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  1. #11
    Join Date
    Mar 2013
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    1,279

    Default Re: Prima Facie Speeding Ticket, CVC 23350

    The court will not send you anything.

    Please read my post again. You must send your informal discovery request to the law enforcement agency that issued you the citation. They are the ones who are responsible for providing you with the requested documents.

    Most Custodians of Records take around 10 to 15 business days to respond, depending on their workload. However, if the officer who issued the citation is sick, on vacation, or on military leave, etc., it may take them longer to obtain a copy of his copy of the citation, his notes and any personal recordings of the enforcement contact he made.

  2. #12
    Join Date
    Jun 2012
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    18

    Default Re: Prima Facie Speeding Ticket, CVC 23350

    Hello all, wanted to give you guys an update. I received my courtesy notice and extended to September 7th. I will try written trial by declaration.

    I wanted to give you an idea for my defense to present reasonable doubt:

    1. The officer claims he was stopped on south bound Mission blvd (on his bike) and tagged me with LIDAR.On the the ticket it says Cadenciat St. Look at the attachment photo (if you D/L it you can see full resolution) you can clearly see at Cadencia ST there is no where for the officer to stop. In addition at the end of the island, there is a no u turn sign. SO the the location is off, this makes a big difference when as speed decreases and increases rapidly. I also have photos that I took that show traffic and construction along Mission Blvd that creates slows batches of traffic due to the large utility trucks and semi delivering materials. I was behind a slower batch, the cars ahead are obviously going much faster, I would say the flow for me was 48-52.

    If anyone is willing to take a look at the jpeg I marked it up to give you an idea of what I'm describing.




    https://postimg.org/image/rtzjfikvr/

  3. #13
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Prima Facie Speeding Ticket, CVC 23350

    You've lost me. What does a no U turn sign have to do with it. What makes you think he didn't observe you at Candencia street. The FLOW has absolutely nothing to do with determining a safe speed. Batching traffic indicates the necessity for SLOWER not faster safe speed. Your points indicate MORE INCRIMINATING rather than less.

  4. #14
    Join Date
    Jun 2012
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    18

    Default Re: Prima Facie Speeding Ticket, CVC 23350

    So two points, the officer told me he was southbound when he claims he tracked me...but at that section, there is no where for him to stop as seen in the photograph, so the location is worng.

    2nd point, there were many other cars on the road, there a lot of toyotas in the bay area,, i think he tracked the wrong car but becusse i was last in the pack i got tagged. There is lots of construction right now and traffic does bunch up..so i had to go slower

    The no u turn was just to show the officer could not make a u turn there.

  5. #15
    Join Date
    Mar 2013
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    1,279

    Default Re: Prima Facie Speeding Ticket, CVC 23350

    Quote Quoting peggypwr1
    View Post
    So two points, the officer told me he was southbound when he claims he tracked me...but at that section, there is no where for him to stop as seen in the photograph, so the location is worng.
    It doesn't matter where he was or what you think he said to you. All that matters is that he saw you commit the violation. He will testify that he did. The burden of proving he did not will rest with you.

    Quote Quoting peggypwr1
    View Post
    2nd point, there were many other cars on the road, there a lot of toyotas in the bay area,, i think he tracked the wrong car but becusse i was last in the pack i got tagged. There is lots of construction right now and traffic does bunch up..so i had to go slower.
    When speeding, the leader of the pack and the follower are the ones the usually get picked off. Next time, hide in the middle.

    Quote Quoting peggypwr1
    View Post
    The no u turn was just to show the officer could not make a u turn there.
    I was unaware of this. Officers have always been able to violate most (but not all) traffic laws when in pursuit of a suspect traffic offender. When did the law change?

  6. #16
    Join Date
    Jun 2012
    Posts
    18

    Default Re: Prima Facie Speeding Ticket, CVC 23350

    Well..there must be some defense i can use...mission blvd is very busy...i cannt argue about engineering surveys...im not trying to prove going fast was safe...im trying to give my point of view i wasnt. Whats the point of written trials of declaration if majority we say is wrong?

  7. #17
    Join Date
    Mar 2013
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    1,279

    Default Re: Prima Facie Speeding Ticket, CVC 23350

    Quote Quoting peggypwr1
    View Post
    Well..there must be some defense i can use...mission blvd is very busy...i cannt argue about engineering surveys...im not trying to prove going fast was safe...im trying to give my point of view i wasnt. Whats the point of written trials of declaration if majority we say is wrong?
    It may be that you don't have a defense.

    The problem is, most people don't drive with one eye on the speedometer and one eye on the road, nor do they deliberately speed. Instead, they drive at a speed they feel comfortable with (often with the flow of traffic) and assume they are within the limit. Then, they see the red lights in the rear view mirror, panic, take their foot off the gas, the car slows, and only then do they look at the speedometer. By then the car is going far slower than when the officer measured their speed and determined their violation, so they honestly believe they weren't speeding. I strongly suspect that's the case here.

    I catch myself periodically doing the same thing on the freeway. I'm driving at a comfortable speed, only to look at my speedometer and realize I'm doing 80 to 85 in a 65 MPH zone. Needless to say, I take my foot off the gas and turn on the cruise control.

    Unless you can provide actual evidence that you weren't speeding, you may wish to consider traffic school as your best option.

  8. #18
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Prima Facie Speeding Ticket, CVC 23350

    Quote Quoting peggypwr1
    View Post
    Well..there must be some defense i can use...mission blvd is very busy...I cannt argue about engineering surveys...im not trying to prove going fast was safe...im trying to give my point of view i wasnt. Whats the point of written trials of declaration if majority we say is wrong?
    You don't appear to have a defense. You were cited for going at an unsafe speed. The posted speed limit is a prima facie indication of the safe speed. There are only two defenses against that in practice which are laid out in the statutes: showing that you were going safely or showing that the speed trap law applied. Neither of these apply to you, you are guilty.

    TBD is to allow those with rather clear cut defenses to avoid the time expense of having to show in court to make their claim. It's not some statistical thing to allow a proportion of the guilty to escape consequences.

  9. #19
    Join Date
    Jun 2012
    Posts
    18

    Default Re: Prima Facie Speeding Ticket, CVC 23350

    I just noticed the courtesy notice has the date of May 17th for the violation. But the violation occurred may 13 as indicated of the ticket. Is this some ammo i can use?

  10. #20
    Join Date
    Mar 2013
    Posts
    1,279

    Default Re: Prima Facie Speeding Ticket, CVC 23350

    The problem here is not that you are innocent, but that you don't want to be guilty.

    There is no help for that.

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