My question involves a speeding ticket from the State of: CA, SD county
I am preparing for a TBWD for a ticket I talked about in this thread: 22350 Ticket for 48 in 35 by CHP Motorcycle with Radar
The survey I got from the county is more than 7 years old. Also, it doesn't necessarily justify the speed limit of 35, but rather the speed should be 40.
I got caught on radar going 48 in 35.
I need help with strategy for TBWD and in general, help with what to write for best effect.
First, my ideas:
I am thinking about claiming an illegal speed trap because of the following:
- The road is classified as "Light Collector", not a local road/street
- The survey is more than 7 years old and there is no evaluation from an engineer. The survey is dated March 8, 2002. The ticket was issued on September 15, 2009.
Next, proper strategy:
Since I am trying to do a basic speed trap case based on the engineering survey, should I request any documents or any other information from the DA?
Should I request an extension of the due date? Right now, it is November 16, 2009. I can get a 30 day extension. Would this help or hurt with a written trial, having the due date during the holiday season?
Finally, help with the written declaration:
I am planning on pleading not guilty and declaring the road an illegal speed trap.
I need help with proper phrasing of this, as I have never done this before, and I am not sure where to start. I read the TBWD form, and I need to write my declaration there, and include any evidence. Do I need to attach a copy of the survey I got from the County? The court should have this on file.
Can I simply state that the road constitutes an illegal speed trap because the survey is outdated?
Thanks in advance.