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  1. #1
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    Jul 2009
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    Default California 22349(A) Speeding Ticket

    My question involves a speeding ticket from the State of: California

    Hi all, first time poster here. Although I've done quite a bit of research on these forums and elsewhere, I have a few questions which I'm hoping you all can help me with.

    I was on a two week road trip and near Mammoth lake (Mono county) CA I received a ticket for going 95 in a 65, the code the officer used was 22349(A). I didn't really speed on my trip, staying within 5-10MPH of the posted speed limit. But near Mammoth a BMW pulled infront of me going 100+ ... I let him get ahead by about a quarter of a mile to use him as a "rabbit". Well long story short, the officer got us both on radar and pulled us both over at the same time!

    I got my ticket in the mail three days ago, it's a whopping $445.00! My goal is to fight the ticket to have it reduced or dismissed.

    My questions are:

    1) How do I go about asking for an extension? Just call up the Mono county superior court and ask?

    2) Once I get an extension I should ask for a discovery request and see if the officers up to date with his certifications and that the gun was calibrated recently?

    3) If I get the discovery request back and everything seems to be legal, at this point can I just pay the ticket and an extra 49.00 for drivers school? Enclosed in the papers sent to me by the courthouse was an option to pay the 445.00 + 49.00 for drivers school. I haven't taken drivers school in over five years, and it was in another state.

    4) If the discovery request comes back with everything legal, should I try to do a Trial by Declaration? Or just do #3 above?

    I want to avoid going to the courthouse because I live over 1200 miles away!

    Thank you in advance!
    - P

  2. #2
    Join Date
    Mar 2009
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    LA LA Land
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    Default Re: California 22349(A) - a Few Questions from a First Timer

    Quote Quoting topfrog007
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    1) How do I go about asking for an extension? Just call up the Mono county superior court and ask?
    Sure... I looked through that court's website and it doesn't look like the have the ability to request that via the website, so calling might be your only option especially if you live far and are unable to drop in.

    Superior Court Of California – Mono County

    Quote Quoting topfrog007
    View Post
    2) Once I get an extension I should ask for a discovery request and see if the officers up to date with his certifications and that the gun was calibrated recently?
    Yes... Also request a copy of his notes; that will give you an idea about what his testimony might include.

    Quote Quoting topfrog007
    View Post
    3) If I get the discovery request back and everything seems to be legal, at this point can I just pay the ticket and an extra 49.00 for drivers school? Enclosed in the papers sent to me by the courthouse was an option to pay the 445.00 + 49.00 for drivers school. I haven't taken drivers school in over five years, and it was in another state.
    Yes, that remains as one of your options throughout the entire process.

    Quote Quoting topfrog007
    View Post
    4) If the discovery request comes back with everything legal, should I try to do a Trial by Declaration? Or just do #3 above?
    That is your option... If you feel you have a good defense, the a Trial By Declaration would be worth your shot. If not, then you might want to consider the Traffic school option.

    Quote Quoting topfrog007
    View Post
    I want to avoid going to the courthouse because I live over 1200 miles away!
    Well, I assume that you are not in California then which means that if you opt to go with the Traffic School option, you would be doing so by enrolling in an online school course. That in turn would suggest that when you call the court for an extension, you should also ask them if enrolling in an online school is satisfactory. Some counties in California (Orange County, for example) will only accept a traffic school certificate for a course that is taken in a class room setting. And in your case, that might be difficult to accomplish if you are not in California.

    Lastly, and at the risk of starting a big argument about this note, does your courtesy notice that you received from the court not mention a "mandatory court appearance"?

    If not, then you're good... If so... Then that may limit your options as far as being able to plead/request a TBWD through the phone or by mail.

  3. #3
    Join Date
    Jul 2009
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    6

    Default Re: California 22349(A) - a Few Questions from a First Timer

    Well, I called the court and got an extension until August 3rd. I also checked and they do allow online traffic school, so that is great news.

    Quote Quoting That Guy
    View Post
    Lastly, and at the risk of starting a big argument about this note, does your courtesy notice that you received from the court not mention a "mandatory court appearance"?
    The courtesy notice just says: "A Notice to Appear and Citation charging the violation described below has been filled with this court. Unless you appear in Court and answer these charges, or post bail, as set forth below you may face further charges, increased bail, arrest, lost of driving privileges, or any combination of such consequences."

    Had a few more questions for you all. I'm currently filling out my Discovery request paperwork, I'm using the templates located here: http://www.helpigotaticket.com/proc/discover.html

    1) Is the cover letter necessary? I'm a little confused as it's opening paragraph is "optional" and seems tailored to a District Attorney who has said they couldn't help.

    2) What do I put as my case number? On the courtesy papers, I don't see any case number. All I have on my courtesy papers are, a Docket Number and a Citation Number. I have a feeling it's the Docket Number, but just want to confirm.

    3) Do I need to have the Proof of Service form completed with a discovery request? Or is it mainly to accompany the Trial by Declaration?

    Thanks again,
    - P

  4. #4
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    Jul 2009
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    Default Re: California 22349(A) Speeding Ticket ... questions from a first timer

    Anyone? I'm really lost here...

    I believe that I have #2 answered... Docket number = a number used to look up a case number.

    TIA,
    - P

  5. #5
    Join Date
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    Default Re: California 22349(A) - a Few Questions from a First Timer

    Quote Quoting topfrog007
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    1) Is the cover letter necessary?
    Its a matter of personal preference.

    Quote Quoting topfrog007
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    2) What do I put as my case number? On the courtesy papers, I don't see any case number. All I have on my courtesy papers are, a Docket Number and a Citation Number. I have a feeling it's the Docket Number, but just want to confirm.
    I'd use both!

    Quote Quoting topfrog007
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    3) Do I need to have the Proof of Service form completed with a discovery request?
    Yes! Not "need to"... "HAVE TO"... And follow the instructions of the Proof of Service. Meaning, you have to have someone other than you complete it and mail it on your behalf. Also, make four copies of everything you mail. One copy gets filed in court after your request is mailed, and you'll need the three other copies for when you appear in court or prior to that if you have to file any motions in case the DA ignores your resuest.

  6. #6
    Join Date
    Jul 2009
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    6

    Default Re: California 22349(A) - a Few Questions from a First Timer

    Hi Guys,

    Just an update. My due date is set for August 31st. I sent in discovery request letters about 3-4 weeks ago.

    I haven't recieved anything back from the DA, so I called the courthouse today and they said I should file another extension. They also mentioned that the DA doesn't handle any discovery requests and that I would have to send the letters to the CHP.

    Any comments on that?

  7. #7
    Join Date
    Mar 2009
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    LA LA Land
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    Default Re: California 22349(A) - a Few Questions from a First Timer

    Quote Quoting topfrog007
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    Hi Guys,

    Just an update. My due date is set for August 31st. I sent in discovery request letters about 3-4 weeks ago.

    I haven't recieved anything back from the DA, so I called the courthouse today and they said I should file another extension. They also mentioned that the DA doesn't handle any discovery requests and that I would have to send the letters to the CHP.

    Any comments on that?
    The Penal Code says nothing about serving the CHP with a discovery request. If you plan on fighting the ticket then go to court plead not guilty and file a "motion to compel"... See what the judge says.

    Oh, and take a copy of the discovery request and the proof of service with you and submit copies of those when making your motion to compel.

  8. #8
    Join Date
    Apr 2009
    Location
    SF Bay Area
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    625

    Default Re: California 22349(A) Speeding Ticket

    Well, you live 1200 miles away and you aren't eligible for traffic school. In theory, a judge can still offer traffic school in situations where excess speed is above 25mph, VERY few judges do.

    I also had a speeding ticket on I-5 a while back last year and received the traffic school packet despite the fact that I already took traffic school option less than a year before. Call the clerk and confirm. That particular court might be bending the rules by having the clerk offer traffic school or it might've been a mistake on part of the court.

    The only realistic choices you have are.

    1. Send in the check and eat the point on your license - it's not cheap, but not the end of the world, either.

    2. Do a trial by declaration and hope the officer doesn't file a response. It will only take you 5 minutes to write in your current mailing address and the phrase 'i am not guilty!' for the statement of facts. You will still have to mail in the check for the fine amount along iwth your declaration.

    3. Take traffic school if, in fact, the court allows you to do it without making an appearance and do it online. Keep in mind that you may be required to take a proctored final exam - this varies from county to county.

  9. #9
    Join Date
    Jul 2009
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    6

    Default Re: California 22349(A) Speeding Ticket

    Hi guys,

    I got a packet in the mail, which was the response to my discovery request! I don't really know what to make of most of it, but a few things I noticed were:

    1) They claim they didn't receive my request until almost a month after I sent it, even though I have a confirmed postal receipt from my proof of service saying otherwise. Is there a time limit for their response?

    2) The make/model of the car is listed as a "rave rover"? The make is Land Rover and the model is Discovery

    3) Nothing was circled as to the weather conditions on the officers notes.

    Here is a link to the image shack album, if you click on the individual picture you can enlarge it with the "Full Size" button in the bottom right corner.

    http://img199.imageshack.us/gal.php?g=0921200901.png

    I really appreciate any and all help! Thanks so much

    - Preston

  10. #10
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    Mar 2009
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    Default Re: California 22349(A) Speeding Ticket

    Quote Quoting topfrog007
    View Post
    1) They claim they didn't receive my request until almost a month after I sent it, even though I have a confirmed postal receipt from my proof of service saying otherwise. Is there a time limit for their response?
    As long as you receive it with ample time to review it (before your court appearance), then arguing it was late will not get you anywhere. If you make an issue of it, and if the judge feels you need more time, then he/she'll just grant you another extension.

    Quote Quoting topfrog007
    View Post
    2) The make/model of the car is listed as a "rave rover"? The make is Land Rover and the model is Discovery
    Not an issue. His notes specifically state there were no other vehicles around, so arguing a case of mistaken identity or "someone else did it" will more than likely fail.

    Quote Quoting topfrog007
    View Post
    3) Nothing was circled as to the weather conditions on the officers notes.
    Weather, is not a factor. The limit is 65mph and you were charged with 22349(a), exceeding the 65mph speed limit NOT a 22350, unsafe/imprudent for conditions.

    Quote Quoting topfrog007
    View Post
    Here is a link to the image shack album, if you click on the individual picture you can enlarge it with the "Full Size" button in the bottom right corner.

    http://img199.imageshack.us/gal.php?g=0921200901.png

    I really appreciate any and all help! Thanks so much

    - Preston
    The only discrepancy I see is that you mentioned a BMW at a 1/4 mile ahead and that he pulled both of you over at the same time; he says (on his notes) "NO VEH AROUND". If my interpretation of that is correct, ("No Vehicles around"), then you might be able to trip him up. However, the other side of that argument is, if the BMW was 1/4 mile ahead, he caught him on Radar, saw you approaching, stayed where he was, let the BMW pass, got you on Radar (and assuming he was using his rear facing Radar antenna), then when he caught you, there really truly were not any other vehicles around (between you and him).

    Even with that, I really, honestly, don't think you have a case. Your only hope is if he doesn't file his TBD (or show up in court if you go to court), and with this being the CHP, I think the chance of him not filing/showing up are pretty slim.

    If you're still set on fighting this, just keep in mind that traffic school might not be on the table if you lose. (At that point, its up to the judge to allow it or not. And most of the time, they don't).

    If I were you, I'd bite the bullet and take traffic school.

    And by the way, you were cited for 98 in 65, not 95 in 65 as you first stated.

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