Page 1 of 2 1 2 LastLast
Results 1 to 10 of 13
  1. #1
    Join Date
    Dec 2009
    Posts
    8

    Default Strategy for a Trial by Written Declaration - California VC 22350

    My question involves a speeding ticket from the State of: California

    I recently received a citation for 75 MPH on a motorcycle. On the citation, the P.F./Max Spd. is 80, Veh. Lmt. is 55, and Safe is 55. The radar box has a line through it, which I assume means I was paced.

    Conditions were Clear, Dry, and Light traffic.

    The claim is a violation of VC 22350.

    I've reviewed the 30 Questions defense here: http://helpigotaticket.com/speed/30questions.html

    The date to appear in court is not for a few more weeks, and I intend to deliver a notice to request TBWD before the deadline. In addition to the standard defenses in the 30 Questions, I have a few other facts that I could include. I'd like to know whether they are worth mentioning.

    -----

    The street on which this occurred is similar to this one (this isn't where I was actually cited, I just scrolled around on Google maps to find one similar to the area where I was pulled over).

    http://maps.google.com/maps?f=d&sour...,0.011362&z=17

    Let's say the officer first spotted me at A, followed me to B (and noted the infraction here on my citation), and I pulled over at C.

    I looked up average deceleration speeds and found this: If a street surface is dry, the average driver can safely decelerate an automobile or light truck with reasonably good tires at the rate of about 15 feet per second (fps).

    Note that my vehicle is a motorcycle, and not a car or light truck.

    In any case, this would make my stopping distance 403 ft, which, even if we ignore my reaction time, indicates that I began breaking 200 ft before the location of my infraction, if indeed I was traveling as the speed the officer claimed. So a few things that came to mind:

    1. Where I was pulled over and the location of my infraction indicate that I was travelling at or below 55 MPH. (If you calculate stopping distance using that speed, you'll see this.)
    2. You don't/can't brake on a motorcycle while navigating a turn, so this again conflicts with where my vehicle was stopped even if I had been traveling over 75 MPH in that portion of the road. I wouldn't actually be able to start braking until around point B.
    3. And, well, I'll just tell you guys (but I know I can't prove this legally)... I'm not able to ride my motorcycle at 75 MPH through the curves on the actual road where I was cited. I don't practice any racing or sharp turns, and I'm simply not capable of doing it. I don't think a car would be able to follow me at that speed either, so I don't know where and how he claims I was paced, to be quite frank.

    Sorry for the long post, but any help is greatly appreciated. Is this additional info a waste of time? Should I stick with the standard defense? Since this is a TBWD, I don't have the opportunity to ask the officer to, say, point out on a map where he pulled me over.

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Trial by Written Declaration - 22350 (California) - Requesting Advice

    Mathematical calculations aren't going to get you a whole lots of beans in court versus his Radar reading or his pace. File an "informal discovery request", see if you can get the Engineering and Traffic Survey and work on developing a defense from there.

    Are you sure that PF/Max speed says "80mph"? That doesn't make any sense! Also, the line through the Radar box might also mean that he DID use Radar... You should also request a copy of the officer's notes which might offer some clarity to some of these questions.

  3. #3
    Join Date
    Dec 2009
    Posts
    8

    Default Re: Trial by Written Declaration - 22350 (California) - Requesting Advice

    I left the citation in my office at work. But I'll check on Monday. I'm quite sure it says "80" ... I'm double check that I'm not mistaking a 5 or 6 for an 8.

    The officer actually attempted to cite me for what would have been a more serious violation than speeding, which he observed at what would roughly be location A in my analogy and followed me all the way to B/C before I was pulled over. Radar only works when he's parked and I cross his path perpedicularly, correct? I think this further implies that I was paced. After explaining why my actions at A were proper and legal, he proceeded to issue the speeding citation.

    For the informal discovery, should I submit this along with my initial request for TBWD (not TR-205, just the letter asking for the TBWD). I'm confused where in the process I am supposed to submit my discovery request.

  4. #4
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Trial by Written Declaration - 22350 (California) - Requesting Advice

    Quote Quoting nonplus
    View Post
    I left the citation in my office at work. But I'll check on Monday. I'm quite sure it says "80" ... I'm double check that I'm not mistaking a 5 or 6 for an 8.
    The entry under PF/MAX is supposed to be the posted speed limit (PF means "Prima Facie" and MAX means the maximum allowed). So what was the posted limit?

    Quote Quoting nonplus
    View Post
    Radar only works when he's parked and I cross his path perpedicularly, correct?
    Actually, Radar works in stationary mode or in moving mode. Also, you need not be perpendicular to him. The beam which is emmitted by the Radar gun takes on a V shape which gets wider and wider as it moves away from the gun itself. Also, and for future reference, most police vehicle that are equipped with Radar, have 2 guns... Forward facing and rear facing. So he could be in front of you, behind you, diagonally from you, moving in your same direction or coming at you from the other direction, and he can still get a reading.

    Quote Quoting nonplus
    View Post
    For the informal discovery, should I submit this along with my initial request for TBWD (not TR-205, just the letter asking for the TBWD). I'm confused where in the process I am supposed to submit my discovery request.
    Well, assuming you want to present a viable defense in your TBD, then you would be better off serving your discovery request NOW rather than waiting until you submit your TBD request. Search the forum here for "informal discovery request" or Google the same and read more about it... Often times, it can get pretty frustrating and it can be a drag. However, it is an important step in the process of deciding whether you have any defense at all.

  5. #5
    Join Date
    Dec 2009
    Posts
    8

    Default Re: Trial by Written Declaration - 22350 (California) - Requesting Advice

    The posted limit in the curvy part of that road (A to B) is 45 MPH. Prior to the last turn just before B, there is a sign for 35 MPH. The officer stated that he was giving me a speeding ticket for the smallest amount he could, but that may or may not be true.

    This was the link I had for the discovery request: http://helpigotaticket.com/proc/discover.html

    It has a Cover Letter, Proof of Service, and I think in this case I'll use the form they have for Speed Pace. Can I mail/deliver the request myself, even though the Proof of Service seems to imply it should be done by an uninvolved 3rd party?

    I'll scan the non-personal part of the citation when I get a chance and show where the P.F. speed is listed, among other things.

  6. #6
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Trial by Written Declaration - 22350 (California) - Requesting Advice

    Quote Quoting nonplus
    View Post
    and I think in this case I'll use the form they have for Speed Pace.
    Why not ask for both... Speedometer calibration if it was a pace and/or Radar calibration if it was Radar? Either way, neither of those would matter anyways since both, the speedometer AND Radar are calibrated as per the requirements. The important document that you should concentrate on getting is the E&T Survey with which you can try to present a "Speed trap" defense if the limit is unjustified.

    Quote Quoting nonplus
    View Post
    Can I mail/deliver the request myself, even though the Proof of Service seems to imply it should be done by an uninvolved 3rd party?
    It must be served/mailed by a 3rd party. Otherwise it is not valid.

  7. #7
    Join Date
    Apr 2009
    Location
    SF Bay Area
    Posts
    625

    Default Re: Strategy for a Trial by Written Declaration - California VC 22350

    You do have one advantage in your case - the cop who pulled you over clearly doesn't know traffic law very well. By citing VC22350 rather than VC22349(b), he gave you a shot at winning the case that you wouldn't have if you were charged with VC22349(b).

    There are quite a few esoteric legal issues with cases where the defendant is charged with VC22350 but the measured speed is above the statutory maximum. In any case, the first step would be to file a TBD with the statement of facts saying "i'm not guilty" and getting a copy of the officer's declaration if he files one (if he doesn't, you win!). I'd also read up on both VC22350 and VC22351(b) codes, too!

  8. #8
    Join Date
    Dec 2009
    Posts
    8

    Default Re: Strategy for a Trial by Written Declaration - California VC 22350

    Here is a scan of the "meat" of the ticket. Note the P.F. Max Speed.


  9. #9
    Join Date
    Dec 2009
    Posts
    8

    Default Re: Strategy for a Trial by Written Declaration - California VC 22350

    Couldn't I technically use as (one of) my arguments that the alleged speed at which I was driving does not exceed the P.F. Max Spd. indicated on the ticket?

  10. #10
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Strategy for a Trial by Written Declaration - California VC 22350

    Quote Quoting nonplus
    View Post
    Couldn't I technically use as (one of) my arguments that the alleged speed at which I was driving does not exceed the P.F. Max Spd. indicated on the ticket?
    You can argue that... However, by doing so, you are admitting that you were driving at 75mph (20mph over the posted the limit)...

    Additionally, here is what you are up against:
    22351.
    (b) The speed of any vehicle upon a highway in excess of the prima facie speed limits in Section 22352 or established as authorized in this code is prima facie unlawful unless the defendant establishes by competent evidence that the speed in excess of said limits did not constitute a violation of the basic speed law at the time, place and under the conditions then existing.


    First, note that 22351(b) states that "The speed of any vehicle upon a highway in excess of the prima facie limits in section 22352 or established as authorized in this code is prima facie unlawful...". Note it doesn't say "... in excess of the Prima Facie limits written on the citation..."

    Second, and without presenting the court with a viable argument (see 22351(b) above and pay special attention to the words "competent evidence") that your speed in excess of such limit was safe, reasonable and prudent, then my guess is you'll end up losing anyways.

    In other words, my guess is that the "80" entry will be ruled as an minor error and one that will not deem the citation as defective.

    Just my opinion.

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Speeding Tickets: Trial by Written Declaration for California Speeding Ticket CVC 22349 (A)
    By Stacey_Fever in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 06-11-2011, 10:21 AM
  2. Hearings and Trials: California Trial by Written Declaration
    By stever17 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 01-20-2011, 01:46 PM
  3. Hearings and Trials: Maintaining Rights to Speedy Trial for Trial by Written Declaration
    By Zod in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 05-28-2009, 04:35 AM
  4. Speeding Tickets: VC 22350 Lost Written Declaration
    By richie95678 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 5
    Last Post: 02-20-2009, 09:10 AM
  5. Speeding Tickets: Trial by Written Declaration
    By hticket in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 12-28-2008, 04:23 PM
 
 
Sponsored Links

Legal Help, Information and Resources