How to defend against bogus speeding ticket

[superconfused43]

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

I received a speeding ticket a while back but have been too busy and putting it off until now. I received it late at night on a deserted highway. I remember being passed up by a car that was speeding, and minutes later the cop pulls me over instead. When I asked him what he used to pull me over he didn't respond. I believe he was on the other side of the freeway and did a u turn on the dirt road to pull me over. It took him over 3-4 minutes to pull me over when the other car was long gone. Is there anything I can use to defend against this in a trial by written declaration? What is my best course from here? Also, does anyone know the statistics on winning a tbd? What should I do if I am to lose my tbd? Thanks in advance for all response.

 

[FlyingRon]

How much time has elapsed, you know you only have a limited amount of time to contest these things. You haven't indicated how the ticket is bogus. Cases are not tried on the side of the road, the cop is not obliged to answer your questions.

Pay the bail, submit the TBWD.
If the TBWD fails you can get heard de novo in live court.

 

[superconfused43]

Its been 5-6 months since the initial stop. The due date is coming up soon and I plan on sending in the bail along with my tbd or making a trip and doing it in person just to be safe. The ticket is incorrect and unjustified because I had not been speeding. I asked the officer how he caught me "speeding" because he obviously did not have a good vantage point to mistakenly pull me over instead of the other car that was clearly speeding and passed me up. I believe he did a u turn on the freeway. How can I defend against this? Is there any section in the rule books or examples of cases? Also, if I were to lose this should I do discovery before my trial de novo? Thanks..

 

[FlyingRon]

Come up with more compelling evidence than your mere statement that you were not speeding. The cop is not obliged to tell you during the stop and there's nothing improper with him making a U turn (I'm failing to see how this is remotely significant).

The California crowd will be by here shortly to let you know what your options for discovery, etc... are.

 

[Jim_bo]

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

I received a speeding ticket a while back but have been too busy and putting it off until now. I received it late at night on a deserted highway. I remember being passed up by a car that was speeding, and minutes later the cop pulls me over instead. When I asked him what he used to pull me over he didn't respond. I believe he was on the other side of the freeway and did a u turn on the dirt road to pull me over. It took him over 3-4 minutes to pull me over when the other car was long gone. Is there anything I can use to defend against this in a trial by written declaration? What is my best course from here? Also, does anyone know the statistics on winning a tbd? What should I do if I am to lose my tbd? Thanks in advance for all response.

You have provided very little detail about your ticket. It's kinda like you coming here and saying, "my car is broken, what should I do to fix it?!"

Please provide all the pertinent info and details if you'd like an informed response.

 

[xylene]

Its been 5-6 months since the initial stop. The due date is coming up soon and I plan on sending in the bail along with my tbd or making a trip and doing it in person just to be safe. The ticket is incorrect and unjustified because I had not been speeding. I asked the officer how he caught me "speeding" because he obviously did not have a good vantage point to mistakenly pull me over instead of the other car that was clearly speeding and passed me up. I believe he did a u turn on the freeway. How can I defend against this? Is there any section in the rule books or examples of cases? Also, if I were to lose this should I do discovery before my trial de novo? Thanks..

How fast over the limit?

The bottom line is you sat on your hands.

If the ticket was 'bogus' you needed to hire a lawyer right away...

 

[I_Got_Banned]

Is this the same citation that you asked about in this thread: https://forum.freeadvice.com/speeding-other-moving-violations-13/what-do-unjustly-cited-speeding-96mph-466056.html or the one that you asked about in this thread: https://forum.freeadvice.com/speeding-other-moving-violations-13/what-my-best-course-action-468006.html

Either way, the common theme between all three threads (or should I include the forth "Sober but almost DUI" thread?) seems to be the "bogus" part.

At any rate... If it is one of the citation that I linked above, you should have kept it in the same thread, that way we don't have to keep jumping back and forth.

I would do discovery before a TBD. Although my guess is that you're almost out of time for that.