
Quoting
NRM
San Jose, California
So it's quite a complicated matter. I was pulled over for CVC 22350-I stating
22350. No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.
On a personal note, I do not believe I was driving 53 in the 35. Seeing that the 40MPH sign was also about 1/4 mile ahead as well, I believe the fine was unjust regardless. I drive a stick and I love my precious car, so I shift at precisely 3k RPM every shift, every time, unless I'm passing on the freeway. 53MPH would have landed me in 5th gear at the time, I was barely into 4th when he pulled me over, hence my confusion. It was 2AM in the morning, no other cars on the road, I just dropped off one of my high school kids that I advise for.
With the section code that I was written up for, even if I were driving 53, I do not believe it was non-reasonable or non-prudent on the big empty road that I was on, and I am willing to argue my case if I must. Traffic school is not an option for me because of a previous moving violation 17 months before my second violation.
My arraignment date was set to December 31st 2007. I placed a plea of NOT GUILTY. And when the judge asked if I waive my right to a speedy trial, I requested a Written Trial By Declaration by CVC 40902, which states
40902. (a) (1) The court , pursuant to this section, shall, by rule, provide that the defendant may elect to have a trial by written declaration upon any alleged infraction, as charged by the citing officer, involving a violation of this code or any local ordinance adopted pursuant to this code, other than an infraction cited pursuant to Article 2 (commencing with Section 23152) of Chapter 12 of Division 11.
(2) The Judicial Council may adopt rules and forms governing trials by declaration in accordance with this section. Any rule or form adopted by the Judicial Council pursuant to this paragraph shall supersede any local rule of a court adopted pursuant to paragraph (1).
(b) If the defendant elects to have a trial by written declaration, the defendant shall, at the time of submitting that declaration, submit bail in the amount established in the uniform traffic penalty schedule pursuant to Section 40310. If the defendant is found not guilty or if the charges are otherwise dismissed, the amount of the bail shall be promptly refunded to the defendant.
(c) Notwithstanding Division 10 (commencing with Section 1200) of the Evidence Code, the rules governing trials by written declaration may provide for testimony and other relevant evidence to be introduced in the form of a notice to appear issued pursuant to Section 40500, a business record or receipt, a sworn declaration of the arresting officer, or a written statement or letter signed by the defendant.
(d) If the defendant is dissatisfied with a decision of the court in a proceeding pursuant to this section, the defendant shall be granted a trial de novo.
Amended Ch. 488, Stats. 1993. Effective January 1, 1994
Amended Sec. 1, Ch. 265, Stats. 1998. Effective January 1, 1999.
With that, on that date December 31st 2007, the judge asked me to pay the bail that day. I told him that the bail is due with my declaration, and he disagreed and ignored my statements and asked me if I could pay today. I said no, so he set a continuance date until the 31st of January.
I appeared at court today with a different commissioner and told her what happened previously. She told me that the Written Trial By Declaration was originally for convictions of peoples living too far away from the court, and she demanded the cash as well today, stating I need to pay it before I get my declaration. She asked if I had the money today and I do not, so she gave me until the 15th of February to pay it. Now, I'm a struggling college student with a full time job and volunteer at the local high school for advising. I don't have much money as I spend all my money paying off my tuition as well as rent and food. The fine isn't that much, but isn't something I can just fork over without some time to prepare for it.
What should I do? It does state in the vehicle code that " Any rule or form adopted by the Judicial Council pursuant to this paragraph shall supersede any local rule of a court adopted pursuant to paragraph." Not quite positive if that means that the ruling should go in accordance to the vehicle code or if that local laws can go above these.
Sorry about the lengthiness, I'm just between a rock and a hard spot. I can't afford to pay any more on my insurance, literally, and wouldn't mind traffic school, but they have made it unavailable to me now.
Thank you
-Mike