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...