CVC 22349 (a)

[tiggergirl9]

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

I received a speeding ticket for the code cited in the title. There is no information on the ticket to show how the officer decided my speed. All boxes showing radar, visual, etc are left blank.

I have decided to do a trial by written declaration followed by a trial de novo if ruled against.

Any suggestions or advice on how to proceed?

 

[I_Got_Banned]

At any rate, you should submit an "Informal Discovery Request" to the DA (or the city attorney (contact the court clerk to inquire as to whom you should serve such a request on)), as well as to the Law Enforcement Agency that issued the citation. In that request, you should mainly ask for a copy of the officer's notes (usually on the back of his/her copy of the citation). That should give you an idea on how he measured your speed.

Alternatively, you can wait until the citation is filed in court, and you might be able to get a copy of his/her notes from the court.

How fast were you cited for and how fast were you (or do you think you) were going?

 

[tiggergirl9]

The citation reads 85 mph. Prior to the officers approach, my speed was 65 since i was merging to change freeways. Without revealing the whole incident, the officer aggressively tailgated me at 65 to the point I tried to get to another lane to get away from what I thought was some psycho literally inches from my bumper, unable to change lanes due to traffic and terrified I was about to be hit, I sped up to 75. The officer continued to aggressively tailgate so close I feared an accident all the way to the actual stop.

 

[I_Got_Banned]

You can play that scenario to the judge... The officer will also submit his declaration (and I'm just guessing that his story will vary drastically from yours). If you're doing a TBD, then you won't get the opportunity ti cross examine him.

With that being said, just be aware of the fact that an officer need not tailgate you for any longer than 2 to 3 seconds to come up with an accurate pace of your speed.

You should also know that the "officer tailgated me and I was fearful" and/or "the officer trapped me into driving faster so that he can cite me for my speed" stories, as well as other, have all been tested and tried more times than you and I can count. And they simply don't work!

The only probability of winning a speeding case, is by attacking the accuracy of the officer's evidence (i.e. His measurement of your speed). But, since this was on the freeway (probably a CHP issued citation), and assuming he paced you (and the CHP calibrates their speedometers every 3 to 6 months as a matter of policy), you really have very little if anything to go on.

If he used Radar/Laser or Lidar, then the accuracy of those devices dramatically increases, and the likelihood of you being able to successfully challenge it drastically decreases.

Your only guaranteed chance at getting this citation dismissed is by taking traffic school, if you are eligible.

 

[tiggergirl9]

My question is that regardless of how he estimated my speed it is not noted on the ticket so who would believe his guess of how he estimated it months later? Does the ticket not stand alone as the officers statement of the facts of the incident?

Sorry if these are dumb questions I have never been threatened with an accident as part of a way to get a ticket towards a quota...I know I know overly dramatic but prior to seeing the lights and siren I was terrified some drunk or psycho was trying to rear end me.

 

[I_Got_Banned]

My question is that regardless of how he estimated my speed it is not noted on the ticket

The method with which he estimated your speed is not an element of the offense nor is it required by law. Here is the specific vehicle code that lists the requirements of what MUST be on the citation/notice to appear:

CVC 40600.(b) A notice to appear shall contain the name and address of the person, the license number of the person's vehicle, if any, the name and address, when available, of the registered owner or lessee of the vehicle, the offense charged, and the time and place when and where the person may appear in court or before a person authorized to receive a deposit of bail. The time specified shall be at least 10 days after the notice to appear is delivered.​

Even with that, there are times where some of those requirements are considered irrelevant depending on the violation one is cited with.

Now that we've established that, you still do have the right to know how he measured your speed. And I have already explained to you how to obtain that information in my first post. It is called “discovery”.

so who would believe his guess of how he estimated it months later?

The judge!!!!

Does the ticket not stand alone as the officers statement of the facts of the incident?

If that were true, then his testimony in court would not be required. If that were true, then he can simply file the citation with the court and be done... But that is not how it works... he is required to either appear (if you choose an in court trial) or submit a declaration as his statement of fact. In that testimony/or declaration, he must describe the events he witnessed which led him to issue your citation. He must also articulate that the elements of the offense you were charged with, did in fact occur in his presence. Typically, he will also speak of his training as well as experience and more likely present some sort of certification of the accuracy of the speed measuring device he used to measure your speed (in this case, a calibration certificate for his vehicle's speedometer). Without any of the above, you can argue that the evidence is insufficient or inconclusive and then make a motion to dismiss.

But see, that is why, in my opinion, your decision to file a TBD puts you at a disadvantage. His statement as well as yours are submitted to the court, and assuming they are both received in a timely manner then a judge/commissioner will review both and make a decision. No cross examination, no last minute changes to your defense plan based on how he testifies or what he says... etc.

Sorry if these are dumb questions I have never been threatened with an accident as part of a way to get a ticket towards a quota...

Well, you will be happy to know that “quotas” are illegal in California as well as in most (if not all states). And I would suggest that you not mention that in any court arguments that you present before the court. It will not work in your favor, in fact, it might even work against you.

Here you go, a few more California Vehicle Code Sections:

41600. For purposes of this chapter, "arrest quota" means any requirement regarding the number of arrests made, or the number of citations issued, by a peace officer, or parking enforcement employee, or the proportion of those arrests made and citations issued by a peace officer or parking enforcement employee, relative to the arrests made and citations issued by another peace officer or parking enforcement employee, or group of officers or employees.

41602. No state or local agency employing peace officers or parking enforcement employees engaged in the enforcement of this code or any local ordinance adopted pursuant to this code, may establish any policy requiring any peace officer or parking enforcement employees to meet an arrest quota.

41603. No state or local agency employing peace officers or parking enforcement employees engaged in the enforcement of this code shall use the number of arrests or citations issued by a peace officer or parking enforcement employees as the sole criterion for promotion, demotion, dismissal, or the earning of any benefit provided by the agency. Those arrests or citations, and their ultimate dispositions, may only be considered in evaluating the overall performance of a peace officer or parking enforcement employees. An evaluation may include, but shall not be limited to, criteria such as attendance, punctuality, work safety, complaints by citizens, commendations, demeanor, formal training, and professional judgment.​