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  1. #41

    Default Re: Received a VC 22350 Ticket

    Hi zeljo/others,
    I have prepared the statement of facts for my trial by written declaration. I you can please review the statement and the supporting documents and let me know if I need any changes to me made, that would be really helpful. I need to submit the documents in the next day or so.

    Statement of Facts: https://docs.google.com/document/d/1...it?usp=sharing
    Appendix A (Public request info and email conversation with CalTrans): https://drive.google.com/file/d/1Xxr...ew?usp=sharing
    Appendix B (Engineering and Traffic survey): https://drive.google.com/file/d/1Kpd...ew?usp=sharing

    I have the following questions

    1) I had received documents from the fremont police department as a part of informal discovery and they sent the wrong engineering and traffic survey which is of a different road and intersection and a LIDAR certification. Should I include those documents as part of the evidence documents submitted to the court? Also, should I mention it in the statement of facts that the survey document provided by the police department was incorrect? No none of this is needed?
    2) I will be highlighting the dates in Appendix B. Is there anything else other than these documents, that I need to send to the court to support my case?
    3) In the statement of facts, do I need to cut down or add any more details? Also, do I need to change the closing statement asking the citation to be dismissed based on speed trap law or something to that effect? Or all the details suffice?
    4) Towards the end I have also requested for trial de novo and a request to attend traffic school in case the case goes against me. Is that fine?
    5) On the Trial By declaration I will be filing to the court (https://www.courts.ca.gov/documents/tr205.pdf), on page 1 point 5) EVIDENCE, I will be selecting others and specifying the following in the comments section
    Appendix A (5 pages): Public request to CalTrans and email communication
    Appendix B (8 pages): Engineering & Traffic survey

    Does that look good?
    6) On page 2 of the form under 6) Statement of Facts, I will specify "Please see attached document" and on 7) Number of pages attached, I will specify 2 pages (for statement of facts). Is that the way to do it?

    Please forgive me as I do not have much experience in filing such document with the court. Any feedback would be extremely helpful.

  2. #42
    Join Date
    Oct 2016
    Posts
    2,751

    Default Re: Received a VC 22350 Ticket

    1. If you ended up getting the correct traffic survey you don't need to mention or include the wrong one they sent you.

  3. #43
    Join Date
    Mar 2018
    Posts
    279

    Default Re: Received a VC 22350 Ticket

    1) What you have in the statement of facts suffices. No need to mention the wrong surveys they sent you. If this ever gets to the court trial, you will demand the officer show you a recent survey justifying 40mph. It appears such a study does not exist.

    3) You may wish to amend "The visibility was good, the weather was cloudy and the traffic was light." as "The visibility was good, the weather was cloudy, the road surface was dry and the traffic was light. "

    4) You will be offered trial de novo (TDN) automatically if you're found guilty in TBD. If you don't intend to purse that option, you can ask for traffic school (only) in TBD itself, though there is no guarantee the judge will respond to that. If he does not, you'll have to go to court, ask to be "re-arraigned" and then ask for traffic school. But that would NOT be my advice; if your TBD fails, I would suggest you go for TDN. You can ask for traffic school if you lose that too... an unlikely prospect, as things stand now.

    5, 6): That is fine.

    Other than what I stated above, your prepared submission looks fine.

  4. #44

    Default Re: Received a VC 22350 Ticket

    Thanks you so much PayrolGuy and zeljo.

    zeljo,
    I will make the changes as you suggested in 3). For 4), should I just take out the line? I plan to do a TDN if I lose the TBD. Please suggest.

    Thanks.

  5. #45
    Join Date
    Jun 2017
    Location
    California
    Posts
    388

    Default Re: Received a VC 22350 Ticket

    First, you don't have the correct information on the traffic survey. Those are done locally. Second, the traffic court HAS a copy as does the local law library. Since it is a public record, the court can take judicial notice of the correct survey. For Fremont, look here--> https://fremont.gov/869/Transportation-Data

  6. #46

    Default Re: Received a VC 22350 Ticket

    Thats completely incorrect. Thats what the Fremont police department sent me. The stretch of the road in question is west of 680 and its Mission Blvd. (CA-238). The Mission blvd specified on the city traffic survey is the Mission Blvd. which is east of 680 and following are the intersections specified

    Mission Boulevard Mission Road St. Joseph Terr
    Mission Boulevard St. Joseph Terr Pine St
    Mission Boulevard Pine St Durham Rd
    Mission Boulevard Durham Rd Curtner Rd

    These all come under the city and are east of 680. The one that we are talking about, west of 680 the CA-238 falls under CalTrans. Please have a look at https://drive.google.com/file/d/1Kpd...V_3VOw-Ee/view This is the survey provided by Caltrans and on the first page it clearly specifies the road between 680 and Stevenson blvd. The intersection in question lies between that.

  7. #47
    Join Date
    Jun 2017
    Location
    California
    Posts
    388

    Default Re: Received a VC 22350 Ticket

    It's still a matter of public record which the court can take judicial notice of so arguing about the survey likely won't get you anywhere.

  8. #48

    Default Re: Received a VC 22350 Ticket

    Not sure what you meant by "It's still a matter of public record which the court can take judicial notice of". If you are talking about the court taking notice of the CORRECT survey, which is a public record, I am not fighting my case on the premise of incorrect survey submitted by the police department. I am basing my argument on the correct survey which is infact invalid as it has expired.

  9. #49
    Join Date
    Mar 2018
    Posts
    279

    Default Re: Received a VC 22350 Ticket

    Quote Quoting bpat
    View Post
    Thanks you so much PayrolGuy and zeljo.

    ...
    For 4), should I just take out the line? I plan to do a TDN if I lose the TBD. Please suggest.

    Thanks.
    Yes, take it out.

    Quote Quoting bpat
    View Post
    Not sure what you meant by "It's still a matter of public record which the court can take judicial notice of".
    Just disregard. Not everybody responding to your questions here knows what they're talking about.

  10. #50

    Default Re: Received a VC 22350 Ticket

    Thanks so much zeljo. I have taken out the statement and will be submitting the TBD tomorrow.

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