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  1. #11
    Join Date
    Feb 2016
    Location
    Virginia, USA
    Posts
    107

    Default Re: Issued an Unsafe Speed Ticket for Using a Cell Phone GPS While Driving, VC 23350

    Hey, Nuu. One more thought. Above you state that your "record is clean." While some might say that previous driving record is irrelevant, when defending against a reasonable speed ticket, I think it can matter. Stating in court that "I have over 200,000 miles of driving experience and have not had a moving violation or an accident" would certainly not hurt, and demonstrates prior reasonable judgement. I did not hesitate to mention my spotless record when I successfully defended myself against an in excess of reasonable speed ticket in Maryland before cell phones existed. I was doing 55 in a 55 in the rain in a Mustang and passed an officer.

    Regards,
    Jim

  2. #12
    Join Date
    Mar 2016
    Posts
    6

    Default Re: Issued an Unsafe Speed Ticket for Using a Cell Phone GPS While Driving, VC 23350

    Hey Jim,

    I'm actually working on my TBWD right now. I was told by a friend to explain what happened prior to getting pulled over, and what happened during it. So I have two questions, if you don't mind helping.

    1) I was believe I was cited for "distracted driving". You said it was more like trying to legislate, I believe he was too. So while driving, I glanced at my phone to check how many miles left (till my exit). I glanced 1-2 times, at least 10 seconds apart. Which is probably why he thought I was texting. Would it be ok to state that I glanced at GPS as if I were to glance at my speedometer, or the time on the dash, or the knob to turn on the headlights when it gets dark? I literally glanced, was not looking hard/staring.
    2) officer let an "issue" slide. He basically let me off with a warning, but said I need to get a valid drivers license. (Just in case you're wondering, CA law requires you to change over within 10 days of moving to the state. BUT my license is valid. I'm a military spouse-we're exempt from changing over to CA drivers license because we, husband and I, are non-residents). I don't think he knows of this law? I did inform him that my husband was in the military but he still told me to change it. Now with all that said, should I also put this detail in; Even though it's not on the ticket, it's part of what occurred.
    3) I know I said I had 2, but just one more question please. Do you think it would matter that I go into detail about what happened, or do judges just want to read/see the evidence contesting the ticket.

  3. #13
    Join Date
    Mar 2013
    Posts
    1,279

    Default Re: Issued an Unsafe Speed Ticket for Using a Cell Phone GPS While Driving, VC 23350

    I don't mean to disappoint you, but I'm not sure there is anything you can say that will help and I doubt you understand how CVC 22350 was being applied here.

    CVC 22350 basically says there will be times when conditions are such that it is not safe to drive at or below the posted speed limit. Based solely on what you posted, it would appear the officer believed that you were diverting your eyes from the road to check your phone for a long enough period that it was unsafe to drive at whatever speed you were going. If you look at your citation there will be a box marked "Safe Speed". The number in that box is what he believed was a safe speed given what you were doing.

    It will be incumbent upon you to prove to the court that given due regard for weather, visibility, the traffic on, and the surface and width of, the highway, you could spend as much time looking at your phone as you did, while traveling at whatever speed you were going, and not endanger the safety of persons or property.

    It will not be enough to simply make a blanket declaration that you did not endanger anyone and that your speed was safe. You will have to carefully articulate why and how no one was endangered and your sped was safe.

    It would have been better if you had requested informal discovery and obtained a copy of the officer's notes and because it was CHP, a copy of their audio recording of the officer's contact with you containing any incriminating admissions you may have made to him. This way you would have a better idea of what you are defending yourself against.

  4. #14
    Join Date
    Mar 2016
    Posts
    6

    Default Re: Issued an Unsafe Speed Ticket for Using a Cell Phone GPS While Driving, VC 23350

    GOT it!!. I'm going to request an informal discovery, then ask for an extension. If I'm found guilty anyway, maybe it's Gods way of teaching me a lesson. I've bought a mount (and followed the law-thanks to this site) and mounted it where it's to be mounted. Shouldn't have anymore tickets, or God forbid any accidents.

    Thank you L-1 and Jim!

  5. #15
    Join Date
    Mar 2013
    Posts
    1,279

    Default Re: Issued an Unsafe Speed Ticket for Using a Cell Phone GPS While Driving, VC 23350

    When seeking informal discovery on a CHP ticket, mail a copy of your citation to the CHP office it was issued out of. Clearly address the envelope to “Custodian of Records” and attaché a letter indicating you are requesting informal discovery in connection with the enclosed citation. In addition to any items you feel are necessary to your defense, be sure to ask for:

    1. A copy of the officer’s copy of the citation, including the back side containing any notes he may have made.

    2. Copies of all other notes, reports and other documents prepared by the officer in connection with the matter.

    3. Copies of the MVARS (patrol car dash cam) video and audio recording of your stop (if one exists).

    4. Copies of any personal audio recording the officer may have made during his contact with you.

    Items 1 & 2 will give you an idea as to what the officer may testify to.

    Items 3 & 4 are valuable because during the traffic stop drivers tend to make all sorts of incriminating statements that the officer will offer in court if you deny having committed the violation.

    CHP’s Records Custodians are usually pretty prompt in responding. It’s just a matter of making sure your letter reaches them and isn’t lost in the vast bureaucracy, so make sure your letter is properly addressed to the Custodian of Records so it can be routed accordingly. Usually the only delay is if the citing officer is on vacation and unavailable to get a copy of his “green” which is his copy of the citation and notes.

  6. #16
    Join Date
    Feb 2016
    Location
    Virginia, USA
    Posts
    107

    Default Re: Issued an Unsafe Speed Ticket for Using a Cell Phone GPS While Driving, VC 23350

    Hi, Nuu.

    Wow, so L-1 gave you some really great advice. That was really nice of him.

    So on post 12,
    1) I don't have anything I can add relative to what I previously suggested for arguing.
    2) Not relevant. It's a warning anyway, so no biggy.
    3) Detail helps; like L-1 said, you can't just say you did not commit an offense, but you need to explain how and why. Just don't include detail that does not matter with regard to if you committed the alleged offense (like 2).

    Regards,
    Jim

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