PDA

View Full Version : Fighting Speeding: rules and document collection



sprytsi
09-27-2008, 08:19 AM
I have been hearing lots of information on speeding tickets, but want some solid information to fight tickets. Especially radar tickets.

You can request radar certificates, calibration, and officer training, but can you do this by mail with the CHP?

I also heard some information about following the flow of traffic, instant on radar having errors, and requirements for a "good" radar reading?

What about vehicle profiling and false reading? Tagging the car next to you?

I know trial by written declaration, but what should you declare? Vehicle code?

sprytsi
09-29-2008, 03:51 PM
Anyone?

RREVOVIII
09-29-2008, 04:17 PM
Anyone?
just follow the Speed Limit ;)

sprytsi
09-29-2008, 04:19 PM
Anyone?
just follow the Speed Limit ;)




Doesn't help me with current tickets :)

ZK
09-29-2008, 09:07 PM
You can request radar calibration records through Trial by Declaration.

If he was pacing you, you can ask for speedometer calibration on his car.

If he got you on lidar (not radar) you are going to have a hard time fighting that. Radars will hit all cars around so if someone was next to you, it might hit that guy and he got a false reading. Lidar is targeted line of sight and only gets one car.

In your trial by declaration, you quote vehicle codes and back up your argument with proof. It really depends what he got you for. If he wrote basic speed law, you can argue that easily. If he got you for exceeding the maximum speed limit.. like on a highway, you can't really argue that you were going safe for the conditions. Max speed is max speed. All you can argue is that he made a mistake.

If your letter fails, you can request a trial de novo and go to court in person. Be prepared with your evidence and hope he does not appear. If he does appear, you are pretty much screwed because he will come with evidence against you. If you have something prepared that can prove him wrong and you haven't already argued in your letter - you have a chance... but it is slim. If it is his word against yours, the court will pick him. So if you show up .. hope he doesn't show.

Here's a sample letter:

I respectfully submit this written declaration to the Court pursuant to CVC 40902. I plead Not Guilty to the charge of violating CVC 22349(a).

The facts of my case are as follows: While driving northbound on I280 at [time] on [date] north of [location], I was stopped by a CHP officer and was charged with violating CVC 22349(a). Though the Officer has alleged that I was over 80 mph, I believe that I was driving no faster than 75 mph.

The Basic Speed Law, CVC 22350, states: "No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of the highway, and in no event at a speed which endangers the safety of persons or property."

Traffic was very light on Highway 280 at that time of day. The day was slightly overcast, but crisp and cool, with excellent visibility. It was a lovely day (until I got stopped, of course) and all other cars on the road were going much the same speed. Several cars passed me as the officer flagged me down. 280 is a very safe highway with wide lanes, built for fast-moving traffic well in excess of the speed limit of 22349(a).

Section (b) of Speed Law Violations, CVC 22351(b), states: "The speed of any vehicle upon a highway in excess of the prima facie speed limits...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."

The conditions existing at the time and place of my stop were favorable and made the speed I was traveling Safe and Reasonable under these conditions. As such, I know that I was not in violation of the basic speed law at the time and place of my citation and, pursuant to CVC 22351(b), contest that my speed at the time of my traffic stop was therefore not prima facie unlawful.

I trust in the Court's fairness and believe that my citation should be dismissed in the interest of justice.

EveIX
09-29-2008, 09:18 PM
Damn....gonna have to copy that one.....very nicely put. Thanks.

ZK
09-29-2008, 09:25 PM
Damn....gonna have to copy that one.....very nicely put. Thanks.


I wouldn't use the same letter... it's an example. You have to argue whatever CVC he got you for.

This is a letter for Basic Speed Law... most CHP don't use it anymore as it has a ton of holes in it as you can see. There was also no radar evidence against you in this case. This is a case where he "thought" you were going 80mph.

You can also write in and hope he doesn't write back... :lol:

EveIX
09-29-2008, 09:27 PM
Damn....gonna have to copy that one.....very nicely put. Thanks.


I wouldn't use the same letter... it's an example. You have to argue whatever CVC he got you for.

This is a letter for Basic Speed Law... most CHP don't use it anymore as it has a ton of holes in it as you can see. There was also no radar evidence against you in this case. This is a case where he "thought" you were going 80mph.

You can also write in and hope he doesn't write back... :lol:



Right....but its a great start...just work out the fine details....

sprytsi
09-30-2008, 08:12 AM
That is a nice letter, I wish I had it for my Trial by Written Declaration. Right now I'm preparing for a Trial De Novo.

I requested the radar records through my trial by written declaration, I haven't seen the officer's letter so I'm not sure if he produced them.

I wish I had time to spend at the court house talking to the clerk about all of this though.

chrisw
09-30-2008, 08:24 AM
just pay the money and buy a lawyer...

http://www.norcalevo.net/forum/index.php/topic,32026.0.html

Susp3nc3
10-14-2008, 10:44 PM
just do the declaration...doesn't matter what you write because the cop has to counter it with his own written statement. I have done it 3 times and gotten off 3 times. Cop doesn't write = your off...doesn't matter what happened or what you wrote

sprytsi
10-15-2008, 08:57 AM
just do the declaration...doesn't matter what you write because the cop has to counter it with his own written statement. I have done it 3 times and gotten off 3 times. Cop doesn't write = your off...doesn't matter what happened or what you wrote


The one I did I was found guilty, so I'm doing a trial De Novo on it now.

The problem with Written Declaration is that you have to pay bail up front.

awdaddict
10-15-2008, 09:04 AM
just do the declaration...doesn't matter what you write because the cop has to counter it with his own written statement. I have done it 3 times and gotten off 3 times. Cop doesn't write = your off...doesn't matter what happened or what you wrote


The one I did I was found guilty, so I'm doing a trial De Novo on it now.

The problem with Written Declaration is that you have to pay bail up front.

But you get it back if you win... why does it matter?

Going to court or trial by declaration both would require you to pay at the deadline. :?
So.. I'm not sure where you are going with that.

Sfkn2
10-15-2008, 09:19 AM
Check the ticket assassin website and see if that helps.

sprytsi
10-15-2008, 10:12 AM
just do the declaration...doesn't matter what you write because the cop has to counter it with his own written statement. I have done it 3 times and gotten off 3 times. Cop doesn't write = your off...doesn't matter what happened or what you wrote


The one I did I was found guilty, so I'm doing a trial De Novo on it now.

The problem with Written Declaration is that you have to pay bail up front.

But you get it back if you win... why does it matter?

Going to court or trial by declaration both would require you to pay at the deadline. :?
So.. I'm not sure where you are going with that.


Trial by Declaration makes you pay bail up front while trial at court makes you pay at the conclusion of your trial (if found guilty).

I'm relatively strapped for cash currently which makes it difficult to fork over $350 for a trail by declaration.

sprytsi
10-15-2008, 10:13 AM
Check the ticket assassin website and see if that helps.


I checked it, I'm going to use it for my upcoming case :)

Susp3nc3
10-15-2008, 03:19 PM
ah dang...ive only heard good things about written declarations...sucks that you were found guilty...cop must have had nothing else to do hah wtf

Ben
10-16-2008, 03:49 PM
Did you go to traffic school? Oh and slow down. Especially when child is in car.

sprytsi
10-16-2008, 04:00 PM
Did you go to traffic school? Oh and slow down. Especially when child is in car.


of course i drive slow with kiddo and preggo wife.

I need to attend traffic school