CA air enforcement ticket - best approach?

[rebeccah]

What is the name of your state? California

Sorry for the length...

Last Friday evening, (cinco de mayo) en route to sourthern California on I5, my fiance got cited for 22349a, over the max speed (65mph). The arresting officer had slowed three lanes of traffic down and then picked out our car to pull over, and said a plane had clocked us at 84mph. This was clearly a setup, as we saw about 4 other police vehicles with other motorists stopped as we pulled out after getting the citation. The arresting officer is from a different area according to the ticket.

We are going to fight this ticket, because a) we don't believe he was going that fast b) he's on court probation for a wet reckless conviction almost a year ago and c) he already has 3 points on his license within the last 12 months because of the wet reckless conviction and the fender-bender that prompted that charge, and is on DMV probation because that accident happened less than a year after a 1-point moving violation (improper right turn on red). Believe it or not, he's actually NOT a bad driver. The point is, a conviction on this ticket could cost him his license.

I was planning on helping him to draft a declaration for a trial by mail, since 1) we live 5 hours away and 2) if we don't like the outcome we can always request a trial de novo.

Questions:

1) Is it better to actually present an argument on the facts of the case in the declaration by mail, or is it better to say as little as possible so that there is little that can be used against him if it ends up in a trial? For example, if the arresting officer writes a declaration but doesn't show up to the trial, then there's no evidence at trial that my fiance was the one driving unless he alludes to that fact in his declaration. As it happens, there *could* be a question of who was driving, as we had just switched drivers a few minutes before we were stopped.

2) Is it better to skip the trial by mail? I can't imagine that it would be, but who knows?

3) Is there any reason to request a change of venue? The ticket says to appear at the local courthouse, not the county seat (I didn't find out about requesting the county seat until I started researching this today). Can one even request a change of venue if one has requested a trial by declaration? Can one make the request by mail?

4) Is there any reason to request a verified complaint? Again, does it make any difference whether or not one requests a trial by declaration? Can this be done by mail?

5) My fiance doesn't have much money, and doesn't want to go further into debt to hire an attorney. If he ends up in court defending himself, can I accompany him? Obviously I wouldn't be *representing* him, since I'm not an attorney -- but I'm more detail-oriented and more attuned to protocols, and could help him to prepare and to avoid making major mistakes in the courtroom.

Thanks for any help,

Rebeccah

 

[CdwJava]

This was clearly a setup, as we saw about 4 other police vehicles with other motorists stopped as we pulled out after getting the citation.

A "set up" implies you were not guilty of the violation. What you are describing is one of the CHPs travelling road shows for speed enforcement on I-5. They do this up and down the state. It is hardly a "set up" ... they did not make him speed.

The arresting officer is from a different area according to the ticket.

Most of the team is from out of the area. There are a few of these teams on I-5 that travel up and down the state doing aggressive, concentrated speed enforcement in this manner.

Believe it or not, he's actually NOT a bad driver. The point is, a conviction on this ticket could cost him his license.

His record seems to indicate otherwise.

Perhaps slowing down is a good idea.

As for fighting the ticket, that's his right. And I am sure the officers will appreciate the overtime.

Questions:

1) Is it better to actually present an argument on the facts of the case in the declaration by mail, or is it better to say as little as possible so that there is little that can be used against him if it ends up in a trial? For example, if the arresting officer writes a declaration but doesn't show up to the trial, then there's no evidence at trial that my fiance was the one driving unless he alludes to that fact in his declaration. As it happens, there *could* be a question of who was driving, as we had just switched drivers a few minutes before we were stopped.

If he signed the citation and presented his license, it seems a moot point to imply he wasn't.

But, if he wants to write a declaration that is so vague as to be useless, that is his right.

2) Is it better to skip the trial by mail? I can't imagine that it would be, but who knows?

Most people like it. It has its benefits ... it also has its minusses. But, most chronic violators like it because it is essentially a free toss for the brass ring.

3) Is there any reason to request a change of venue? The ticket says to appear at the local courthouse, not the county seat (I didn't find out about requesting the county seat until I started researching this today).

A request for the county seat has to be done at the time of the citation.

Can one even request a change of venue if one has requested a trial by declaration? Can one make the request by mail?

You will have to contact your local court. The only change of venue you could get would be to another court within the same county. But if you are 5 hours away, what is the difference?

4) Is there any reason to request a verified complaint? Again, does it make any difference whether or not one requests a trial by declaration? Can this be done by mail?

What do you mean by "a verified complaint"? If the DA even sees this, they will just ship it off to the court as is. The citation will act as the charging instrument in most instances.

5) My fiance doesn't have much money, and doesn't want to go further into debt to hire an attorney. If he ends up in court defending himself, can I accompany him?

You cannot act on his behalf. But, if you were in the car, you can testify as to what you saw. Keep in mind that the court will pretty much assume that friends and loved ones of the driver will back his story whatever it is.

Obviously I wouldn't be *representing* him, since I'm not an attorney -- but I'm more detail-oriented and more attuned to protocols, and could help him to prepare and to avoid making major mistakes in the courtroom.

That's fine as long as you keep your mouth shut when you get TO the courtroom.

- Carl

 

[rebeccah]

Thanks for your reply, Carl.

A couple of follow-up questions (and some explanations):

A "set up" implies you were not guilty of the violation. What you are describing is one of the CHPs travelling road shows for speed enforcement on I-5. They do this up and down the state. It is hardly a "set up" ... they did not make him speed.

OK, bad choice of terms. I meant to call it a "sting".

Perhaps slowing down is a good idea.

Yes.

If he signed the citation and presented his license, it seems a moot point to imply he wasn't.

But, if he wants to write a declaration that is so vague as to be useless, that is his right.

After posting, I pretty much came to the same conclusion. I got off on that track because of a post here in 2004 on a similar topic, where the arresting officer didn't come to trial and the defendant was asked whether he would *stipulate* that he had been driving. He declined to do so, and the case was dismissed for lack of evidence.

Most people like it. It has its benefits ... it also has its minusses. But, most chronic violators like it because it is essentially a free toss for the brass ring.

I was wondering what the minuses are.

A request for the county seat has to be done at the time of the citation.

You will have to contact your local court. The only change of venue you could get would be to another court within the same county. But if you are 5 hours away, what is the difference?

None. Several of the "defend yourself" web sites mention change of venue as a strategy, without going into any detail about its intended purpose, other purposes for which it might be useful, or its limitations.

What do you mean by "a verified complaint"? If the DA even sees this, they will just ship it off to the court as is. The citation will act as the charging instrument in most instances.

Again, this is something I had read about in this forum from a couple of years ago (why a couple of years ago? Because when I first found this site, the posts were sorted from earliest to latest). I think it was some guy's way of thinking he was punishing his accusors by making them do more paperwork.

You cannot act on his behalf. But, if you were in the car, you can testify as to what you saw. Keep in mind that the court will pretty much assume that friends and loved ones of the driver will back his story whatever it is.

That's fine as long as you keep your mouth shut when you get TO the courtroom.
- Carl

The question is, would I have to sit in the spectators' area, or could I sit with him and pass him notes or whisper in his ear?


Thanks again,

Rebeccah

 

[CdwJava]

I was wondering what the minuses are.

Being locked in to a version o fevents might be one. I have heard that some courts also allow a new trial based solely on the evidence raised in the TBD ... but, I don't know that to be true, I have just heard about it in forums such as this one - it may be a pecularity to one court.

None. Several of the "defend yourself" web sites mention change of venue as a strategy, without going into any detail about its intended purpose, other purposes for which it might be useful, or its limitations.

First, it doesn't have to be granted. Second, the officer is going to have to come to the county from out of the area anyway, driving an extra half hour means more money for him at time and a half.

Since the reason for a change of venue is sometimes to try and see if the officer won't make it because it is further from home it seems silly to try it for an officer that will already have to come from a distance away. Plus, even for local cops, in this day and agae most officers don't live near their jurisdictions anyway ... too expensive to live in the urban centers.

Again, this is something I had read about in this forum from a couple of years ago (why a couple of years ago? Because when I first found this site, the posts were sorted from earliest to latest). I think it was some guy's way of thinking he was punishing his accusors by making them do more paperwork.

Don't know what that's about. You get a ticket, you show up for court or face arrest. I have no idea what this "verified complaint" thing is.

The question is, would I have to sit in the spectators' area, or could I sit with him and pass him notes or whisper in his ear?

That depends on the court. Some judges get miffed if he has to halt proceedings or slow down because someone is trying to coach the defendant.

Traffic court is very often about speed. Usually they don't allow anyone up with the defendant except for an attorney. You can likely come up to testify if you are a witness but I doubt a judge is going to have much patience with having to stop while you whisper to him or pass him a note. It's going to be him and the CHP officer. If he can't figure out what to ask or what to seek in Discovery beforehand, your sitting there is not going to suddenly make him smarter.

- Carl

 

[rebeccah]

Thanks, Carl. I guess we'll cross the court bridge when, and if, we get to it.