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  1. #1
    Join Date
    Apr 2014
    Posts
    1

    Post Trial by Written Declaration for Speeding

    My question involves a traffic ticket from the state of: California
    Hi everybody!
    its my first time visiting here, there are a lot of information and resources here!
    Anyways I wanted to get you guys' advice about a ticket I got couple of months ago in Winterhaven, CA, I broke the CVC Section 22356(b), which I was doing 86 on a 70 MPH road, my only defense is that the road was downhill and I drive a 2007 Kia Sorento (SUV) so it has a larger momentum downhill, I'm pursuing a trial with written declaration so I need your help in strengthening my case.
    Thanks
    Matt

  2. #2
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Trial by Written Declaration for Speeding

    You admit you were speeding and you don't have the ability to control your vehicle when going downhill. I'm sorry, we're supposed to make that a win how?

  3. #3
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Trial by Written Declaration for Speeding

    Quote Quoting matt29
    View Post
    my only defense is that the road was downhill and I drive a 2007 Kia Sorento (SUV) so it has a larger momentum downhill
    You know big rigs... Tractor trailers... Whatever you want to call them are much larger than your Kia Sorento... And therefore mother nature imposes a higher downhill momentum than you could ever experience... And not only are they restricted to a much lower speed (55 mph) but typically being driven by drivers who carry commercial licenses, the provisions allowing non commercial drivers the ability to take traffic school to have a conviction concealed of their record does not apply to them.

    You have no defense, and a conviction might likely end up causing you to lose your 20% "good driver" discount (assuming you have that privilege now, if not then the sky is the limit as far as premium increases). Take traffic school and call it a day.

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