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Contesting Speeding Ticket in Cali.

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jcsbarber

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

Hello,

I've 2 issues I'm hoping you might assist me with: I was recently cited for speeding on my motorcycle at a speed trap in Oakland, CA, Alameda County. (Doing 50 in a 35 mph zone.) I was hit by a radar gun held by a Sergeant, on a stationary motorcycle, who then called ahead to an awaiting patrolman to issue my citation. In this situation, I'm aware that both officers must be present in court (or respond to a Written Declaration) or I get off. I intend to plead Not Guilty and contest, and it just so happens that the Sergeant involved was, unfortunately, among the 4 officers killed in that recent lunatic rampage in Oakland. Not to make light of this tragedy, but since he can't appear am I pretty much guaranteed to get off should I go to court?

I'm also wondering if you have access to any stats revealing how often those who plead Not Guilty and contest traffic violations succeed in their defense.

I truly appreciate your time and consideration! I've just found your site and will keep coming back.

Thanks!
jcS
 


I_Got_Banned

Senior Member
I've 2 issues I'm hoping you might assist me with: I was recently cited for speeding on my motorcycle at a speed trap in Oakland, CA, Alameda County. (Doing 50 in a 35 mph zone.) I was hit by a radar gun held by a Sergeant, on a stationary motorcycle, who then called ahead to an awaiting patrolman to issue my citation. In this situation, I'm aware that both officers must be present in court (or respond to a Written Declaration) or I get off. I intend to plead Not Guilty and contest, and it just so happens that the Sergeant involved was, unfortunately, among the 4 officers killed in that recent lunatic rampage in Oakland. Not to make light of this tragedy, but since he can't appear am I pretty much guaranteed to get off should I go to court?
Theoretically yes. Since no one can testify as to his role in determining your speed.

By the way, the situation that you described in NOT, by any stretch of any legal reasoning, considered a "Speed Trap". For what is considered a speed trap in California, read California Vehicle Code Sections 40800 to 40808, specifically CVC section 40802(a)(1) and (2).

I'm also wondering if you have access to any stats revealing how often those who plead Not Guilty and contest traffic violations succeed in their defense.
I don't think anybody issues such statisctics. And why would it make any difference? If you have a legitimate defense then one could assume that you will be fairly found not guilty... Otherwise, you'd have to pay your fine just like every other guilty driver. Right?

I've just found your site and will keep coming back.
Hopefully you'll be coming back, but not to ask about traffic citations that you will be getting in the future!
 

Maestro64

Member
I don't think anybody issues such statisctics. And why would it make any difference? If you have a legitimate defense then one could assume that you will be fairly found not guilty... Otherwise, you'd have to pay your fine just like every other guilty driver. Right?
The numbers I generally see and hear being thrown around is that ~93% of the people just pay the ticket (this include those who choose to ignore them) they say about ~7% of the people contest their tickets for one reason or another. And only about ~2% walk away not having to pay, this does not mean they were found not guilt, since a dismissed ticket for any numbers of reason is not a finding of not guilty. Its the courts way of saying no contest, this way the court or the police can save face and not admit a ticket was issued in error.

I tell you this much, those who win have a few things in common, they know the law, they present a valid case, they do not tell stories, and they attack the evidences, and lastly they keep their mouth shut and do not admit to anything since that ~5% who loose when they contest a ticket are convicted on their own words alone.

If you do a TBD the other officer not being available might not work to your advantage the person reviewing the TBD may choice to not to take that into consideration. If you do a real hearing then you could ask for a dismissal on face the officer was not available to question.
 

jcsbarber

Junior Member
Chalk one up

Theoretically yes. Since no one can testify as to his role in determining your speed.

By the way, the situation that you described in NOT, by any stretch of any legal reasoning, considered a "Speed Trap". For what is considered a speed trap in California, read California Vehicle Code Sections 40800 to 40808, specifically CVC section 40802(a)(1) and (2).
Obviously, Banned, I'm not an attorney or I wouldn't be on this site asking such questions. Obviously, Banned, I used the term "Speed Trap" generally to describe, to the best of my ability, the circumstances of my citation...a situation that is very commonly referred to (by those outside the legal system) as a "Speed Trap." And I never suggested I'd be claiming "Speed Trap" as my defense. Further, does your "legal reasoning" know what street I was on and that the speed limit on this street is justified by an engineering and traffic survey?

I don't think anybody issues such statisctics. And why would it make any difference? If you have a legitimate defense then one could assume that you will be fairly found not guilty... Otherwise, you'd have to pay your fine just like every other guilty driver. Right?
One would assume; unfortunately, innocent people (w/ legit defenses) are wrongly convicted daily, for crimes and penalties much worse than speeding, I'm afraid. Too often citizens forget that they are innocent till proven guilty even for traffic citations, and officers and courts know this well and exploit it.

Hopefully you'll be coming back, but not to ask about traffic citations that you will be getting in the future!
I have come back, thank you, to say that my case was dismissed. I wasn't guilty, had my defense prepared, but got off the easy way, requesting a dismissal due to lack of prosecution witness. I hope this encourages others to not simply assume they're guilty of, for example, speeding and roll over because someone w/ a badge suggests they are. Officers aren't infallible, nor is their equipment. And don't let malcontents like Banned discourage you from exploring your right to be proven guilty.
 

Zigner

Senior Member, Non-Attorney
I have come back, thank you, to say that my case was dismissed. I wasn't guilty, had my defense prepared, but got off the easy way, requesting a dismissal due to lack of prosecution witness. I hope this encourages others to not simply assume they're guilty of, for example, speeding and roll over because someone w/ a badge suggests they are. Officers aren't infallible, nor is their equipment. And don't let malcontents like Banned discourage you from exploring your right to be proven guilty.


You haven't presented any evidence (here) to show that you weren't guilty.
 

I_Got_Banned

Senior Member
Chaulk up nothing!!!

Obviously, Banned, I used the term "Speed Trap" generally to describe, to the best of my ability, the circumstances of my citation...a situation that is very commonly referred to (by those outside the legal system) as a "Speed Trap." And I never suggested I'd be claiming "Speed Trap" as my defense. Further, does your "legal reasoning" know what street I was on and that the speed limit on this street is justified by an engineering and traffic survey?
So you came here requesting information. Posted what clearly was an improper legal reference of what constitutes a “speed trap”. I corrected you and offered you a source to properly educate yourself about the legal definition of the term.

And by doing that, I was wrong? :rolleyes:

And I never suggested I'd be claiming "Speed Trap" as my defense. Further, does your "legal reasoning" know what street I was on and that the speed limit on this street is justified by an engineering and traffic survey?
Do you see the hypocritical contradiction in your statement?

1st you say you’re NOT claiming a ”Speed Trap” as your defense then you’re asking me about elements that would constitute the basis for a “Speed Trap” defense.

And once again, as proven by that same statement, and considering the fact that you were unaware of the legal definition of a “Speed Trap” defense further proves that you did look into it -after my post- and that you educated yourself about the basic legal knowledge of what constitutes a “Speed Trap”.

Therefore, and whether you want to admit it or not, you benefited from my post…

So if you want to be bitter and angry about me teaching you something you didn’t know, that is your issue; don’t blame me for it!

One would assume; unfortunately, innocent people (w/ legit defenses) are wrongly convicted daily, for crimes and penalties much worse than speeding, I'm afraid. Too often citizens forget that they are innocent till proven guilty even for traffic citations, and officers and courts know this well and exploit it.
Yeah… its all part of a big conspiracy… :rolleyes:

You need to re-read and try to begin to understand what I posted before you start preaching to me. I said: “If you have a legitimate defense then one could assume that you will be fairly found not guilty... Otherwise, you'd have to pay your fine just like every other guilty driver. Right?”

How is any of that wrong?

I have come back, thank you, to say that my case was dismissed. I wasn't guilty
Having a case dismissed has nothing to do with your guilt or innocence. So even though you were never found guilty does not necessarily mean that you did not commit the offense that you were charged with.

I hope this encourages others to not simply assume they're guilty of, for example, speeding and roll over because someone w/ a badge suggests they are.
I too hope that it encourages people to exercise their rights to defend themselves IF they have a defense and NOT just because they are peevish about getting caught.

Officers aren't infallible, nor is their equipment.
I never suggested they were… Judges aren’t “infallible” either nor are they above the law. They too make mistakes sometimes, that’s why we have an appeals court.

And don't let malcontents like Banned discourage you from exploring your right to be proven guilty. [/B]
You mean “exploring their right to be proven ‘NOT GUILTY‘”… You do know the difference, don’t you?

Furthermore, you do not have a right to be proven "not guilty". You have the right to a defense, a right to face your accuser, a right to examine evidence presented against you.... etc. But none of that guarantees you the right to be proven "not guilty" or "guilty" for that matter (depending on your understanding to those terms).

I am not “malcontent”. I gain nothing by you losing and I lose nothing by you walking away… It makes no difference to me whatsoever.

Lastly, you shouldn’t let your bitterness and anger that you got caught overshadow your need to say thank you for the help you received; nor should you allow yourself to come back on here acting holier than thou while trying to give the impression that you were wrongfully accused when in fact the only reason you escaped punishment was because an officer died in the line of duty and while protecting and serving thankless citizens like you!

Oh, and slow down…
 

AHA

Senior Member
Having a case dismissed has nothing to do with your guilt or innocence. So even though you were never found guilty does not necessarily mean that you did not commit the offense that you were charged with.
Question is, did this speeder actually learn anything from speeding or does he still go out there and ignore speed limits, and putting people in danger? I think I know the answer, but still.
 

I_Got_Banned

Senior Member
Question is, did this speeder actually learn anything from speeding or does he still go out there and ignore speed limits, and putting people in danger? I think I know the answer, but still.
I think I know the answer too... But it's not his fault nor is it his problem. See officers are "infallible" and so is their equipment!!! :rolleyes:
 

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