Need help with contesting 22349 (a)

[Driver65]

I live in San Francisco Bay Area. I was coming home from Oregon on Friday 21, 2009. Close to Redding, a CHP officer pulled me over and cited me for going 81 mph in a 65 mph zone 22349 (a). I have yet to recieve any paper work from Shasta County court. I called the court on 09/14/09. based on the phone system info, my citaion number is not in the court system. Is it possible that my papaer work has been lost and I do not have to be worry about it any more? My citation is stating that I should appear in court on 9/25/09 but as of 09/14/09 they have no record of my citation. I can not talk to any clerk of the court because the phone system states clerks are busy and hangs up on me. What should I do?

Thanks

 

[I_Got_Banned]

Friday 21, 2009.

Is that supposed to be Friday AUGUST 21, 2009?

Regardless, it takes a minimum of 21 days for the citation to be entered into the court system... And they have up to a maximum of one year to file it. So you're still ways away from getting a freebie.

If you don't receive anything by your appearance date (9/25/09), you should still appear in court on that date (when you signed the citation, you made a promise to appear/pay on or before that day). If the citation has not been filed, you should request that the clerk stamp your citation with proof that you did in fact appear. That way you don't get hit with a "Failure to Appear" charge in addition to the underlying charge of speeding.

 

[Driver65]

Thank you very much I_Got_Banned. You know this stuff. I check the phone system and they had my info today. The fine is $316 and another $65 if I want to go to traffic school. Do you think there is an effective way to contest it. Most of the web site is saying that is very hard to win against 22349 (a).

 

[I_Got_Banned]

Do you think there is an effective way to contest it.

You'd have to tell us more about the circumstances under which you were cited... How he measured your speed... etc

 

[Driver65]

You'd have to tell us more about the circumstances under which you were cited... How he measured your speed... etc

I was coming back from Oregon. Close to Redding, I was going about 75 mph. I saw a CHP car about 0.75 miles a head of me on the side of the road. From that distence I could not see if he had a radar gun. I slowed down. when I got close to him and pass him I could not see a radar gun. It was really hot the temperature was 106, he had all his windows up (probebely he had the ac blasting inside). Thus, I felt no radar and his windows were up, I am home free. But he pulled me over and told me I was going 81. I forgot to ask him how he determined my speed. However, on the ticket, he has check the box for Radar/Lidar. All I know is I never saw a radar on me and I was going about 75. I do not know were the 81 mph came from.

Regards

 

[Jim_bo]

I doubt you will win on any conventional arguments. If you want to exhaust all possibilities, I'd file a TBWD. If I lost that (and it's likely to lose), I'd file a trial de novo. Once in court, if the cop had shown up, I'd ask for traffic school.

 

[Zigner]

...I never saw a radar on me...

The radar is mounted to the car. He doesn't have to hold it in his hands.

 

[CdwJava]

The CHP primarily uses the Stalker Dual and it has rear and forward facing antennas and can also be set for stationary or motion modes. Had he been using a handheld device, it likely would have been a lidar.

- Carl

 

[Driver65]

Guys, thank you very much for your help!