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  1. #1
    Join Date
    Aug 2017

    Default Speeding Ticket and Red Light Ticket

    My question involves a traffic ticket from the state of: California
    I got pulled over the cop said I was speeding and said thats I ran a red light. He asked me is I knew the speed limit and I said yes 40 miles and told me I was going 54 didn't show me how me proff of the method he used he just told me and said that I also ran the red light I remember that light was still yellow when I passed it and no cameres were around so I have court next week I just want to be ready

  2. #2
    Join Date
    Mar 2013

    Default Re: Speeding Ticket and Red Light Ticket

    Court is not held in the street and the officer is not required to show you his proof while standing at the side of the road.

    Before you can formulate a defense you first need to get an idea as to what will be presented against you in court. This is done through Informal Discovery.

    When seeking informal discovery on a traffic ticket in California, mail a copy of your citation to the law enforcement agency that issued it. Clearly address the envelope to “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.

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

    Item 4 will may or may not help, depending on whether Radar or Lidar was used as a speed measuring device and you were cited for CVC 22350. If they were, a speed survey may be required.

    Items 5 & 6 are valuable because during the traffic stop drivers tend often admit having made the violation, apologize, and make all sorts of self incriminating statements that the officer will play in court if you deny having committed the violation. Sometimes drivers express a very anti-social attititude towards the officer. If that's the case and it is reflected in the recording, courts often lose any sympathy they may have had for the driver. It's better to refresh your memory ahead of time as to what you said and how you acted, to ensure you don't go into court, claim you are innocence and pure as the driven snow, only to have the officer play the recording of you admitting the violation and questioning his mother's lineage.

    Get your informal discovery, then come back here and we'll talk.

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