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  1. #1
    Join Date
    Jun 2012
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    18

    Default Prima Facie Speeding Ticket, CVC 23350

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

    Hi, I received a ticket traveling on Mission Blvd on May 17th 2016. A wide straight road at 913AM. The officer was in the opposite lane and claims he got me with radar. The ticket is Prima Facie speed. He claims 58 in a presumed 40. The conditions were great that day. Bright, not a cloud in sight. There are other cars on the road so I don't know how he focused on me. It tought to go that fast with the other cars on the road. But it wasn't crowded. He then had to turn around (motorcycle cop) and catch up to me to pull me over.

    What can I do when I receive the notice in the mail?

    My last ticket was May 2012, I went to court pleaded guilty and they reduced the fine. But I really don't want to pay this ticket.

    What are my options? Can i ask for written trial and ask for discovery on what officer wrote on the ticket about me?; obtain info on radar calibration; speed surveys of road; anything..

    I have to respond by June 17th, will the officer remember the facts by then? If I do an actual trail, any good questions to ask the officer?

    Sorry for so many questions. Thank you for your time.

    Oh the ticket is an infraction.

  2. #2
    Join Date
    Sep 2010
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    19,485

    Default Re: Prima Facie Speeding Ticket, CVC 23350

    The fact that others may have been speeding means nothing to your case.

    You were taught wrong, by the way, speeding because others are speeding is NOT the correct behavior.

    You can certainly ask for a TBWD, but you can must put up the full amount of the ticket as "bail" at the time you file it.
    Alternatively you can go to your arraignment and plead not guilty and go to trial.

    Despite what some here will tell you, officers go to trial all the time and remember the facts. All they need show is you were in excess of the prima facie limit. You will need to show that given the conditions you were not unsafe. Generally, you'll have to show that conditions meritted that you be in control of your car an able to stop if traffic ahead of you has to stop. At 18 miles over the prima facie limit you're going to have a hard time making that case in my opinion.

    Since he said he used radar, one procedural thing you can try is to see if there was a valid traffic survey that justifies the prima facie limit here.

  3. #3
    Join Date
    Jul 2010
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    7,813

    Default Re: Prima Facie Speeding Ticket, CVC 23350

    Quote Quoting flyingron
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    You were taught wrong, by the way, speeding because others are speeding is NOT the correct behavior.
    I think she was trying to say it is tough to go that fast....

  4. #4
    Join Date
    Mar 2013
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    17,616

    Default Re: Prima Facie Speeding Ticket, CVC 23350

    Quote Quoting peggypwr1
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    Oh the ticket is an infraction.
    Take traffic school if you are eligible. You aren't going to beat this.

  5. #5
    Join Date
    Jun 2012
    Posts
    18

    Default Re: Prima Facie Speeding Ticket, CVC 23350

    My plan is to do the written trial by declaration. Can I ask for discovery at his time for speed surveys, radar calibration, radar log to know that officer was actually logging my car? or do I wait till after written trial?

    If I lose written trial, can I still do traffic school?

  6. #6
    Join Date
    Sep 2010
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    19,485

    Default Re: Prima Facie Speeding Ticket, CVC 23350

    Quote Quoting adjusterjack
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    Take traffic school if you are eligible. You aren't going to beat this.
    Traffic school will result in more money. You pay the fine plus the traffic school fee plus whatever the school wants.

    There's no log of every reading made. What he read is what he wrote on the ticket. What you can ask for is the reverse side of the ticket where the officer makes further notes, as well as the traffic survey and the calibration records.

  7. #7
    Join Date
    Mar 2010
    Location
    Snohomish, WA
    Posts
    1,588

    Default Re: Prima Facie Speeding Ticket, CVC 23350

    Moving RADAR on a motorcycle? That's a new one. Generally they have all been hand-held, non-moving in the past. Maybe things have changed in 20 years?

    Or was he stationary?

  8. #8
    Join Date
    Jun 2012
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    18

    Default Re: Prima Facie Speeding Ticket, CVC 23350

    Quote Quoting Speedy Gonzalez
    View Post
    Moving RADAR on a motorcycle? That's a new one. Generally they have all been hand-held, non-moving in the past. Maybe things have changed in 20 years?

    Or was he stationary?
    I think he was stationary.

  9. #9
    Join Date
    Mar 2013
    Posts
    1,250

    Default Re: Prima Facie Speeding Ticket, CVC 23350

    You can seek discovery now.

    To do so, mail a copy of your citation to the issuing law enforcement agency. Clearly mark the front of your envelope 'ATTENTION CUSTODIAN OF RECORDS" and attach 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. If you were cited for speeding, copies of calibration records for all speed measuring devices used to determine your speed.

    4. If you were cited for speeding, a copy of any traffic and engineering surveys for the highway in question (if applicable).

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

    6. 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.

    Item 3 will determine if the device used to determine your speed was recently calibrated.

    Item 4 will provide you with the engineering study used to determine what speed was reasonable and prudent for the road you were driving on.

    Items 5 & 6 are valuable because during the traffic stop drivers often admit the violation or make incriminating statements. If you later plead not guilty in court, the officer may offer that recording of your admission into evidence.

    Once you review your discovery items you may find that the case against you is very solid. When that happens, you need to step back and think for a minute. The court is not going to let this pass just because you don't "want" to be guilty. To the contrary, the court has little patience for people who waste its time with a no defense, defense. It may well be that traffic school turns out to be your best option.

  10. #10
    Join Date
    Jun 2012
    Posts
    18

    Default Re: Prima Facie Speeding Ticket, CVC 23350

    L-1 thank you for your response.

    Is there a time limit the court has to get back to me with the documents, after they receive my response?

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