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!
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!
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