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  1. #1
    Join Date
    Sep 2009
    Posts
    1

    Default Aircraft Speeding Ticket

    Howdy all! So, I got a speeding ticket today (not a fun experience) for driving 89 in a 65 (although he stated my speed was fluctuating between 86 and 89). Officer explained to me that there was an airplane clocking me at that speed.
    Just so you know all the info:
    Violation: 22349(A) VC
    Location: W/B I80 E/of Clipper Gap

    This is in California, Placer County.

    I am definitely going to fight it. I have done a lot of research the past couple of hours, but I dont know what is good advice and what isnt. I was hoping someone might be able to tell me their experiences as far as what works/what doesn't. Here's what I am thinking:


    1. Do a trial by written declaration. This should give me two chances to fight the ticket, correct? If the officer doesn't write a response, I win by default, yes? I can always set a later court date and have a physical court appearance. Is this a good idea, or a waste of my time?

    2. If I do go in for a physical court date, I have a couple of ideas as far as helping to get it dismissed.

    a. There were a total of at least 3 officers involved with my ticket. Two at the cop car pulling me over and at least one more in the plane. If they are not all there, and I have a right to face my accuser, the case should be dropped.

    b. Right to a Fair and Speedy Trial- I don't mind when my trial is set, but right now the court date is December 9! That is clearly after California's set definition of a speedy trial (45 days). Is it best to wait for the date and bring it up then, or do I need to take action to try and get it scheduled within the 45 days?

    c. Speed Trap- From what I have read, it seems like the airplane could be considered a speed trap, "A particular section of a highway measured as to distance and with boundaries marked, designated, or otherwise determined in order that the speed of a vehicle may be calculated by securing the time it
    takes the vehicle to travel the known distance." If I get the cop to explain that is how they determine the speed, then cite this part of the code, it should help me, right?

    d. "Every officer arresting, or participating or assisting in the
    arrest of, a person so charged while on duty for the exclusive or
    main purpose of enforcing the provisions of Divisions 10 and 11 is
    incompetent as a witness if at the time of such arrest he was not
    wearing a distinctive uniform, or was using a motor vehicle not
    painted the distinctive color specified by the commissioner. " One of the officers giving me the ticket was uniformed. The other had a badge on, but was not in uniform (a plaid shirt). Could this be used to my advantage? The ticket lists two names ( I would assume the two in the car).

    e. Officer's Testimony/6th Amendment: I have a right to "be confronted with the witnesses against [me]". If I can prove that he cannot recall without the aid of his notes, then he is incompetent (harsh word, but its what they use I guess!) and cannot be used as a witness. Is this bull, or would it actually stand up? In addition, the citation says, "W/B I80 E/of Clipper Gap", not west bound interstate 80 east of clipper gap. Is that significant in any way?

    f. Getting information: How do I actually go about getting information from the court pertaining to maintenance reports of their gear? Do I need a specific form to request it?

    g. Speed Check Stations- Need to be done every 5 years, correct? I was actually talking to a lawyer about this one; he said that often times they dont do this. Is this grounds to get the ticket thrown out?


    I think that is all my questions for now. I would appreciate feedback even on part of it. Sorry for such a long post!


    Thanks!

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Aircraft Speeding Ticket, Research Done. Advice

    Trial by declaration or a Trial de Novo, are both a waste of your time unless you have a viable defense... And none of what you mentioned in your post offers you that.

    Speed trap do not apply to state highways where a statutory speed limit is posted because a speed survey is not required to justify such a limit.

    Aircraft speed enforcement might utilize a number of different ways to measure vehicle's speeds. Law enforcement is aware of the CVC section you cited and they would not use it to begin with so... No dice on that one either.

    The 45 day speedy trial clock starts to tick (in your case) on December 9th (which is your "arraignment date" NOT your "trial date"), meaning a trial must be set within 45 days from THAT date, not from the date you were cited.

    As for "maintenance/calibration records", you can file for "discovery" to obtain copies of and/or information about whatever evidence will be used against you in court. there are plenty of threads on here to give you more details as to how to proceed.

    With all that being said, and despite your long post, I really have not read anything that will, in my opinion, justify a "not guilty" plea in your case. You are within the limits of the law to contest your citation, although based on what you've stated, it does NOT look promising at all.

  3. #3
    Join Date
    Apr 2009
    Location
    SF Bay Area
    Posts
    625

    Default Re: Aircraft Speeding Ticket, Research Done. Advice

    Quote Quoting That Guy
    View Post
    Trial by declaration or a Trial de Novo, are both a waste of your time unless you have a viable defense... And none of what you mentioned in your post offers you that.
    A declaration takes a few extra minutes to do, and there is an okay chance the officer won't respond (case dismissed!!!). And if you lose, there's always trial de novo (and you can get a copy of the officer's testimony if you pick up a copy of the officer's declaration).

    On the same note, there's absolutely nothing wrong with making the prosecution prove its case.

  4. #4
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Aircraft Speeding Ticket, Research Done. Advice

    Quote Quoting HonkingAntelope
    View Post
    A declaration takes a few extra minutes to do, and there is an okay chance the officer won't respond (case dismissed!!!).
    You call it an "okay chance" but from what I've been told by a few CHiPpers is that they are "required" to respond to TBDs the same way they are expected to appear in court... Which might suggest an "I stand by my plea of not guilty" declaration (which might be what you're eluding to) will less than likely prevail in court. But we can agree to disagree.

    Quote Quoting HonkingAntelope
    View Post
    On the same note, there's absolutely nothing wrong with making the prosecution prove its case.
    I never suggested there was anything wrong with that. All I was saying is that none of the arguments that the OP posted presented a viable defense. Attempting to capitalize on a "prosecution's failure to prove their case", and although it can lead to the same final score of "case dismissed/not guilty verdict" is a completely different game plan.

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