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  1. #1
    Join Date
    Sep 2009
    Posts
    13

    Default Trial De Novo Strategy for CVC 22349a

    Hi Folks,

    I recently lost my TBWD for violating CVC22349a (67 in a 45)
    (http://www.expertlaw.com/forums/showthread.php?t=85945)

    Today, I went to the courthouse and filed for Trial de Novo. In addition, I also got the officer's testimony from the TBWD.

    A few points of interest:

    1. The officer says he has done a 24hr POST approved radar course and an 8 hour lidar course. He says he is certified in speed estimation + or - 5mph.

    2. The radar unit used (Kustom Signals Pro Laser III) has an advertised accuracy of 1mph (http://www.kustomsignals.com/product...ct_2113171.pdf)

    My defense strategy, other than hoping the cop doesn't show up

    1. Try to prove that i did not break the maximum speed limit of 65mph by an alleged 2mph since the officer, by his own admission is certified to measure speed with an accuracy of +- 5mph. Since 67mph falls within the officer's margin of error, the case should be dismissed in the interest of Justice.

    2. Before I do the above, ask the officer if he believes I violated the basic speed law, CVC 22350. If he (I hope) answers no, then I can argue the max speed law charge should be dismissed based on #1 above ....

    Does this sound like a reasonable strategy in this case? In the worst case, if all else fails I'll ask for traffic school and fine reduction.

    Thanks for all your help!

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

    Default Re: Trial De Novo Strategy for CVC 22349a

    You were cited in violation of CVC 22349(a) NOT 22350, so even if the judge were to allow your question or allow the witness to answer it, I'm not sure what you're proving by asking the if your speed was in violation of 22350 or not.

    As for your #1 argument, and to simply utilize the +/- 5mph error rate in an attempt to widen the gap between your measured speed and possible speed, might not be convincing enough in that the officer's case is based upon a +/- 1 mph according to the manufacturer's manual. The laser reading will be the one used to establish what your speed was, not the officer's visual estimation.

    Furthermore, and while you can elude to the fact that the "-1" mph can result in an actual speed of 66mph (instead of 67mph), one must also EQUALLY consider that the "+1mph" error rate has the same probability of resulting in an actual speed of 68mph (instead of 67mph).

    At any rate, will your plan work? Only the judge can decide that and only his/her decision will matter. It's worth a try, I guess.

  3. #3
    Join Date
    Sep 2009
    Posts
    13

    Default Re: Trial De Novo Strategy for CVC 22349a

    Quote Quoting That Guy
    View Post
    You were cited in violation of CVC 22349(a) NOT 22350, so even if the judge were to allow your question or allow the witness to answer it, I'm not sure what you're proving by asking the if your speed was in violation of 22350 or not.
    My goal here was to rule out any discussions around the prima facie speed limit . My bail ($408) was set based on prima facie limit of 45mph. I wish to ask this question so that the prima facie doesn't come up and i can at-least ask for correct bail if all else fails.

    As for your #1 argument, and to simply utilize the +/- 5mph error rate in an attempt to widen the gap between your measured speed and possible speed, might not be convincing enough in that the officer's case is based upon a +/- 1 mph according to the manufacturer's manual. The laser reading will be the one used to establish what your speed was, not the officer's visual estimation.

    Furthermore, and while you can elude to the fact that the "-1" mph can result in an actual speed of 66mph (instead of 67mph), one must also EQUALLY consider that the "+1mph" error rate has the same probability of resulting in an actual speed of 68mph (instead of 67mph).
    I agree with your assessment. One thing I forgot to mention was that the officer testified in TBWD that he visually estimated my speed as 65mph and then used lidar to get 67mph reading. He also writes he is certified to use lidar with +-5mph accuracy. I am going to try my best to focus on that point and not get into the manufacturer claimed accuracy of +- 1mph

    Once again, thanks for your valuable feedback!

  4. #4
    Join Date
    Sep 2009
    Posts
    13

    Default Update....my day in court

    I had my day in court today!

    The Judge was very nice and generally accommodating.

    The officer presented his lidar calibration records. I objected to the records as hearsay since the document was not certified. My objection was accepted and the lidar certificate was not admitted as evidence.

    In closing I told the judge that:

    1. The prosecution has not met the burden of proof by providing a lidar certification that is not original/certified true copy. For all we know, the lidar could not be working at all.

    2. The officer as part of his testimony has accepted using the prima facie speed limit (45mph) while enforcing the max speed law. As per People vs Singh, his testimony cannot be accepted unless a valid speed survey is produced.

    3. The officer has mentioned his accuracy is +-5mph in speed estimation. This is well within the margin of error since I was allegedly going 67 which is only 2mph over the max speed.

    The judge refused to accept #2 and #3 as valid arguments. On #1 she said she is not sure and has taken my case under advisement. I will get a decision in the mail.

    What should i expect now? Will it be worthwhile to appeal if she finds me guilty?

    Thanks for all the help on these forums.

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