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  1. #1
    Join Date
    Mar 2013
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    9

    Unhappy Commercial Driver's License and Speeding

    My question involves a traffic ticket from the state of: California

    I was cited for speeding [CVC 22349 (a)] while using my personal vehicle. Cop used Lidar and allegedly, I was going 79 on I-80. Traffic was light and I was following a car that was going about 55-60 mph in the second lane. I activated my left turn/passing signal, looked over my left shoulder and changed lanes to overtake the car. I went back to the second lane in a safe manner. I haven't had a ticket or accident for the past 5 - 7 years... Should I go the TBD route? I have the form for the TBD and the clerk extended my due date to sometime in May. Any suggestions to beat this ticket? I'm really strapped for cash but I guess I have to find a way to post bail.

  2. #2
    Join Date
    Mar 2009
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    LA LA Land
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    Default Re: Commercial Driver License and Speeding

    Quote Quoting R2TC
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    My question involves a traffic ticket from the state of: California

    I was cited for speeding [CVC 22349 (a)] while using my personal vehicle. Cop used Lidar and allegedly, I was going 79 on I-80. Traffic was light and I was following a car that was going about 55-60 mph in the second lane. I activated my left turn/passing signal, looked over my left shoulder and changed lanes to overtake the car. I went back to the second lane in a safe manner. I haven't had a ticket or accident for the past 5 - 7 years... Should I go the TBD route? I have the form for the TBD and the clerk extended my due date to sometime in May. Any suggestions to beat this ticket? I'm really strapped for cash but I guess I have to find a way to post bail.
    California does not have any provisions allowing a driver to exceed the speed limit while passing. In this case you were cited for exceeding the state's maximum speed limit of 65mph. You were clocked at 14mph in excess of the limit.

    Traffic conditions have zero impact here; whether you made a legal pass or not is not relevant as you were cited for your speed but not for an illegal pass, and I'm not sure what you could present in the TBD or in a live trial that will win the case for you.

    You can read this (extremely similar) thread "California Two Lane Highway, Exceeding Posted Liimit to Pass" for more detailed information but again, you really have stated nothing that even resembles a viable defense. You will find some information about new provisions allowing a CDL driver to take traffic school -if cited in his/her personal vehicle- to avoid the points however, the conviction will stilll appear on the driver's record.

  3. #3
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    Mar 2009
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    Default Re: Commercial Driver License and Speeding

    Quote Quoting R2TC
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    My question involves a traffic ticket from the state of: California
    Posting again in this thread to reactivate it at your request.

  4. #4
    Join Date
    Mar 2013
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    9

    Default Re: Commercial Driver License and Speeding

    Thank you, That Guy and for all the other posts. Here's my situation: I was cited for 22349(a). I did the TBWD; in my declaration, nowhere did I admit that I was speeding because I was not. I was still found guilty. I requested and was granted a trial de novo.
    I was able to get a copy of the Notice and Instructions to Arresting Officer and her Declaration. The Declaration was file-stamped two weeks after her return date; it was filed the same date the trial was scheduled. The judge took the case under submission a week after the trial date. I'm thinking of challenging the decision based on the clerk and officer not following CA Rules of Court 4.210(a) - minimum procedural requirements for TBWD & 4.210(b)(5) - After receipt of the officer's declaration, or at the close of the officer's return date if no officer's declaration is filed, the clerk must submit the case file with all declarations and other evidence received to the court for decision.
    Should I make any discovery requests now or do a "trial by ambush" and ask for the calibration log and POST training certificate of officer on the day of the trial? TDN is in three weeks. I would appreciate any reply.

  5. #5
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    Mar 2013
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    18,340

    Default Re: Commercial Driver License and Speeding

    I predict that you will not beat this ticket no matter what you do.

    Raising a technicality, calibration, and officer training will fall on deaf ears. The officer will testify to what you did and the judge will believe him.

    Good luck.

  6. #6
    Join Date
    Mar 2013
    Posts
    9

    Default Re: Commercial Driver License and Speeding

    Thank you adjusterjack. I ask again, should I make any discovery requests now or do a "trial by ambush" and ask for the calibration log and POST training certificate of officer on the day of the trial? One website gave a pointer NOT to do any discovery before trial as to the evidence the prosecution will use. TDN is in three weeks.
    Can I use the officer's filed declaration to challenge her testimony during the TDN? She wrote on the narrative (verbatim): "My attention was directed to a black vehicle that appeared to be exceeding the posted maximum 65 mph while traveling in the # 1 lane of I-80 eastbound, west of Red Top Road. I visually estimated the silver vehicle to be traveling at approximately 80 mph for two seconds at 1000 feet out. I noticed this vehicle pass 2 cars. I aimed the front red aiming dot at the front bumper area of the vehicle. I activated the lidar and received a reading of 79 mph at 398 feet out, a violation of 22349 (a) V.C. - (exceeding the maximum posted 65 mph speed limit). At this distance the beam width is approximately 14 inches well within the front bumper area of the vehicle. There were no objects or vehicles that would have interfered or interrupted the beam. I never lost sight of the vehicle and accelerated after the vehicle passed my location. I positioned my patrol vehicle behind the vehicle. I made an enforcement stop on the Green Valley Road exit from the I-80 eastbound."
    Did anybody notice any error(s)? I would appreciate any reply.

  7. #7
    Join Date
    Sep 2005
    Location
    California
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    20,594

    Default Re: Commercial Driver License and Speeding

    Quote Quoting R2TC
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    Thank you adjusterjack. I ask again, should I make any discovery requests now or do a "trial by ambush" and ask for the calibration log and POST training certificate of officer on the day of the trial?
    You may simply do little more than delay things. The judge may ask why you did not seek these in discovery and, at best, may continue the matter to give the officer time to produce them. If the state (via the officer) is not required to prove calibration and testing prior to submitting testimony, then he would not be required to bring any such proof.

    Then, of course, you also have to contend with the officer's visual estimation of your speed and this does nopt require any device calibration.

    My recommendation would be to seek those items beforehand.

    Can I use the officer's filed declaration to challenge her testimony during the TDN?
    If she testifies to anything that is contradictory to what was presented in her declaration, sure.

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