SadbutTrue
Member
What is the name of your state (only U.S. law)? Ca
For those who haven't seen my earlier threads, I'm going to be fighting a speeding ticket (66 on a 50 on a 2 lane/1each way county highway, cited for VC 22350). Court date is in a month.
I've read several websites, mostly helpigotaticket.com. Some of them have sample question series that they say are basically bulletproof, and that once you a) establish conditions were good and b) the officer says your speed wasn't inherently unsafe, you've won.
I have a few questions on how to proceed with establishing a) there was nothing dangerous about the lane width (there wasn't... the lane seemed pretty standard width-wise with a big shoulder) and b) far more importantly, my speed.
1) Regarding the highway lane size... is there a required minimum for highways/state roads in california? What is that minimum? Where is it written down?
2) Regarding speed, how would you phrase the question? "Officer, was there anything inherently dangerous about the speed I was travelling at?" or "Officer, was my speed directly endangering anyone?" Other?
3) In the off-chacne he says 'yes,' how do I shoot that down? According to helpigotaticket.com, the dude says he's never had an officer say yes to this question (and he has examples for tickets with much greater speeds and/or greater amounts over the limit). But I figure if he says it I want to be ready. How would you respond to this? Ask him for proof that the speed was endangering anyone (photo/video, I guess)? If he says my speed was 'inherently' dangerous, point out to him that cars go 66 mph all the time on freeways etc? Do I need to hope the engineering survey shows a lot of cars going roughly that speed?
4) For both, is there a process I have to use to introduce evidence? Particularly for the conditinos, there are some easily accessed resources that can 'show' conditions were good (weather records, photos of the road surface, measurements of the size of the lane, etc). Can I just have them with me and, if the officer disputes the weather was nice or something, hand the judge a copy of the local weather record for that day, showing it was in fact pretty nice out (just an example)? Does the evidence have to be certified or anything somehow, or be more official than just a printout from your computer?
Thanks, more questions to come
For those who haven't seen my earlier threads, I'm going to be fighting a speeding ticket (66 on a 50 on a 2 lane/1each way county highway, cited for VC 22350). Court date is in a month.
I've read several websites, mostly helpigotaticket.com. Some of them have sample question series that they say are basically bulletproof, and that once you a) establish conditions were good and b) the officer says your speed wasn't inherently unsafe, you've won.
I have a few questions on how to proceed with establishing a) there was nothing dangerous about the lane width (there wasn't... the lane seemed pretty standard width-wise with a big shoulder) and b) far more importantly, my speed.
1) Regarding the highway lane size... is there a required minimum for highways/state roads in california? What is that minimum? Where is it written down?
2) Regarding speed, how would you phrase the question? "Officer, was there anything inherently dangerous about the speed I was travelling at?" or "Officer, was my speed directly endangering anyone?" Other?
3) In the off-chacne he says 'yes,' how do I shoot that down? According to helpigotaticket.com, the dude says he's never had an officer say yes to this question (and he has examples for tickets with much greater speeds and/or greater amounts over the limit). But I figure if he says it I want to be ready. How would you respond to this? Ask him for proof that the speed was endangering anyone (photo/video, I guess)? If he says my speed was 'inherently' dangerous, point out to him that cars go 66 mph all the time on freeways etc? Do I need to hope the engineering survey shows a lot of cars going roughly that speed?
4) For both, is there a process I have to use to introduce evidence? Particularly for the conditinos, there are some easily accessed resources that can 'show' conditions were good (weather records, photos of the road surface, measurements of the size of the lane, etc). Can I just have them with me and, if the officer disputes the weather was nice or something, hand the judge a copy of the local weather record for that day, showing it was in fact pretty nice out (just an example)? Does the evidence have to be certified or anything somehow, or be more official than just a printout from your computer?
Thanks, more questions to come