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  1. #11

    Default Re: Received a VC 22350 Ticket

    Thanks. Let me try and get the correct one from them and post it here.

    One question I had was, on the citation that the cop gave me, its written that I need to report to the court before 12/31/2018. I have not received the mail about the ticket yet and I am not able to pull up the case on the court website. So should I contact the clerk of the court to check and request an extension?
    Also, if I request an extension, can I still have an option for re-arraignment and please guilty/no contest or if I request an extension, I have to appear in court or do a TBD and then TDN?

  2. #12
    Join Date
    Sep 2010
    Posts
    18,904

    Default Re: Received a VC 22350 Ticket

    THere's no obligation that you receive anything in the mail. The courtesy notice is not obligatory, it's just a courtesy.
    You definitely must continue to contact the court before the appearance date (or appear). The appearance date won't be the trial anyhow, just the arraignment.
    There's no "rearraignment." You say anything else other than "GUILTY" and it will be scheduled for trial.

    If you want to do a TBD, then you must apply for that prior to the appearance date as well. In the likely event that you lose the TBD, you then can request the TDN (which will schedule a trial, a TBD is an implicit not-guilty plea_

  3. #13
    Join Date
    Jul 2018
    Posts
    1,173

    Default Re: Received a VC 22350 Ticket

    Quote Quoting bpat
    View Post
    One question I had was, on the citation that the cop gave me, its written that I need to report to the court before 12/31/2018. I have not received the mail about the ticket yet and I am not able to pull up the case on the court website. So should I contact the clerk of the court to check and request an extension?
    I don't have any opinion about whether you should do this, but what do you need extended and why? You said the ticket gives you until 12/31/18 to go to the court for this. That's 18 days from now (although, given the holidays, I'd take care of this next week if I were you).


    Quote Quoting bpat
    View Post
    if I request an extension, can I still have an option for re-arraignment and please guilty/no contest or if I request an extension, I have to appear in court or do a TBD and then TDN?
    Requesting or obtaining an extension will not affect your plea options.

  4. #14

    Default Re: Received a VC 22350 Ticket

    Quote Quoting zeljo
    View Post
    Yes, you can mail an Informal Discovery Request to the police agency that issued the citation, Attn. Custodian of Records. Request specifically the copy of the reverse side of the citation. One format you can use is here . Or you can get from Amazon the excellent book "Fight Your Ticket and Win in California" by David Brown.

    Also, officers often write on the reverse side of citation in a shothand code meant to repel ticket warriors like yourself. Feel free to upload it here if you need help deciphering.

    The format link you provided is not working. Gives an "Access denied" error. Any other template I can use to request Informal Discovery Request?

  5. #15
    Join Date
    Oct 2016
    Posts
    2,754

    Default Re: Received a VC 22350 Ticket

    The link you quoted worked for me but it is a commercial site and shouldn't have been posted here.

  6. #16
    Join Date
    Mar 2018
    Posts
    279

    Default Re: Received a VC 22350 Ticket

    Here is a sample discovery request and proof of service .

    Quote Quoting bpat
    View Post
    Thanks. Let me try and get the correct one from them and post it here.

    One question I had was, on the citation that the cop gave me, its written that I need to report to the court before 12/31/2018. I have not received the mail about the ticket yet and I am not able to pull up the case on the court website. So should I contact the clerk of the court to check and request an extension?
    Also, if I request an extension, can I still have an option for re-arraignment and please guilty/no contest or if I request an extension, I have to appear in court or do a TBD and then TDN?
    Yes, you should contact the clerk and ask what gives with your case. If the due date is end of the month, they should have the citation by now. Most courts will give you one month extension, no questions asked. This changes nothing in terms of your rights and the strategy I suggested to you earlier in the thread. Most courts also have the TBD procedure posted on their web sites; you can follow that whether or not you've received the courtesy notice. But you should call the clerk first to make sure the case has been filed and get the proper case #.

  7. #17

    Default Re: Received a VC 22350 Ticket

    Quote Quoting zeljo
    View Post
    Here is a sample discovery request and proof of service .



    Yes, you should contact the clerk and ask what gives with your case. If the due date is end of the month, they should have the citation by now. Most courts will give you one month extension, no questions asked. This changes nothing in terms of your rights and the strategy I suggested to you earlier in the thread. Most courts also have the TBD procedure posted on their web sites; you can follow that whether or not you've received the courtesy notice. But you should call the clerk first to make sure the case has been filed and get the proper case #.
    Thanks so much.

    Hi All,
    I received the new survey report from CalTrans. Looks like this should cover the stretch of the highway. I have uploaded the report at https://drive.google.com/file/d/1lYn...ew?usp=sharing It says that the survey was done on 25th Sep 2008 and is valid for 10 years. There are a couple of letter dated 30th May 2016 and it states that the survey is valid till 25th Sep 2018. So am I reading it correctly that the survey has expired? Should I check to see if there is a new survey done? What should be the next steps?
    I am still not sure what method the cop used to cite me as its not written on the citation and I have not received a letter in the mail yet nor its in the court system online. I will be doing a discovery request to get the information. The posted sign does say though "Speed Limit 40 (Radar enforced)".

  8. #18
    Join Date
    Mar 2018
    Posts
    279

    Default Re: Received a VC 22350 Ticket

    You can ask for the traffic and engineering study in the discovery request to the police agency. They have to provide it for you if the cop used radar/lidar to determine your speed. And what they provide must be a valid one... the one you have found is indeed expired. If they used a radar/lidar and this is the only study available, it is grounds for dismissal as per CVC 40804 and 40805 .

    If the cop did not use radar/lidar, though, these speed trap protections do not apply.

  9. #19

    Default Re: Received a VC 22350 Ticket

    Hi,
    I am planning to file a discovery request. Whom should i send the request to? Should just the police department be enough? Or do I need to send it to some one else as well? Also, just sending it by USPS and having a delivery confirmation be enough or do we need anything else for record purposes?

    Thanks so much.

  10. #20
    Join Date
    Jul 2010
    Posts
    7,600

    Default Re: Received a VC 22350 Ticket

    Yes, you would need to serve it on the police department. You can probably call them to determine exactly how and where to address it.

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