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  1. #1

    Default Speeding Ticket in Kern County - Cop Said No Change of Venue

    HI,

    I live in LA and received a speeding ticket for 10MPH over the speed limit in Kern County driving in a rental vehicle. At the time of ticket issuance, I asked the cop if I could change the court location. He said no. He asked me if you live in Sacramento, are cops going to drive over to Sacramento to appear in court?

    Can one of the defenses be that vehicle wasn't mine? I guess not.

    The cop and I were driving in opposite directions on HWY 395. He clocked me in at 84MPH but he did me a favor by saying I did a ten miles over the speed limit on the ticket. I thought cop has to be stationary to clock you in? Can cop clock you driving in opposite direction? Once he clocked me in, I saw him making a u-turn and I thought to myself, "oh no, I am going to get a ticket." He proceeded to drive up to me and flashed his light.

    The 2010 buick enclave SUV is fast. couldn't help driving fast. At one point I was driving 108MPH but couldn't go over it because it is electrically limited. I guess speed is limited in rental vehicle. You feel you were going 50 or 60mph but you were actually going 90+ mph.

    I want to change the court venue to LA court because it is a three hour drive. So painful.

    So for next steps, I would do these in combination: 1. call the county or go to county website to post pone court date. 2. Do a discovery request. 3. ask for trial by written declaration.

    Let me know if it works. I don't think once I post pone the court, I could ask for trial by written declaration. So if that's the case, i am going to do a discovery request including asking for proof of cop's calibration ticket.

    Please help.

    On the other hand, i beat my red light camera ticket. http://www.youtube.com/watch?v=MXiPplBFbmk

  2. #2
    Join Date
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    Default Re: Speeding Ticket in Kern County- Cop Said No Change of Venue

    It is very unlikely that the Kern County courts will agree to a change of venue to Los Angeles County. The agencies in the county are not likely to want to send their officers so far away, and these neighboring courts are not likely to want to take on the added expense. As such, any defense you make should probably be done by written declaration if you do not want to appear in person.

    To answer your questions, yes, the officer can clock in a moving vehicle from the opposite direction (assuming he was operating a radar capable of this and most of them are). If it was a Stalker Dual II, then it has that capability.

    And, no, the vehicle not being yours is not a defense.

    What offense were you cited for?

  3. #3
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    Default Re: Speeding Ticket in Kern County- Cop Said No Change of Venue

    Quote Quoting diamente
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    Can one of the defenses be that vehicle wasn't mine? I guess not.
    You guessed right. That defense is NOT going to work for you.

    Quote Quoting diamente
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    I thought cop has to be stationary to clock you in?
    Not true. Its called “moving Radar”.

    Quote Quoting diamente
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    Can cop clock you driving in opposite direction?
    Yes.

    Quote Quoting diamente
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    The 2010 buick enclave SUV is fast. couldn't help driving fast. At one point I was driving 108MPH but couldn't go over it because it is electrically limited. I guess speed is limited in rental vehicle. You feel you were going 50 or 60mph but you were actually going 90+ mph.
    And I'm betting that the 2010 Buick Enclave had a nice shiny new speedometer that is in perfect working order. And therefore it is your responsibility to monitor your speed accordingly.

    Quote Quoting diamente
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    I want to change the court venue to LA court because it is a three hour drive. So painful.
    Not gonna happen. A change of venue for a traffic infraction is allowed in limited cases but ONLY if you're requesting to change courts within the same county where you were cited. Since you were cited in Kern County, your motion to change venue to L A County will be denied.

    Quote Quoting diamente
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    I don't think once I post pone the court, I could ask for trial by written declaration.
    California Rule of Court 4.210. Traffic court—trial by written declaration
    (b) Procedure
    (2) Extending due date

    If the clerk receives the defendant’s written request for a trial by written declaration by the appearance date indicated on the Notice to Appear, the clerk must, within 15 calendar days after receiving the defendant’s written request, extend the appearance date 25 calendar days and must give or mail notice to the defendant of the extended due date on the Request for Trial by Written Declaration (form TR-205) with a copy of the Instructions to Defendant (form TR-200) and any other required forms.

    I interpret that to mean that you must request a TBD by the appearance date indicated on the Notice to Appear. So you might want to call the court clerk to check and see if they will allow you a TBD after and extension.

  4. #4
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    Default Re: Speeding Ticket in Kern County- Cop Said No Change of Venue

    The 2010 buick enclave SUV is fast. couldn't help driving fast.
    I've never heard anyone use "But it's just so fast, it just begged me to speed" for a BUICK before. A Jag? Porsche? Corvette? Sure. But a Buick? Srsly?

    I guess it's not my grandfather's car any more.

  5. #5

    Default Re: Speeding Ticket in Kern County- Cop Said No Change of Venue

    Thank you for your reply. I was cited for infraction, non correctable violation (SEC 40610 VC), 22345 (A) VC EAC 65.

  6. #6
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    Default Re: Speeding Ticket in Kern County- Cop Said No Change of Venue

    Quote Quoting diamente
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    Thank you for your reply. I was cited for infraction, non correctable violation (SEC 40610 VC), 22345 (A) VC EAC 65.
    I'm guessing that is for 22349(a) (there is no 22345).

    I suspect all you can really do is challenge the method used to determine speed.

  7. #7

    Default Re: Speeding Ticket in Kern County- Cop Said No Change of Venue

    Quote Quoting cdwjava
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    I'm guessing that is for 22349(a) (there is no 22345).

    I suspect all you can really do is challenge the method used to determine speed.
    You are right. That 9 looks like a 5. Since I haven't received any mail from court yet because the I just got the ticket yesterday, I looked up the Uniform Bail and Penalty Schedule 2010


    http://www.courtinfo.ca.gov/referenc...010_jcbail.pdf

    to find out how much my ticket cost. On page 34, for VC 22349 (A) violation, it shows 1-15 MPH over 65 MPH speed limit is $146.00+ $65 (see footnote)=$211.00 minimum.

  8. #8
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    Default Re: Speeding Ticket in Kern County - Cop Said No Change of Venue

    Add $65 to that for a good approximation of what you will owe if found guilty.

  9. #9
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    Default Re: Speeding Ticket in Kern County - Cop Said No Change of Venue

    Quote Quoting cdwjava
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    Add $65 to that for a good approximation of what you will owe if found guilty.
    That is in the "+" footnote on the bottom of each page...

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