Incorrect Speed on Ticket Question #2

[JamaalJ]

What is the name of your state? California

I posted this question further down in my original question. I appreciate the answers from the first one, but would like to focus on something new. I would like it to remain on topic this time. I want to simplify this without getting into specifics.

- Assume: An officer saw another car that looked like mine going 95.
- Assume: He lost sight of the car.

He then pulled me over when I was going 80. He was mistaken. He gave me a ticket with 95 on it.

- Assume: I can prove the officer did not see me going 95.
- Assume: that the officer can state without a doubt I was going 80.

Based on the above assumptions:
If the officer writes down 95 but can only prove you were going 80, is the ticket dismissable or would the judge say that I was speeding and uphold the ticket?

[Zigner]

You have been answered in your prior thread.

[seniorjudge]

Originally Posted by JamaalJ

What is the name of your state? California

I posted this question further down in my original question. I appreciate the answers from the first one, but would like to focus on something new. I would like it to remain on topic this time. I want to simplify this without getting into specifics.

- Assume: An officer saw another car that looked like mine going 95.
- Assume: He lost sight of the car.

He then pulled me over when I was going 80. He was mistaken. He gave me a ticket with 95 on it.

- Assume: I can prove the officer did not see me going 95.
- Assume: that the officer can state without a doubt I was going 80.

Based on the above assumptions:
If the officer writes down 95 but can only prove you were going 80, is the ticket dismissable or would the judge say that I was speeding and uphold the ticket?

Here are your answers:

[url]http://forum.freeadvice.com/showthread.php?t=406937[/url]

[Curt581]

Originally Posted by JamaalJ

If the officer writes down 95 but can only prove you were going 80, is the ticket dismissable or would the judge say that I was speeding and uphold the ticket?

I want you to rephrase the question at least two more times. Each rephrasing must be more imaginative than the last.

Then, and only then, I will say "Yes".




After all... that's really all you want, isn't it?

Someone to tell you you're right?


When you go to court, don't forget to tell the judge that he has to dismiss the ticket because some anonymous person on the Internet told you you were right.

[CdwJava]

Originally Posted by JamaalJ

I posted this question further down in my original question. I appreciate the answers from the first one, but would like to focus on something new. I would like it to remain on topic this time. I want to simplify this without getting into specifics.

- Assume: An officer saw another car that looked like mine going 95.
- Assume: He lost sight of the car.

He then pulled me over when I was going 80. He was mistaken. He gave me a ticket with 95 on it.

- Assume: I can prove the officer did not see me going 95.
- Assume: that the officer can state without a doubt I was going 80.

How can you possibly prove what the officer did or did not see? Or even where he did or did not observe you?

You can IMPLY anything you wish ... that does not PROVE it.

Based on the above assumptions:
If the officer writes down 95 but can only prove you were going 80, is the ticket dismissable or would the judge say that I was speeding and uphold the ticket?

The judge can and will do what he feels is proper. If he feels that the officer has demonstrated that you were speeding at 95, he will find you guilty of 95. If he feels that the officer can only show you were doing 80, he will find you guilty of doing 80.

Perhaps you should consider contacting the DA (assuming your DA at least oversees traffic matters) and ask if you can plead to a speed of 80.

- Carl

[Hey There]

5-1-08
Jamaal

1.Every driver who pleads not guilty to the violation he was charged with will have the case against him dismissed if he can prove he was cited in error FOR THE VIOLATION THAT IS WRITTEN ON HIS TICKET.
The driver is under no obligation to act a witness that he is guilty of another violation or to act as a prosecutor to bring a new charge against himself.
In Ca. a driver is entitled to Discovery.
The driver can obtain copies of the officer's notes, a copy of the video if one was used, a copy of the front and back of the traffic ticket and where the officer was when he observed the alleged violation.
Information on Discovery can be found on the internet by typing in
1.Discovery for Traffic Tickets on Google.
2.Typing in Help! I Got A Ticket!
This site also provides a form to send to the D.A., instructions on how to conduct a proper defence, and thru an E:mail on his site he will answer questions about your citation.
3.At the library there is likely a book published by NOLO on how to fight a traffic ticket in CA. with instructions on Discovery and a form in the back of the book to request Discovery from the citing officer and D.A. The request must be signed by the driver, BUT copies of the request
MUST be mailed Certified, Return Receipt by a FRIEND,
who fills out a proof of service that the driver keeps for his records.
The above book also has information a driver can use to file for dismisal if Discovery isn't provided and how to conduct a proper defence in court.
Calling a court clerk and requesting to appear at a later date (a continuance) gives the cited driver more time to obtain Discovery with the possibility of filing a Trial by Declaration once Discovery is received.
According to your thread you filed for a Trial by Declaration but were ruled against. The driver can request a NEW TRIAL if ruled against and can request a different judge if done within 20 days of the verdict.
1.You've done this. Right?
2.You haven't requested Discovery?
3.You did REQUEST A NEW TRIAL?
4.WHEN IS THE NEW TRIAL DATE?
5.You requested a different judge for your trial?
6.Have you requested a photo copy of the officer's statement in the
Trial by declaration?
7.Some lawyers will consult for free or a modest amount($50.00) on a one time basis.
Lawyers who do this can be found in the yellow pages of a phone book.Have you done this?
8.If possible, a driver should go to the court where his case will be held
and observe how the judge rules on traffic cases.Are you able to do this?
For a defence against a speeding ticket two sites that have additional information are:
Speeding Ticket FAQ
Speeding Ticket -- Fighting or Plea Bargaining

What is the violation code you were cited for?

Best Regards.
Hey There

[JamaalJ]

Originally Posted by CdwJava

How can you possibly prove what the officer did or did not see? Or even where he did or did not observe you?

You can IMPLY anything you wish ... that does not PROVE it.


The judge can and will do what he feels is proper. If he feels that the officer has demonstrated that you were speeding at 95, he will find you guilty of 95. If he feels that the officer can only show you were doing 80, he will find you guilty of doing 80.

Perhaps you should consider contacting the DA (assuming your DA at least oversees traffic matters) and ask if you can plead to a speed of 80.

- Carl

Thank You Carl, That is a perfect answer.

[JamaalJ]

Thank You,

This is valuable information as well.

I have no plans on fighting this ticket as it is going to be more of a hassle then it is worth. I was speeding, and I deserved a ticket. It is unfortunate that the ticket is about $100 more than it should be, but oh well. I also hope that the 95 mph doesn't affect other things more than a 80mph ticket would.

Originally Posted by Hey There

5-1-08
Jamaal

1.Every driver who pleads not guilty to the violation he was charged with will have the case against him dismissed if he can prove he was cited in error FOR THE VIOLATION THAT IS WRITTEN ON HIS TICKET.
The driver is under no obligation to act a witness that he is guilty of another violation or to act as a prosecutor to bring a new charge against himself.
In Ca. a driver is entitled to Discovery.
The driver can obtain copies of the officer's notes, a copy of the video if one was used, a copy of the front and back of the traffic ticket and where the officer was when he observed the alleged violation.
Information on Discovery can be found on the internet by typing in
1.Discovery for Traffic Tickets on Google.
2.Typing in Help! I Got A Ticket!
This site also provides a form to send to the D.A., instructions on how to conduct a proper defence, and thru an E:mail on his site he will answer questions about your citation.
3.At the library there is likely a book published by NOLO on how to fight a traffic ticket in CA. with instructions on Discovery and a form in the back of the book to request Discovery from the citing officer and D.A. The request must be signed by the driver, BUT copies of the request
MUST be mailed Certified, Return Receipt by a FRIEND,
who fills out a proof of service that the driver keeps for his records.
The above book also has information a driver can use to file for dismisal if Discovery isn't provided and how to conduct a proper defence in court.
Calling a court clerk and requesting to appear at a later date (a continuance) gives the cited driver more time to obtain Discovery with the possibility of filing a Trial by Declaration once Discovery is received.
According to your thread you filed for a Trial by Declaration but were ruled against. The driver can request a NEW TRIAL if ruled against and can request a different judge if done within 20 days of the verdict.
1.You've done this. Right?
2.You haven't requested Discovery?
3.You did REQUEST A NEW TRIAL?
4.WHEN IS THE NEW TRIAL DATE?
5.You requested a different judge for your trial?
6.Have you requested a photo copy of the officer's statement in the
Trial by declaration?
7.Some lawyers will consult for free or a modest amount($50.00) on a one time basis.
Lawyers who do this can be found in the yellow pages of a phone book.Have you done this?
8.If possible, a driver should go to the court where his case will be held
and observe how the judge rules on traffic cases.Are you able to do this?
For a defence against a speeding ticket two sites that have additional information are:
Speeding Ticket FAQ
Speeding Ticket -- Fighting or Plea Bargaining

What is the violation code you were cited for?

Best Regards.
Hey There