2011
    Location
    South-Central Cali
    Posts
    1,274

    Default Re: Fighting a Speeding Ticket Based on ETS (Traffic Survey) and Officer's Mistake

    Quote Quoting That Guy
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    I don't see a checkmark on Box 3 indicating: Engineering and traffic survey (ETS) not required per Vehicle Code section 40802, subdivision (b).

    (Note the "not required") and the lack of a checkmark is not indicative that one IS required or that the officer used Lidar!

    I do see a checkmark on box 4 indicating: ETS completed within five (5) years prior to date of alleged violation. And box 4.b. indicating: ETS on file with the court.

    But neither of those are indicative that he used Lidar or that he is required to produce a survey! Only that one is on file with the court!
    Yes, he gratuitously chose to inform the court that a survey was on file. AND that it was less than five years old. AND that it was also 7-10 years old (or something!) Maybe he was just in a box-checking mood, eh? How's that old ditty go: one, two, three o'clock, four o'clock, CHECK, a-five, six, seven 'o clock, eight 'o clock, CHECK....
    What else has he been gratuitously doing, hmm? Pre-underlining LIDAR on citations and even filling in the unit number, when he wasn't using it?

    And it seems like he forgot to (pre-)fill "Speeding (Infraction)" in the description box, and was so concerned about it that he sent out a notice of correction! That hardly sounds like the sort of officer who would check off lidar, or wrongly check off a box that "ETS not required", on a whim. And while he was correctin', why not fix the radar/lidar/pv number box "mistake" too?

    You can go on with your textual interpretations, but the context of the form clearly suggests that if box 3 is not checked, but box 4 and {box 5 or box 7} are, the speed trap laws apply. Unless, of course, there is some hitherto unknown VC section which requires that a valid ETS may be on file in the court, but then again, it may not!

    Quote Quoting That Guy
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    And I'm still not seeing it!
    To which Mr. Pothole Guy says..."then maybe you need your reading glasses, Pops!" j/k

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