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  1. #1
    Join Date
    Nov 2009
    Posts
    13

    Default Writing a TBD

    If the officer doesn't reply to the TBD, can the judge make a decision based on my facts alone that i am guilty?

    Ex.
    Avg speed of traffic was 85-90

    At 1 am on the 605 there was little to no traffic

    Conditions were safe and reasonable

    I was going 85 and accident hit the ACCEL button on cruise control while testing it. And it shot me up to 95 in a few seconds when i got pulled over.


    would that already put me as guilty of violation 22349a? 95 in a 65.

    if so, im assuming it would be better to say "I am not guilty" in my statement of facts?

    and if i am found guilty from the TBD with my the "i am not guilty" statement, is my reason legit enough for a judge to dismiss the case?
    1. avg speed of traffic was 85-90
    2. little traffic, open freeway
    3. accidentally hit wrong button on cruise, they are right next to each other.

    thanks...

  2. #2
    Join Date
    Jun 2009
    Location
    California
    Posts
    666

    Default Re: Writing a TBD

    Indicating that you "accidently hit wrong button on cruise" documents that you were not in control of your vehicle. Not a good idea. Based on the info you've provided, it doesn't sound like a contestable ticket to me.

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

    Default Re: Writing a TBD

    yes, if you mention in your statement of facts that you were traveling above 65mph (or 70mph in areas subject to VC22356b), you can be found guilty even without the officer's declaration.

    Also, unlike prima facie limits governed by VC22350, 65 and 70 are MAXIMUM speed limits that may not be legally exceeded for any reason unless you have a gun, a badge, and you are driving with lights and siren. So, the prevailing traffic speed and conditions will not work as a defense.

  4. #4
    Join Date
    Nov 2009
    Posts
    13

    Default Re: Writing a TBD

    so i should just put I am not guilty and that would be fine?

    how many extensions am i allowed make?

  5. #5
    Join Date
    Jul 2009
    Posts
    20

    Default Re: Writing a TBD

    yes.

    and you are allowed 1 60-day extension. call the court clerk.

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