Presenting a Defense at a Trial De Novo

[cto86]

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

HELLO ALL..

So here's the scoop. On November 12, 2012 at 5:50 am, I was issued a speeding ticket (22349a). I requested an extension and requested a TBD. I went to the Chatsworth courthouse on Feb 21, 2013. I didn't get a reply back until June 12th. Apparently they didn't review my case until May 5th 2013. Of coarse I was found guilty. I filed for TDN and its set for the 25th of July. I have sent a Request for discovery to the city attorneys office and was delivered on the 26th of June via Post office with request for signature. On Monday it'll be the 15th day for them to have gotten back to me. I plan on filing a request to compel at the courthouse. I want to make sure I cover all my tracks. I was wondering what defense I can use in order to win my case.


Also my a ticket was actually duplicated.

Any advise would be appreciated.

Thank you!

I want to upload pics of my duplicated tickets and the officers statement but im not sure how to do it on here.

Please help

[That Guy]

Of coarse I was found guilty.

Of course you would be. But what defense did you present in your TBD?

And how fast were you driving when you were cited? How did the officer measure your speed?

I plan on filing a request to compel at the courthouse.

Don't waste your time. Simply request that the officer allow you to review the documents he plans on using as evidence in your case. Do that at the beginning of your trial and before the officer starts to testify. Then again, this is a 22349 citation and there really isn't that much documentary evidence that the officer must provide, present or use as evidence. His testimony that he measured your speed in excess of 65 mph is enough to convict you.

Also my a ticket was actually duplicated.

I actually don't know what that means! What do you mean your ticket was actually duplicated?

I want to upload pics of my duplicated tickets and the officers statement but im not sure how to do it on here.

You'll have to upload the images to imageshack.com (or a similar site) and provide links here for us to use.

[cto86]

That guy:

I used the defense that I was driving safely for all conditions. Road, weather, traffic. Although I know it was probably a long shot but it was worth trying I guess. A friend of mine did the TBD for me. And I remember driving about 70-72 mph. I did speed up a bit because a car was tailgating me. Attached are the links to the officers statement and calibration specs.

Also when I say my ticket was duplicated, I really mean duplicated. Long story short I got a courtesy notice in the mail and it had a different citation number. The original I had at home that I signed ended in 49. On the courtesy notice it stated it was 48. So I thought it was a clerical error. When I went to the courthouse to pay for 49 they told me I had to take care of my other ticket, I had no idea what she was talking about. She tells me I missed my appearance date and that I was in collections and now owed $1000.00 dollars and I had to make a court date to see the judge. I request a copy of the other ticket and low and behold it was the exact same ticket just different times (5 mins apart). Now I know Im getting old, but not that old to where I dont remember another ticket. SO I ended up going to court and even the judged had no idea what had happened. My ticket was duplicated consecutively.

Here is the copies to that as well.

Thank you for responding

http://img38.imageshack.us/img38/3549/bsm7.jpg
http://img198.imageshack.us/img198/4978/5mmm.png
http://img33.imageshack.us/img33/2646/zlg8.png
http://img62.imageshack.us/img62/6958/6ty3.png
http://img5.imageshack.us/img5/4378/od8c.png

[blewis]

Four of the five images you posted are upside down. Do you expect us to download and rotate the images -- just to help YOU?

Barry

[cto86]

They have been rotated.

[That Guy]

I was wondering what defense I can use in order to win my case.

You should have no reasonable expectation as to why you should win your case.

The officer visually estimated your speed as being in excess of the 65 mph maximum state speed. But he didn't stop there, he also paced you at a speed of 85mph, and cited you for 82 in 65.

I did speed up a bit because a car was tailgating me.

That is the oldest and most used excuse I've ever heard of!

Tailgated by whom? The officer? Sure, he tailgated you for 1/2 a mile and you still stayed in the #1 lane, why not change lanes when you're being tailgated? But you are specific that it was a car that was tailgating you... Where was that car when the officer was pacing you on his motorcycle - 2 car lengths behind you for a 1/2 a mile?

And even if your claim is that the car was tailgating you before the officer's approach and before he conducted his pace, why was it that the officer did not see a car tailgating you... That is, ("following too close") as you may already know, another traffic violation... But the officer makes no mention of another vehicle that was cited or one that was tailgating you. Also, when that car was no longer tailgating you, you continued to drive at the same pace 15 to 20 mph in excess of the maximum limit.

Also when I say my ticket was duplicated, I really mean duplicated. Long story short I got a courtesy notice in the mail and it had a different citation number. The original I had at home that I signed ended in 49. On the courtesy notice it stated it was 48.

OK, so you are saying that the XXXXX49 citation was the one you signed and were given a copy of... But from the copies you posted here, it also appears that the XXXXX48 citation was also signed... by someone! And, it was signed in a way where the first part of the signature went beyond the border lines for the box designated for the defendant's signature... That does not appear to be the case on the XXXXX49 one you agree you signed. Additionally, the description of the violation and while it may have used a similar description, it is laid out in a different order, so to use "duplicated" as a way to describe what happened, isn't the most accurate of a descriptions. You were issued two different citations for two similar violations. And although the offer the same description and many of the same identical entries, the time, the signature and the different layout in the description itself, would suggest that the citation were issued independently of one another.

Will they both stand? It depends on what the officer says.

Should they both stand? It depends on what the judge wants to do as a result of what the officer says happened!

Now I know Im getting old, but not that old to where I dont remember another ticket.

"not that old where you dont remember another ticket"... So you do remember another ticket?

Look at your copy of the XXXXX48 ticket and tell us who's signature that is? Who's signature does that look like/resemble?

And before you go there, it is unreasonable to suggest that the officer would have signed the citation on anyone else's behalf.

[Disagreeable]

It almost looks like he was cited for 2 different streets.