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  1. #1
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    Nov 2009
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    Post Exact Speed on Ticket

    This is for a case in the state of California.

    Hello,

    I plan to take my ticket to court, using the defense of proving the lack of calibration of the device used to clock me (actually I'm fighting 2 tickets, 1 pacing, and one radar).

    Firstly, has anyone had experience with this "ambush the prosecution on evidence" strategy? has it worked?

    Secondly, and more specifically, I am under the impression that I can fight the ticket based on my exact speed. if the officer "let me off easy" by writing my speed down a bit, which speed do I have to fight them on? the one they wrote, or the speed I was going?

    Secondly, I have a ticket that for speed says 90+ (while I know I was speeding, I am certain that I was not going this fast based on the car I was following. unfortunately that won't help in court). So how would I go about contesting that?

    Thanks again for your help, this is a wonderful resource and I truly appreciate your time!

  2. #2
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    Default Re: Exact Speed on Ticket

    Quote Quoting Trab
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    using the defense of proving the lack of calibration of the device used to clock me
    How do you know that the devices used to clock you, no pun intended, were not calibrated? Have you requested calibration certificates?

    Quote Quoting Trab
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    Firstly, has anyone had experience with this "ambush the prosecution on evidence" strategy? has it worked?
    Considering the fact that you need not present any evidence to prove your innocence, and only raise doubt as to the accuracy of the prosecutions evidence, you've got nothing to ambush them with... Unless you do a discovery request and can further find out what their evidence is, then you're setting yourself to be ambushed by their evidence.

    Quote Quoting Trab
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    Secondly, and more specifically, I am under the impression that I can fight the ticket based on my exact speed. if the officer "let me off easy" by writing my speed down a bit, which speed do I have to fight them on? the one they wrote, or the speed I was going?
    Your question is not specific enough... Post the details of what you were cited with, what the citation says and you might get a more definitive answer.

    Quote Quoting Trab
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    I have a ticket that for speed says 90+ (while I know I was speeding, I am certain that I was not going this fast based on the car I was following. unfortunately that won't help in court). So how would I go about contesting that?
    Again, you're going about this the wrong way... Typically, getting cited for 90+ is sufficient enough for a conviction depending on how the officer testifies... Furthermore, your arguing that "I know I was speeding but I wasn't going that fast" will not get you a dismissal simply because your statment of "I know I was speeding.." is, in and of itself, an admission of guilt.

    Lastly, you would be better off keeping all your posts in the same thread that you started regarding each citation.... That way we don't have to keep jumping back and forth between numerous threads trying to figure out what is going on.

  3. #3
    Join Date
    Nov 2009
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    8

    Default Re: Exact Speed on Ticket

    I apologize for not being clear. this is for a seperate speeding ticket, but I will try to keep everything in one thread. I now have some general questions of how traffic court will work, if you are able to help me I would appreciate it.

    1) If I requestion an extention (usually automatically given via a phone system or online) for my notice to appear, do I waive any rights? (write to a trial, write to trial by written declariation, write to "fair and speedy" trial).

    2) If there are 2 officers present, and both of their names are on the ticket, do they both have to show up to court?

    3) If there are 2 officers present but only 1 is on the ticket, is the situation treated as if there is only 1 officer?

    4) I will do my best to research a trial by written delcaration, but any clarification would be appreciated.
    -firstly, I write to the court via a certified or registered letter 5 days prior to the court date. This letter simply states me desire to TBWD (and I send in my bail with this via check).
    -Then the court will mail me back the forms to write in my written declaration, which I also submit by certified/registered mail (how long do I have to do this? will it say on the forms the send me?).
    -If I lose the TBWD, I have 20 days to request a Trial De Novo (and this is a form that I submit to the court, correct?)

    5) Am I allowed to attend traffic court if I'm not on trial? (just to get a feel for how it will be). If not, are there transcripts online, or even videos? I'm sure this is an usual request, but I don't want to be nervous if I go to court, and thought this would be a good way to prepare.

    6) After being granted a TDN, I go and plea my case directly? The date they send back IS my trial date, or is it like when I would go the first time (which I believe I then plea guilty/not-guilty and get a later date, but that may not be how it is in california).

    7) on one of my tickets, the office wrote: "0861 4-5-4-5-4 (V. on reck.) 9/91"any idea what that means? (I assume reck = reckless driving, also it may have been 4/91 at the end) The Citation was 22349(a) CVC Speed.


    Thanks again for you time.

    Ps. ThatGuy: thank you for your help thus far. I am aware that "I know I was speeding but..." isn't a valid defenes, as they can change it to whatever speed I was going above the 65mph on highways (freeways count the same?). rephrasing my question: when the ticket says 90+, what is it that I'm being charged with exactly? I thought it had to be specific?

  4. #4
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    Default Re: Exact Speed on Ticket

    If anyone has the chance to answer a few of the questions in the above post that would be appreciated.

  5. #5
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    Default Re: Exact Speed on Ticket

    Quote Quoting Trab
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    1) If I requestion an extention (usually automatically given via a phone system or online) for my notice to appear, do I waive any rights? (write to a trial, write to trial by written declariation, write to "fair and speedy" trial).
    No, you don't waive any of your rights.

    Quote Quoting Trab
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    2) If there are 2 officers present, and both of their names are on the ticket, do they both have to show up to court?
    Typically, yes. They would both have to show up and each one will have to independantly testify as to which role he played in the case.

    Quote Quoting Trab
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    3) If there are 2 officers present but only 1 is on the ticket, is the situation treated as if there is only 1 officer?
    Typically no. Only the officer who witnessed the alleged offense, issued and signed the ticket MUST appear.

    Quote Quoting Trab
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    4) I will do my best to research a trial by written delcaration, but any clarification would be appreciated.
    -firstly, I write to the court via a certified or registered letter 5 days prior to the court date. This letter simply states me desire to TBWD (and I send in my bail with this via check).
    -Then the court will mail me back the forms to write in my written declaration, which I also submit by certified/registered mail (how long do I have to do this? will it say on the forms the send me?).
    The forms will tell you and usually it is about 20 to 25 days.

    Quote Quoting Trab
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    -If I lose the TBWD, I have 20 days to request a Trial De Novo (and this is a form that I submit to the court, correct?)
    20 days from the date of the decision (verdict date)...

    Quote Quoting Trab
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    5)Am I allowed to attend traffic court if I'm not on trial? (just to get a feel for how it will be). If not, are there transcripts online, or even videos? I'm sure this is an usual request, but I don't want to be nervous if I go to court, and thought this would be a good way to prepare.
    Traffic court case are not published anywhere. But yes, you can attend traffic court regardless of whether you have a scheduled appearance.

    Quote Quoting Trab
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    6) After being granted a TDN, I go and plea my case directly? The date they send back IS my trial date, or is it like when I would go the first time (which I believe I then plea guilty/not-guilty and get a later date, but that may not be how it is in california).
    The TDN date is your trial date where the officer will testify, you can cross examine him and then you get to testify if you so choose. So its not like your arraignment which is when you get to enter a plea of guilty or not guilty.

    Quote Quoting Trab
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    7) on one of my tickets, the office wrote: "0861 4-5-4-5-4 (V. on reck.) 9/91"any idea what that means?
    The 4-5-4-5-4 might be in reference to lane numbers 4 and 5 to indicate that you were switching lanes but that is a mere guess. I have no clue about the rest of it.

    Quote Quoting Trab
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    Prephrasing my question: when the ticket says 90+, what is it that I'm being charged with exactly? I thought it had to be specific?
    The vehicle code section you were cited for violating is 22349(a) which states:

    Except as provided in Section 22356, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour.

    So as long as the officer can somehow prove that he witnessed you driving in excess of 65 miles per hour, then the elements of the offense were met. They do in fact enter your alleged speed on there and sometimes they state the exact speed they measured you at, other times they write an approximate speed. It doesn't change the elements of the violation but it will in fact affect the fine amount that you would have to pay if found guilty. There are 3 different fine brakets based on the # of miles above the limit you get cited for... 1 to 15 mph above the limit (approx $210), 16 to 25 above the limit (approx $330) and 26+ above the limit (approx $445). So while the officer might have measured your speed at 91 or 92 mph, he opted to list it as 90+ (and maybe saved you about $120).

    So you're charged with driving in excess of 90 mph in a 65 mph zone....

  6. #6
    Join Date
    Nov 2009
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    8

    Default Re: Exact Speed on Ticket

    Thank you very much for that clarification That Guy, you are probably right about the 4-5-4-5-4 thing, although I don't think I was in the 4/5 lane I would have to double check.

    I appreciate your time, and will hopefully have good news to report.
    Cheers,
    Trab

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