Aircraft Speeding Ticket, Research Done. Advice?

[Speeder1]

Howdy all! So, I got a speeding ticket today (not a fun experience) for driving 89 in a 65 (although he stated my speed was fluctuating between 86 and 89). Officer explained to me that there was an airplane clocking me at that speed.
Just so you know all the info:
Violation: 22349(A) VC
Location: W/B I80 E/of Clipper Gap

This is in California, Placer County.

I am definitely going to fight it. I have done a lot of research the past couple of hours, but I dont know what is good advice and what isnt. I was hoping someone might be able to tell me their experiences as far as what works/what doesn't. Here's what I am thinking:


1. Do a trial by written declaration. This should give me two chances to fight the ticket, correct? If the officer doesn't write a response, I win by default, yes? I can always set a later court date and have a physical court appearance. Is this a good idea, or a waste of my time?

2. If I do go in for a physical court date, I have a couple of ideas as far as helping to get it dismissed.

a. There were a total of at least 3 officers involved with my ticket. Two at the cop car pulling me over and at least one more in the plane. If they are not all there, and I have a right to face my accuser, the case should be dropped.

b. Right to a Fair and Speedy Trial- I don't mind when my trial is set, but right now the court date is December 9! That is clearly after California's set definition of a speedy trial (45 days). Is it best to wait for the date and bring it up then, or do I need to take action to try and get it scheduled within the 45 days?

c. Speed Trap- From what I have read, it seems like the airplane could be considered a speed trap, "A particular section of a highway measured as to distance and with boundaries marked, designated, or otherwise determined in order that the speed of a vehicle may be calculated by securing the time it
takes the vehicle to travel the known distance." If I get the cop to explain that is how they determine the speed, then cite this part of the code, it should help me, right?

d. "Every officer arresting, or participating or assisting in the
arrest of, a person so charged while on duty for the exclusive or
main purpose of enforcing the provisions of Divisions 10 and 11 is
incompetent as a witness if at the time of such arrest he was not
wearing a distinctive uniform, or was using a motor vehicle not
painted the distinctive color specified by the commissioner. " One of the officers giving me the ticket was uniformed. The other had a badge on, but was not in uniform (a plaid shirt). Could this be used to my advantage? The ticket lists two names ( I would assume the two in the car).

e. Officer's Testimony/6th Amendment: I have a right to "be confronted with the witnesses against [me]". If I can prove that he cannot recall without the aid of his notes, then he is incompetent (harsh word, but its what they use I guess!) and cannot be used as a witness. Is this bull, or would it actually stand up? In addition, the citation says, "W/B I80 E/of Clipper Gap", not west bound interstate 80 east of clipper gap. Is that significant in any way?

f. Getting information: How do I actually go about getting information from the court pertaining to maintenance reports of their gear? Do I need a specific form to request it?

g. Speed Check Stations- Need to be done every 5 years, correct? I was actually talking to a lawyer about this one; he said that often times they dont do this. Is this grounds to get the ticket thrown out?


I think that is all my questions for now. I would appreciate feedback even on part of it. Sorry for such a long post!


Thanks!

 

[JETX]

1. Do a trial by written declaration. This should give me two chances to fight the ticket, correct? If the officer doesn't write a response, I win by default, yes? I can always set a later court date and have a physical court appearance. Is this a good idea, or a waste of my time?

No. No. Waste of time.

2. If I do go in for a physical court date, I have a couple of ideas as far as helping to get it dismissed.

a. There were a total of at least 3 officers involved with my ticket. Two at the cop car pulling me over and at least one more in the plane. If they are not all there, and I have a right to face my accuser, the case should be dropped.

Wrong. Only two need to be there... the one in the plane and the one who issued the citation.

b. Right to a Fair and Speedy Trial- I don't mind when my trial is set, but right now the court date is December 9! That is clearly after California's set definition of a speedy trial (45 days). Is it best to wait for the date and bring it up then, or do I need to take action to try and get it scheduled within the 45 days?

The relevant statute is PC 1382(a)(3) and can be found at:
CA Codes (pen:1381-1388)

However, there is a problem with your 'scheme'. The speedy trial 'clock' starts on your arraignment (plea of not guilty), not on the date of the citation. If you are going to proceed with this 'scheme'... you need an attorney.

c. Speed Trap- From what I have read, it seems like the airplane could be considered a speed trap, "A particular section of a highway measured as to distance and with boundaries marked, designated, or otherwise determined in order that the speed of a vehicle may be calculated by securing the time it
takes the vehicle to travel the known distance." If I get the cop to explain that is how they determine the speed, then cite this part of the code, it should help me, right?

Wrong.

d. "Every officer arresting, or participating or assisting in the
arrest of, a person so charged while on duty for the exclusive or
main purpose of enforcing the provisions of Divisions 10 and 11 is
incompetent as a witness if at the time of such arrest he was not
wearing a distinctive uniform, or was using a motor vehicle not
painted the distinctive color specified by the commissioner. " One of the officers giving me the ticket was uniformed. The other had a badge on, but was not in uniform (a plaid shirt). Could this be used to my advantage? The ticket lists two names ( I would assume the two in the car).

No.

e. Officer's Testimony/6th Amendment: I have a right to "be confronted with the witnesses against [me]". If I can prove that he cannot recall without the aid of his notes, then he is incompetent (harsh word, but its what they use I guess!) and cannot be used as a witness. Is this bull, or would it actually stand up? In addition, the citation says, "W/B I80 E/of Clipper Gap", not west bound interstate 80 east of clipper gap. Is that significant in any way?

Bull. The officer has every right, even expectation, to review his notes. Just as you do.

f. Getting information: How do I actually go about getting information from the court pertaining to maintenance reports of their gear? Do I need a specific form to request it?

Keyword: Subpoena.

g. Speed Check Stations- Need to be done every 5 years, correct? I was actually talking to a lawyer about this one; he said that often times they dont do this. Is this grounds to get the ticket thrown out?

It could be. See keyword above.

I think that is all my questions for now. I would appreciate feedback even on part of it. Sorry for such a long post!

Pretty much what you are asking is for legal SERVICES.... which is beyond the scope and intent of this forum. For further legal SERVICES, you need to get a local attorney.

 

[I_Got_Banned]

1. Do a trial by written declaration. This should give me two chances to fight the ticket, correct? If the officer doesn't write a response, I win by default, yes? I can always set a later court date and have a physical court appearance. Is this a good idea, or a waste of my time?

If you're only counting on the officer(s) not filing their declaration in a TBD, or not appearing in court for a Trial De Novo, then your chances of accomplishing the goal you're seeking are VERY slim at best. Especially when they run a speed enforcement operation where an aircraft is involved.

a. There were a total of at least 3 officers involved with my ticket. Two at the cop car pulling me over and at least one more in the plane. If they are not all there, and I have a right to face my accuser, the case should be dropped.

If there are only 2 names on the citation, then only 2 officers are required to appear. Again, for a speed enforcement operation where an aircraft is involved, that will be the likely outcome.

b. Right to a Fair and Speedy Trial- I don't mind when my trial is set, but right now the court date is December 9! That is clearly after California's set definition of a speedy trial (45 days). Is it best to wait for the date and bring it up then, or do I need to take action to try and get it scheduled within the 45 days?

See JETX's post... The 45 day statutory period starts on the date you are arraigned, NOT the date you were cited!

c. Speed Trap- From what I have read, it seems like the airplane could be considered a speed trap, "A particular section of a highway measured as to distance and with boundaries marked, designated, or otherwise determined in order that the speed of a vehicle may be calculated by securing the time it takes the vehicle to travel the known distance." If I get the cop to explain that is how they determine the speed, then cite this part of the code, it should help me, right?

Honestly... Think about this; don't you think that the officers are aware of that particular code section? The are many other ways that your speed could be measured from an aircraft without having to utilize the forbidden method described in that code section. And since it is highly likely that the method used in this case is in fact an approved method and one which is legally accepted as a legally valid way of measuring your speed, then what argument do you have to refute that measurement?

d. "Every officer arresting, or participating or assisting in the
arrest of, a person so charged while on duty for the exclusive or
main purpose of enforcing the provisions of Divisions 10 and 11 is
incompetent as a witness if at the time of such arrest he was not
wearing a distinctive uniform, or was using a motor vehicle not
painted the distinctive color specified by the commissioner. " One of the officers giving me the ticket was uniformed. The other had a badge on, but was not in uniform (a plaid shirt). Could this be used to my advantage? The ticket lists two names ( I would assume the two in the car).

Your assumption that the 2 names listed on the citation are the ones who were in the car is wrong. The two names on your citation are (most lilely) the witnessing officer (the one in the aircraft ) and the arresting/citing officer (the one who spoke to you/issued the citation and handed it to you).

e. Officer's Testimony/6th Amendment: I have a right to "be confronted with the witnesses against [me]". If I can prove that he cannot recall without the aid of his notes, then he is incompetent (harsh word, but its what they use I guess!) and cannot be used as a witness. Is this bull, or would it actually stand up?

I'll repeat JETX's answer... “BULL”. You need to spend more time (than 2 hours) researching “discovery”, “exclusion of evidence”... Use of personal notes... etc

"W/B I80 E/of Clipper Gap", not west bound interstate 80 east of clipper gap. Is that significant in any way?

Are you being serious?

f. Getting information: How do I actually go about getting information from the court pertaining to maintenance reports of their gear? Do I need a specific form to request it?

“Informal Discovery Request”... or search this forum for information. There are many posts about the topic.

g. Speed Check Stations- Need to be done every 5 years, correct? I was actually talking to a lawyer about this one; he said that often times they dont do this. Is this grounds to get the ticket thrown out?

What is a “Speed Check Station”??? I have never heard that term so its either that you're misquoting the lawyer you've spoken or that he knows nothing of which he speaks.

If you're talking about “Speed Surveys” then yes, the must be done every 5 years but since “Interstate 80" is a State highway, the 65mph speed limit is set by the statute and there is no need for a speed survey in this case.

With all that being said, it sounds to me like you're not even close to having a reasonabley valid defense at all... If you are concerned about the points and the after effects on your insurance premium, and if traffic school is an option, then that, (IMHO) seems to be your best option. Ultimately, the choice is yours though...

Good luck!

 

[AgentSmithers]

1. Do a trial by written declaration. This should give me two chances to fight the ticket, correct? If the officer doesn't write a response, I win by default, yes? I can always set a later court date and have a physical court appearance. Is this a good idea, or a waste of my time?

Do it, Ive won half my cases with these... Ask yourself this... Can it hurt trying?

2. If I do go in for a physical court date, I have a couple of ideas as far as helping to get it dismissed.

a. There were a total of at least 3 officers involved with my ticket. Two at the cop car pulling me over and at least one more in the plane. If they are not all there, and I have a right to face my accuser, the case should be dropped.

Yeah only the two.

b. Right to a Fair and Speedy Trial- I don't mind when my trial is set, but right now the court date is December 9! That is clearly after California's set definition of a speedy trial (45 days). Is it best to wait for the date and bring it up then, or do I need to take action to try and get it scheduled within the 45 days?

Personally I say the longer the better!

e. Officer's Testimony/6th Amendment: I have a right to "be confronted with the witnesses against [me]". If I can prove that he cannot recall without the aid of his notes, then he is incompetent (harsh word, but its what they use I guess!) and cannot be used as a witness. Is this bull, or would it actually stand up? In addition, the citation says, "W/B I80 E/of Clipper Gap", not west bound interstate 80 east of clipper gap. Is that significant in any way?

This is true! But! Kinda slim to tell you the truth.. Reason being is that officers review their notes alot before they take the stand and trial begins but you can cross examine him and ask him if he reviewed his notes, Make sure you object on him reading with Independant recalection
he has to state 3 things for foundation on his notes

They were taken breafly while or breafly after the stop
He needs to refresh his memory
He cant remember all the details

g. Speed Check Stations- Need to be done every 5 years, correct? I was actually talking to a lawyer about this one; he said that often times they dont do this. Is this grounds to get the ticket thrown out?

Yes. If they do not provide a servey they can not testify visual or radar evidence into the trial which basicly makes you not guilty.

Stall out it helps Ive had 6 tickets this year, Nothing to brag about and Ive beaten all of them execpt for my 1st one, Im still appealing.

 

[Zigner]

Yes. If they do not provide a servey they can not testify visual or radar evidence into the trial which basicly makes you not guilty.

THAT point has already been correctly answered. A survey is NOT required.

 

[vstrinski]

Most of the questions have already been answered, so my two cents:

1. Do a trial by written declaration?
Do it. In one of my tickets an attorney told me the chance is 20%. The reason is that cops are not being paid overtime for writing those. They are paid overtime however for going to court. Yet not all of them do it, so...

2. Speedy trial:
As previously noted the time starts from the date of arraignment.
HOWEVER if you request a court date by mail, plead by mail, etc - you presumably waive this right (it is in the rules of court). Additionally - I'd say it would be rather hard to win this way. Also, if you plan on going all the way at some point you will waive this right as time works in your favor too.
If you plan on taking advantage of this you'll have to personally be in court every time and not request any extensions. Beware - READ WHAT YOU SIGN - on the back of some court forms it says that "by signing this you waive your right to discovery, right to speedy trial etc."

3. Obtaining radar info, calibration, etc:
as noted before - keywords are "informal discovery request" and "subpoena". And the consequence is "motion to suppress evidence".

4. The two names on the ticket:
Those are the officer who wrote the ticket (the first name) and the one up in the air (the second name)

Also - take a look if he checked the box "crime not committed in my presence, based on information and belief" - this may not be the exact wording but something to this effect.

Other thoughts:
- Challenge jurisdiction - look up "special appearance". Your only chance to do this is before any other pleading. Requesting TBWD is de facto pleading "not guilty".

- Challenge the citation as not being verified. A prosecutor has to decide to prosecute. However on most infraction a prosecutor never enters the case and the court prosecutes on behalf of the prosecution. I've never done this so I don't know what are your chances. But it might be worth a try.
A help in this direction would be the form of the complaint - it has to be on a form approved by the court. Look up court's info about form TR-130. You'll find that most police agencies tweak slightly their forms, thus making them different from the approved one (therefore "not approved" unless they obtained individual approval for theirs).

- CVC22350 sort of permits you to drive at any speed (below 100mi) as long as it is safe and not endangering the life or property of others. This is a rather slim chance though - you'll have to very very carefully question the officer for this. I almost won one of my tickets this way, but at the end I screwed up and he saw the trap...

Good luck!

 

[I_Got_Banned]

1. Do a trial by written declaration?
Do it. In one of my tickets an attorney told me the chance is 20%. The reason is that cops are not being paid overtime for writing those.

And since when is “overtime pay” a prerequisite for an officer to do his/her job?

They are paid overtime however for going to court.

They get paid overtime IF they have a court appearance on a day when they are off... However, some (if not most) courts will schedule court trials based on the officer's work/vacation schedule. Example: officer White is usually here on Tuesdays; lets schedule this trial on a Tuesday...

Other thoughts:
- Challenge jurisdiction - look up "special appearance". Your only chance to do this is before any other pleading.

Care to elaborate about “challenging jurisdiction”?

Beware - READ WHAT YOU SIGN - on the back of some court forms it says that "by signing this you waive your right to discovery, right to speedy trial etc."

There is nothing on the back of ANY court forms about waiving one's right to discovery... As for waiving one's time to a speedy trial, the speedy trial right does not apply to a TBD. It does however, apply after a TBD in the case of a Trial De Novo. Also, the only way that a defendant can “automatically" waive their right to a speedy trial is by mailing in a “not guilty plea”, otherwise, waiving time has to be done on the record and the judge will verbally confirm that at the time of a court appearance.

- Challenge the citation as not being verified. A prosecutor has to decide to prosecute.

Not for an infraction...

Look up court's info about form TR-130. You'll find that most police agencies tweak slightly their forms, thus making them different from the approved one (therefore "not approved" unless they obtained individual approval for theirs).

What are you talking about “tweaking their forms”???

And last but certainly not least...

- CVC22350 sort of permits you to drive at any speed (below 100mi) as long as it is safe and not endangering the life or property of others. This is a rather slim chance though - you'll have to very very carefully question the officer for this. I almost won one of my tickets this way, but at the end I screwed up and he saw the trap...

The OP was sort of cited for 22349(a) NOT 22350!!!