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  1. #21
    Join Date
    Jun 2012
    Posts
    18

    Default Re: Prima Facie Speeding Ticket, CVC 23350

    Gentlemen and ladies another question(s):

    1) Instead of replying to the courtesy letter an mailing in my request fora trial by written declaration, can I schedule a court date instead and at the arraignment "say not guilty and request trial by written declaration", will this preserve my right to a speedy trial by doing it in front of the judge?

    2) after I request a TWD, how long do I have to complete the paper work turn in. I will be out of the country from AUgust 23rd to Septer 24. I got an extenstion to reply to the courtesy notice till sept 7th

    3) The ticket never mentioned the distance the lidar tracked me at..,which is important for determining the speed. Would discovery tell me:

    a) the angle at which the laser hit my car ( I was reading ProLaser manual and there manual states officer often hit cars at wide cosine angle)
    b) where the officer aimed
    c) distance

    d) did officer first use visual estimation before using LIDAR on me ( Is the officer required to use visual estimation first??)
    e) If officer did calibrate device, does he have to post the results of calibration and tests.

    Would the DA office be able to provide this during Discovery ?

    4) Do I need to mail in my TWD and Discover documents or can I turn into the clerk at court. If i do it in person, do they provide proof that I turned in the documents? VS mailing certified mail?


    5) If I lose the TWD and the trial de novo, can I still request traffic school ? what is the process of appealing?


    I apologize for all these questions. If anyone can shed some light that would be great.

  2. #22
    Join Date
    Mar 2013
    Posts
    1,262

    Default Re: Prima Facie Speeding Ticket, CVC 23350

    Quote Quoting peggypwr1
    View Post
    The ticket never mentioned the distance the lidar tracked me at..,which is important for determining the speed. Would discovery tell me:

    a) the angle at which the laser hit my car ( I was reading ProLaser manual and there manual states officer often hit cars at wide cosine angle)
    b) where the officer aimed
    c) distance
    Some of this information should be provides in your discovery material.

    Quote Quoting peggypwr1
    View Post
    did officer first use visual estimation before using LIDAR on me
    Unknown. You will have to ask him in court.

    Quote Quoting peggypwr1
    View Post
    Is the officer required to use visual estimation first??
    No, he is not.

    Quote Quoting peggypwr1
    View Post
    If officer did calibrate device, does he have to post the results of calibration and tests.
    You should find this in the discovery materials.



    Quote Quoting peggypwr1
    View Post
    Would the DA office be able to provide this during Discovery ?
    No. The District Attorney does not prosecute traffic violations in California nor does their office possess discovery materials for such matters.

    Over a month ago on May 17, 2016, you were advised as to the procedure for obtaining discovery in this matter. (See post 9 in this thread). That procedure has not changed.

  3. #23
    Join Date
    Jun 2012
    Posts
    18

    Default Re: Prima Facie Speeding Ticket, CVC 23350

    L1 is it better for me to schedule an arraignment and declare not guilty and TWD in front of judge vs mailing it in?

    For sending discovery, I read other conflicting accounts on this forum that PC 1054.1 says the DA should us this info?

    Thank you

  4. #24
    Join Date
    Mar 2013
    Posts
    1,262

    Default Re: Prima Facie Speeding Ticket, CVC 23350

    Quote Quoting peggypwr1
    View Post
    L1 is it better for me to schedule an arraignment and declare not guilty and TWD in front of judge vs mailing it in?
    I can't help you on court procedures. There are others here who can.

    Quote Quoting peggypwr1
    View Post
    For sending discovery, I read other conflicting accounts on this forum that PC 1054.1 says the DA should us this info?
    If conflicting information makes you feel uncomfortable, do both. (It can't hurt.) But in any case, do not delay in requesting discovery.

  5. #25
    Join Date
    Sep 2010
    Posts
    19,668

    Default Re: Prima Facie Speeding Ticket, CVC 23350

    Quote Quoting peggypwr1
    View Post
    L1 is it better for me to schedule an arraignment and declare not guilty and TWD in front of judge vs mailing it in?
    There's no difference between requesting a TWD in front of the judge vs. just doing it with the clerk or mailing it in. If you want a TWD, you might as well do it before your appearance date at your convenience.

    For sending discovery, I read other conflicting accounts on this forum that PC 1054.1 says the DA should us this info?
    You can send a copy to the DA, but he doesn't have the material you are requesting. You need to send it to the department who issued the citation.

  6. #26
    Join Date
    Jun 2012
    Posts
    18

    Default Re: Prima Facie Speeding Ticket, CVC 23350

    Hello all,

    I received my TWD back and the court sill found me guilty. I plan to do a new trial.

    But my question is, can I request the officer's response to my TWD? When I fill out the TR 220 form, and I will submit request for Discovery, do I ask for officers response at that time?

    Thank you.

  7. #27
    Join Date
    Nov 2016
    Posts
    26

    Default Re: Prima Facie Speeding Ticket, CVC 23350

    Woo hoo, today was my trial and no COPS showed up! It was a mass dismissal for 24 of us!
    Well one COP showed up (then left), the attorney delayed him until late January.


    ALWAYS FIGHT YOUR TICKETS in CA. DO a TWD and a Trial de Novo. $367 back in my pocket (after two months processing)

    Good luck to you peggy...fight! on !

  8. #28
    Join Date
    Jul 2016
    Location
    Paso Robles, California
    Posts
    529

    Default Re: Prima Facie Speeding Ticket, CVC 23350

    Quote Quoting peggypwr1
    View Post
    The ticket is Prima Facie speed.
    The violation is 22350 NOT 23350.

  9. #29
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Prima Facie Speeding Ticket, CVC 23350

    Whatever County that occurred in should crack down on the agencies involved. That's a dismal and inexcusable attendance rate for the officers.

    When I was in San Diego County the courts held the agencies feet to the fire and attendance in Traffic Court went from about 70% to nearly 100%. Where I worked most recently, the attendance rate was just shy of 100% consistently.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  10. #30
    Join Date
    Nov 2016
    Posts
    26

    Default Re: Prima Facie Speeding Ticket, CVC 23350

    Cdwjava, I had two date choices Nov 12th and Nov 21st, I chose the 21st because of thanksgiving week. I know they get paid over time, but I was honestly shocked the amount of officers that didn't show up. Maybe its because since this week - Thanksgiving is coming up, maybe officer knew they would be getting over time being out there on the streets...why spend time at the court house.

    We should also remember that speeding tickers, illegal u turns, etc are nit picky and for revenue generation not safety most of the time. If the officer(s) truly believed I was in the wrong he could come to court and face me. I was there, I took a day off, I prepared, the officer is the expert, the odds are in his favor. Its not like I asked for the country seat, the officer is already based in the city he patrols.

    Like before, in CA, do a trial by written declaration 1st and then a trial de novo. You've already given yourself a 50% chance of winning just by showing up!

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