California CVC 23336 - How to contest this CVC?

What is the name of your state (only U.S. law)? California

The location of the speeding ticket is on the Bay Bridge's lower deck, between Treasure Island and San Francisco. I was switching lane from the middle right lane to the farthest right lane when I noticed the CHP behind me. At the time, there were cars next to me going around the same speed. CHP pulled me over and cited me for CVC 23336, and he wrote me down for going 60+mph in a 50mph zone.

I usually don't fight my ticket, but I need to fight this for two reasons: 1) my last traffic school was 17months and 29 days ago, so I missed the eligibility for traffic school by 1 day, 2) I was not going the speed as the officer has claimed on my ticket. So hopefully people can help me and provide me with some advice on how I should articulate my defense in my Trial by Declaration.

Here is what I have done thus far:
1. Requested a Court Date
2. Requested a Continuance
3. Submitted a Discovery Request to the DA and to CHP
4. Received ONLY a response from the CHP with the officer's notes
Officer's note states the following:
- Light and Medium Traffic
- Clear weather
- Dry condition
- "Good Dili" - no idea what the officer meant by this, good diligence?
- "Admitted 55"
- "Pace 3/4 miles"

Based on the above, I am planning to request a Trial by Declaration, but I wanted to get the advice from this forum. A few questions I have:

- Is it legal for the officer to write down that I admitted 55mph but he wrote down 60+mph on the ticket instead? If it is not legal, can this be used to dismiss my ticket?
- What are some of the potential defense arguments that I can use to fight this ticket? I went online and did a lot of research and found a lot of defense for speed trap, radar, and pacing under other CVC, but I have not found any argument against CVC 23336. Any advice?
- Finally, at the end of the day, if I am found guilty by the judge, I would like to ask for a chance at traffic school since I was only 1 day away from being eligible. Should I 1) add in a sentence in the end requesting for traffic school if I am found guilty or 2) wait until I hear the result, and if I am found guilty, request for a new trial and ask the judge in person for a chance at traffic school?

Thanks in advance for any advice and support you might be able to provide. I really appreciate it!

Best Regards,
Mark

so he didnt radar you?
There arent other numbers written in the body like R@72 or whatever? No radars on that bridge allowed or what? Ive been on it but its been awhile

CHP officers have a funny trick. They write 60+ on a ticket.. but somewhere on that ticket, perhaps in a corner, perhaps right by where he wrote your violation, or circled somewhere is a number written obscurely.. like 72, 68, 85 whatever.

That would the number he radar'd/nailed you at. None of that on there? You sure? CHP officers are fairly precision machines at this game.

If ineligible for Traffic School, there may be another option - You might ask about 12 hour enhanced - an optional program some courts have. It keeps the point off but insurance companies can still see the violation (DMV only masks 1 every 18 mo).

I'm not familiar with that code but if the issue before the court "did you violate 23334 or 23335" ie a rule and that rule is "thou shalt not go faster than 50" and you admitted to doing 55, plus that officer paced you, clocked you, esitmated you, or whatever.. to doing what he says you were doing, that is probably going to be the end of it. Officers can "give you a break" by writing a bogus number. Its not a defense. They have that discretion.

No harm in trying, but I would avoid admitting guilt or using "unlucky duck in the flock" defense. I would ask for traffic school if found guilty in my closing statement.

DA wont have discovery. They dont get involved in infractions unless an attorney gets involved. The judge and officer will be prosecuting you.

Hello StevenJ,

He did not radar me, I am pretty sure of that as there is no place on the Bay Bridge where he can camp out and he also mentioned that he paced me on his notes.

Thanks for the honest and quick reply by the way. I do want to try by writing in a TBD and I will definitely avoid admitting guilt and avoid using the "unlucky duck in a flock" defense. From your opinion and experience, are there other potential defense arguments that you would suggest me researching? One of the reasons why I posted this is because I still cannot find the right argument after researching online after a few weeks, and I was hoping someone can point me in the right direction.

Thanks,
Mark

chakming888 said:

One of the reasons why I posted this is because I still cannot find the right argument after researching online after a few weeks, and I was hoping someone can point me in the right direction.

Click to expand...

That generally happens when there isn't an argument to be made. You were paced. I'm sorry that you were not aware of your actual speed...

No and as a matter of fact I dont even know this area enough to know why this isnt a simple 22350 cvc case. Why do they use that code for speeding? This code in my area is used for other things.

Maybe CDW could tell me.

Unfortunately, I do not believe you can defend these tickets vs the CHP when: you did it, were caught doing it, had a trained and certified and recertified officer that saw you do it, and when pulled over, you admitted you were doing it.

You can hope they dont respond, in which case your right to remain silent would suffice for a NG verdict and would require much less work ony our part... especially useful considering your propensity to admit guilt.

Maybe one of the fightyourticket type folk can help you. What I know is that tickets are just found guilty over and over and over.

With a lawyer, you can get a plea to coasting for example (not a point count). That is how these are best fought.