Results 1 to 2 of 2
  1. #1
    Join Date
    Sep 2009
    Posts
    7

    Default Preparing for TBWD

    Hi,


    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:
    1. The road is classified as "Light Collector", not a local road/street
    2. 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    Can I simply state that the road constitutes an illegal speed trap because the survey is outdated?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.

    Regards.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Preparing for TBWD

    There's so much background to this in your other thread, it may have been better to continue that discussion rather than starting a new one.

    I wouldn't seek an adjournment of a TBWD simply for the sake of adjourning the case. I don't think it will affect the outcome. IMHO you should submit a copy of anything you believe to support your claims to your submission; do not expect the court to go seeking out and pulling records you don't supply.

    1. Sponsored Links
       

Similar Threads

  1. Hearings and Trials: Getting an Extension for a TBWD
    By samsonian in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 11-03-2010, 05:38 PM
  2. Hearings and Trials: Preparing a TBWD for Right on Red
    By bobbydarling in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 09-08-2010, 06:06 PM
  3. Hearings and Trials: Is a TBWD Possible After a Failure to Appear
    By DanielTatenko in forum Moving Violations, Parking and Traffic Tickets
    Replies: 15
    Last Post: 04-29-2010, 04:46 PM
  4. Hearings and Trials: Preparing a TBWD
    By Body in forum Moving Violations, Parking and Traffic Tickets
    Replies: 8
    Last Post: 02-19-2010, 12:29 PM
  5. Speeding Tickets: What To Do After Losing TBWD
    By michelle in forum Moving Violations, Parking and Traffic Tickets
    Replies: 5
    Last Post: 10-29-2009, 03:34 PM
 
 
Sponsored Links

Legal Help, Information and Resources