Trial by Declaration
Drifting
Joined: Oct 2007
Posts: 1,827
Likes: 5
From: Chino Hills CA
Here is an example of such a case, use it as a guide to make it work for you.
I just go notice from the court that I was found not guilty for (22350 VC) speeding... I was refunded my fine. I was doing 58 in a 40...
I contested the ticket via the mail. It’s called "TRIAL BY DECLARATION". In short, the police officer has to submit his contest in writing or the case will be dismissed. Unlike showing up in court where the office gets paid overtime to contest, the officer gets nothing for Trial by Declaration. So most of the time they don’t reply, and the case gets dismissed… The same result happened to my buddy when he contested his illegal U-turn ticket... This is how I learned to this process...
The Steps that I took: (In Short)
1. Pay the fine.
2. Request a Trial by Declaration.
3. Submit your story as to why you wish to contest.
4. Include other documents that the “Trial by Declaration” paperwork specifies.
5. Wait about 4 months…
Here is what I wrote to the court… Hope this helps…
---------------------------------------------------------
Hello,
I respectfully submit this written declaration to the Court pursuant to CVC 40902. I plead Not Guilty to the charge of violating CVC 22350.
The following contains the details of my case:
While traveling east on Harbor Blvd in Costa Mesa Monday February 18th, 2008 I was stopped by a Costa Mesa Officer (Officer Miles) and was charged with violating CVC 22350. The Officer has alleged that I was driving 58mph in a 40mph zone based on Radar evidence. I believe that I was driving approximately 45-50mph at the time of my stop and that my speed was quite safe for the prevailing conditions. When I asked to view the speed measuring device evidence reflecting my clocked speed, I was refused.
The Basic Speed Law, CVC 22350 states: "No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of the highway, and in no event at a speed which endangers the safety of persons or property." At the time of my traffic stop the road was dry and with very light traffic since it was early in the morning on a holiday (Martin Luther King Day). On my citation, the officer marks that the traffic was "light." No persons or property were put at risk. As such, the Officer does not make a credible case that I was in violation of the Basic Speed Law.
Furthermore, I believe that the posted speed limit of 40mph on Harbor Blvd is artificially low for being a three lane road both ways just off the freeway. This clearly reflects an out-of-date traffic and engineering survey and, as such, may constitute an illegal Speed Trap pursuant to CVC 40802(a)(2) which defines an illegal radar speed trap as:"A particular section of a highway with a...speed limit that is provided by this code...[which] limit is not justified by an engineering and traffic survey conducted within five years prior to the date of the alleged violation, and enforcement of the speed limit involves the use of radar or any other electronic device that measures the speed of moving objects." If the traffic survey on Harbor Blvd is more than five years old, the officer's use of Radar\Laser to determine my speed was illegal.
When using radar or laser speed evidence, the prosecution is required to prove that the use of radar or laser is not an illegal speed trap. Speed Trap Evidence 40803(b) states: "In any prosecution under this code of a charge involving the speed of a vehicle, where enforcement involves the use of radar or other electronic devices which measure the speed of moving objects, the prosecution shall establish, as part of its prima facie case, that the evidence or testimony presented is not based upon a speed trap as defined in paragraph (2) of subdivision (a) of Section 40802."
If the prosecution does not attach proof with its written declaration (a certified copy of the speed survey) to establish as part of its prima facie case, that Harbor Blvd is not an illegal Speed Trap, as they are required to do pursuant to CVC 40803(b), I trust the Court will rule the radar\laser evidence inadmissible and dismiss my case pursuant to CVC 40805. CVC 40805, Admission of Speed Trap Evidence, states:"Every court shall be without jurisdiction to render a judgment of conviction against any person for violation of this code involving the speed of a vehicle if the court admits any evidence or testimony secured in violation of, or which is inadmissible under this article."
I trust in the Court's fairness and ask that my citation be dismissed in the interest of justice. If the court does not find in my favor in this case, I request a Trial de Novo. I also respectfully request that I may still attend traffic school to clear my diving record if found guilty.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
I just go notice from the court that I was found not guilty for (22350 VC) speeding... I was refunded my fine. I was doing 58 in a 40...
I contested the ticket via the mail. It’s called "TRIAL BY DECLARATION". In short, the police officer has to submit his contest in writing or the case will be dismissed. Unlike showing up in court where the office gets paid overtime to contest, the officer gets nothing for Trial by Declaration. So most of the time they don’t reply, and the case gets dismissed… The same result happened to my buddy when he contested his illegal U-turn ticket... This is how I learned to this process...
The Steps that I took: (In Short)
1. Pay the fine.
2. Request a Trial by Declaration.
3. Submit your story as to why you wish to contest.
4. Include other documents that the “Trial by Declaration” paperwork specifies.
5. Wait about 4 months…
Here is what I wrote to the court… Hope this helps…
---------------------------------------------------------
Hello,
I respectfully submit this written declaration to the Court pursuant to CVC 40902. I plead Not Guilty to the charge of violating CVC 22350.
The following contains the details of my case:
While traveling east on Harbor Blvd in Costa Mesa Monday February 18th, 2008 I was stopped by a Costa Mesa Officer (Officer Miles) and was charged with violating CVC 22350. The Officer has alleged that I was driving 58mph in a 40mph zone based on Radar evidence. I believe that I was driving approximately 45-50mph at the time of my stop and that my speed was quite safe for the prevailing conditions. When I asked to view the speed measuring device evidence reflecting my clocked speed, I was refused.
The Basic Speed Law, CVC 22350 states: "No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of the highway, and in no event at a speed which endangers the safety of persons or property." At the time of my traffic stop the road was dry and with very light traffic since it was early in the morning on a holiday (Martin Luther King Day). On my citation, the officer marks that the traffic was "light." No persons or property were put at risk. As such, the Officer does not make a credible case that I was in violation of the Basic Speed Law.
Furthermore, I believe that the posted speed limit of 40mph on Harbor Blvd is artificially low for being a three lane road both ways just off the freeway. This clearly reflects an out-of-date traffic and engineering survey and, as such, may constitute an illegal Speed Trap pursuant to CVC 40802(a)(2) which defines an illegal radar speed trap as:"A particular section of a highway with a...speed limit that is provided by this code...[which] limit is not justified by an engineering and traffic survey conducted within five years prior to the date of the alleged violation, and enforcement of the speed limit involves the use of radar or any other electronic device that measures the speed of moving objects." If the traffic survey on Harbor Blvd is more than five years old, the officer's use of Radar\Laser to determine my speed was illegal.
When using radar or laser speed evidence, the prosecution is required to prove that the use of radar or laser is not an illegal speed trap. Speed Trap Evidence 40803(b) states: "In any prosecution under this code of a charge involving the speed of a vehicle, where enforcement involves the use of radar or other electronic devices which measure the speed of moving objects, the prosecution shall establish, as part of its prima facie case, that the evidence or testimony presented is not based upon a speed trap as defined in paragraph (2) of subdivision (a) of Section 40802."
If the prosecution does not attach proof with its written declaration (a certified copy of the speed survey) to establish as part of its prima facie case, that Harbor Blvd is not an illegal Speed Trap, as they are required to do pursuant to CVC 40803(b), I trust the Court will rule the radar\laser evidence inadmissible and dismiss my case pursuant to CVC 40805. CVC 40805, Admission of Speed Trap Evidence, states:"Every court shall be without jurisdiction to render a judgment of conviction against any person for violation of this code involving the speed of a vehicle if the court admits any evidence or testimony secured in violation of, or which is inadmissible under this article."
I trust in the Court's fairness and ask that my citation be dismissed in the interest of justice. If the court does not find in my favor in this case, I request a Trial de Novo. I also respectfully request that I may still attend traffic school to clear my diving record if found guilty.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Melting Slicks
Joined: Jan 2008
Posts: 2,352
Likes: 1
From: In Front of you...
Yup... This was my write up... See below for the original link...
http://forums.corvetteforum.com/off-...eful-info.html
-Mike
http://forums.corvetteforum.com/off-...eful-info.html
-Mike
Here is an example of such a case, use it as a guide to make it work for you.
I just go notice from the court that I was found not guilty for (22350 VC) speeding... I was refunded my fine. I was doing 58 in a 40...
I contested the ticket via the mail. It’s called "TRIAL BY DECLARATION". In short, the police officer has to submit his contest in writing or the case will be dismissed. Unlike showing up in court where the office gets paid overtime to contest, the officer gets nothing for Trial by Declaration. So most of the time they don’t reply, and the case gets dismissed… The same result happened to my buddy when he contested his illegal U-turn ticket... This is how I learned to this process...
The Steps that I took: (In Short)
1. Pay the fine.
2. Request a Trial by Declaration.
3. Submit your story as to why you wish to contest.
4. Include other documents that the “Trial by Declaration” paperwork specifies.
5. Wait about 4 months…
Here is what I wrote to the court… Hope this helps…
---------------------------------------------------------
Hello,
I respectfully submit this written declaration to the Court pursuant to CVC 40902. I plead Not Guilty to the charge of violating CVC 22350.
The following contains the details of my case:
While traveling east on Harbor Blvd in Costa Mesa Monday February 18th, 2008 I was stopped by a Costa Mesa Officer (Officer Miles) and was charged with violating CVC 22350. The Officer has alleged that I was driving 58mph in a 40mph zone based on Radar evidence. I believe that I was driving approximately 45-50mph at the time of my stop and that my speed was quite safe for the prevailing conditions. When I asked to view the speed measuring device evidence reflecting my clocked speed, I was refused.
The Basic Speed Law, CVC 22350 states: "No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of the highway, and in no event at a speed which endangers the safety of persons or property." At the time of my traffic stop the road was dry and with very light traffic since it was early in the morning on a holiday (Martin Luther King Day). On my citation, the officer marks that the traffic was "light." No persons or property were put at risk. As such, the Officer does not make a credible case that I was in violation of the Basic Speed Law.
Furthermore, I believe that the posted speed limit of 40mph on Harbor Blvd is artificially low for being a three lane road both ways just off the freeway. This clearly reflects an out-of-date traffic and engineering survey and, as such, may constitute an illegal Speed Trap pursuant to CVC 40802(a)(2) which defines an illegal radar speed trap as:"A particular section of a highway with a...speed limit that is provided by this code...[which] limit is not justified by an engineering and traffic survey conducted within five years prior to the date of the alleged violation, and enforcement of the speed limit involves the use of radar or any other electronic device that measures the speed of moving objects." If the traffic survey on Harbor Blvd is more than five years old, the officer's use of Radar\Laser to determine my speed was illegal.
When using radar or laser speed evidence, the prosecution is required to prove that the use of radar or laser is not an illegal speed trap. Speed Trap Evidence 40803(b) states: "In any prosecution under this code of a charge involving the speed of a vehicle, where enforcement involves the use of radar or other electronic devices which measure the speed of moving objects, the prosecution shall establish, as part of its prima facie case, that the evidence or testimony presented is not based upon a speed trap as defined in paragraph (2) of subdivision (a) of Section 40802."
If the prosecution does not attach proof with its written declaration (a certified copy of the speed survey) to establish as part of its prima facie case, that Harbor Blvd is not an illegal Speed Trap, as they are required to do pursuant to CVC 40803(b), I trust the Court will rule the radar\laser evidence inadmissible and dismiss my case pursuant to CVC 40805. CVC 40805, Admission of Speed Trap Evidence, states:"Every court shall be without jurisdiction to render a judgment of conviction against any person for violation of this code involving the speed of a vehicle if the court admits any evidence or testimony secured in violation of, or which is inadmissible under this article."
I trust in the Court's fairness and ask that my citation be dismissed in the interest of justice. If the court does not find in my favor in this case, I request a Trial de Novo. I also respectfully request that I may still attend traffic school to clear my diving record if found guilty.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
I just go notice from the court that I was found not guilty for (22350 VC) speeding... I was refunded my fine. I was doing 58 in a 40...
I contested the ticket via the mail. It’s called "TRIAL BY DECLARATION". In short, the police officer has to submit his contest in writing or the case will be dismissed. Unlike showing up in court where the office gets paid overtime to contest, the officer gets nothing for Trial by Declaration. So most of the time they don’t reply, and the case gets dismissed… The same result happened to my buddy when he contested his illegal U-turn ticket... This is how I learned to this process...
The Steps that I took: (In Short)
1. Pay the fine.
2. Request a Trial by Declaration.
3. Submit your story as to why you wish to contest.
4. Include other documents that the “Trial by Declaration” paperwork specifies.
5. Wait about 4 months…
Here is what I wrote to the court… Hope this helps…
---------------------------------------------------------
Hello,
I respectfully submit this written declaration to the Court pursuant to CVC 40902. I plead Not Guilty to the charge of violating CVC 22350.
The following contains the details of my case:
While traveling east on Harbor Blvd in Costa Mesa Monday February 18th, 2008 I was stopped by a Costa Mesa Officer (Officer Miles) and was charged with violating CVC 22350. The Officer has alleged that I was driving 58mph in a 40mph zone based on Radar evidence. I believe that I was driving approximately 45-50mph at the time of my stop and that my speed was quite safe for the prevailing conditions. When I asked to view the speed measuring device evidence reflecting my clocked speed, I was refused.
The Basic Speed Law, CVC 22350 states: "No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of the highway, and in no event at a speed which endangers the safety of persons or property." At the time of my traffic stop the road was dry and with very light traffic since it was early in the morning on a holiday (Martin Luther King Day). On my citation, the officer marks that the traffic was "light." No persons or property were put at risk. As such, the Officer does not make a credible case that I was in violation of the Basic Speed Law.
Furthermore, I believe that the posted speed limit of 40mph on Harbor Blvd is artificially low for being a three lane road both ways just off the freeway. This clearly reflects an out-of-date traffic and engineering survey and, as such, may constitute an illegal Speed Trap pursuant to CVC 40802(a)(2) which defines an illegal radar speed trap as:"A particular section of a highway with a...speed limit that is provided by this code...[which] limit is not justified by an engineering and traffic survey conducted within five years prior to the date of the alleged violation, and enforcement of the speed limit involves the use of radar or any other electronic device that measures the speed of moving objects." If the traffic survey on Harbor Blvd is more than five years old, the officer's use of Radar\Laser to determine my speed was illegal.
When using radar or laser speed evidence, the prosecution is required to prove that the use of radar or laser is not an illegal speed trap. Speed Trap Evidence 40803(b) states: "In any prosecution under this code of a charge involving the speed of a vehicle, where enforcement involves the use of radar or other electronic devices which measure the speed of moving objects, the prosecution shall establish, as part of its prima facie case, that the evidence or testimony presented is not based upon a speed trap as defined in paragraph (2) of subdivision (a) of Section 40802."
If the prosecution does not attach proof with its written declaration (a certified copy of the speed survey) to establish as part of its prima facie case, that Harbor Blvd is not an illegal Speed Trap, as they are required to do pursuant to CVC 40803(b), I trust the Court will rule the radar\laser evidence inadmissible and dismiss my case pursuant to CVC 40805. CVC 40805, Admission of Speed Trap Evidence, states:"Every court shall be without jurisdiction to render a judgment of conviction against any person for violation of this code involving the speed of a vehicle if the court admits any evidence or testimony secured in violation of, or which is inadmissible under this article."
I trust in the Court's fairness and ask that my citation be dismissed in the interest of justice. If the court does not find in my favor in this case, I request a Trial de Novo. I also respectfully request that I may still attend traffic school to clear my diving record if found guilty.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Melting Slicks
Joined: Dec 2004
Posts: 2,547
Likes: 1
From: Riverside CA
Using this same process I bet a ticket that my daugther got going 83 in a 70 on I-15 just North of SD. 
Officer's value their time as we all do and in most cases it more trouble then it's worth for them to fight back - they run on percentages - only about 1 - 3 % if that fight tickets this way! So if a few get by so be it - the majority just pay it and go the traffic school.
Officer's value their time as we all do and in most cases it more trouble then it's worth for them to fight back - they run on percentages - only about 1 - 3 % if that fight tickets this way! So if a few get by so be it - the majority just pay it and go the traffic school.
Drifting
Joined: Nov 2005
Posts: 1,745
Likes: 35
From: Turlock CA
I used it successfully for a 64 in a 45 radar trap ticket. I thought about "making my case" but in the end simply wrote, "I stand by my plea of not guilty." The charges were dropped and my money refunded.
I have believed for a long time that if everyone receiving a ticket were to contest it the traffic court system would grind to a halt in months as it is not setup to handle the load.
I have believed for a long time that if everyone receiving a ticket were to contest it the traffic court system would grind to a halt in months as it is not setup to handle the load.
Team Owner
Joined: Jan 2006
Posts: 20,800
Likes: 59
From: Tellico Village, Tn
St. Jude Donor '08
Here is an example of such a case, use it as a guide to make it work for you.
I just go notice from the court that I was found not guilty for (22350 VC) speeding... I was refunded my fine. I was doing 58 in a 40...
I contested the ticket via the mail. It’s called "TRIAL BY DECLARATION". In short, the police officer has to submit his contest in writing or the case will be dismissed. Unlike showing up in court where the office gets paid overtime to contest, the officer gets nothing for Trial by Declaration. So most of the time they don’t reply, and the case gets dismissed… The same result happened to my buddy when he contested his illegal U-turn ticket... This is how I learned to this process...
The Steps that I took: (In Short)
1. Pay the fine.
2. Request a Trial by Declaration.
3. Submit your story as to why you wish to contest.
4. Include other documents that the “Trial by Declaration” paperwork specifies.
5. Wait about 4 months…
Here is what I wrote to the court… Hope this helps…
---------------------------------------------------------
Hello,
I respectfully submit this written declaration to the Court pursuant to CVC 40902. I plead Not Guilty to the charge of violating CVC 22350.
The following contains the details of my case:
While traveling east on Harbor Blvd in Costa Mesa Monday February 18th, 2008 I was stopped by a Costa Mesa Officer (Officer Miles) and was charged with violating CVC 22350. The Officer has alleged that I was driving 58mph in a 40mph zone based on Radar evidence. I believe that I was driving approximately 45-50mph at the time of my stop and that my speed was quite safe for the prevailing conditions. When I asked to view the speed measuring device evidence reflecting my clocked speed, I was refused.
The Basic Speed Law, CVC 22350 states: "No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of the highway, and in no event at a speed which endangers the safety of persons or property." At the time of my traffic stop the road was dry and with very light traffic since it was early in the morning on a holiday (Martin Luther King Day). On my citation, the officer marks that the traffic was "light." No persons or property were put at risk. As such, the Officer does not make a credible case that I was in violation of the Basic Speed Law.
Furthermore, I believe that the posted speed limit of 40mph on Harbor Blvd is artificially low for being a three lane road both ways just off the freeway. This clearly reflects an out-of-date traffic and engineering survey and, as such, may constitute an illegal Speed Trap pursuant to CVC 40802(a)(2) which defines an illegal radar speed trap as:"A particular section of a highway with a...speed limit that is provided by this code...[which] limit is not justified by an engineering and traffic survey conducted within five years prior to the date of the alleged violation, and enforcement of the speed limit involves the use of radar or any other electronic device that measures the speed of moving objects." If the traffic survey on Harbor Blvd is more than five years old, the officer's use of Radar\Laser to determine my speed was illegal.
When using radar or laser speed evidence, the prosecution is required to prove that the use of radar or laser is not an illegal speed trap. Speed Trap Evidence 40803(b) states: "In any prosecution under this code of a charge involving the speed of a vehicle, where enforcement involves the use of radar or other electronic devices which measure the speed of moving objects, the prosecution shall establish, as part of its prima facie case, that the evidence or testimony presented is not based upon a speed trap as defined in paragraph (2) of subdivision (a) of Section 40802."
If the prosecution does not attach proof with its written declaration (a certified copy of the speed survey) to establish as part of its prima facie case, that Harbor Blvd is not an illegal Speed Trap, as they are required to do pursuant to CVC 40803(b), I trust the Court will rule the radar\laser evidence inadmissible and dismiss my case pursuant to CVC 40805. CVC 40805, Admission of Speed Trap Evidence, states:"Every court shall be without jurisdiction to render a judgment of conviction against any person for violation of this code involving the speed of a vehicle if the court admits any evidence or testimony secured in violation of, or which is inadmissible under this article."
I trust in the Court's fairness and ask that my citation be dismissed in the interest of justice. If the court does not find in my favor in this case, I request a Trial de Novo. I also respectfully request that I may still attend traffic school to clear my diving record if found guilty.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
I just go notice from the court that I was found not guilty for (22350 VC) speeding... I was refunded my fine. I was doing 58 in a 40...
I contested the ticket via the mail. It’s called "TRIAL BY DECLARATION". In short, the police officer has to submit his contest in writing or the case will be dismissed. Unlike showing up in court where the office gets paid overtime to contest, the officer gets nothing for Trial by Declaration. So most of the time they don’t reply, and the case gets dismissed… The same result happened to my buddy when he contested his illegal U-turn ticket... This is how I learned to this process...
The Steps that I took: (In Short)
1. Pay the fine.
2. Request a Trial by Declaration.
3. Submit your story as to why you wish to contest.
4. Include other documents that the “Trial by Declaration” paperwork specifies.
5. Wait about 4 months…
Here is what I wrote to the court… Hope this helps…
---------------------------------------------------------
Hello,
I respectfully submit this written declaration to the Court pursuant to CVC 40902. I plead Not Guilty to the charge of violating CVC 22350.
The following contains the details of my case:
While traveling east on Harbor Blvd in Costa Mesa Monday February 18th, 2008 I was stopped by a Costa Mesa Officer (Officer Miles) and was charged with violating CVC 22350. The Officer has alleged that I was driving 58mph in a 40mph zone based on Radar evidence. I believe that I was driving approximately 45-50mph at the time of my stop and that my speed was quite safe for the prevailing conditions. When I asked to view the speed measuring device evidence reflecting my clocked speed, I was refused.
The Basic Speed Law, CVC 22350 states: "No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of the highway, and in no event at a speed which endangers the safety of persons or property." At the time of my traffic stop the road was dry and with very light traffic since it was early in the morning on a holiday (Martin Luther King Day). On my citation, the officer marks that the traffic was "light." No persons or property were put at risk. As such, the Officer does not make a credible case that I was in violation of the Basic Speed Law.
Furthermore, I believe that the posted speed limit of 40mph on Harbor Blvd is artificially low for being a three lane road both ways just off the freeway. This clearly reflects an out-of-date traffic and engineering survey and, as such, may constitute an illegal Speed Trap pursuant to CVC 40802(a)(2) which defines an illegal radar speed trap as:"A particular section of a highway with a...speed limit that is provided by this code...[which] limit is not justified by an engineering and traffic survey conducted within five years prior to the date of the alleged violation, and enforcement of the speed limit involves the use of radar or any other electronic device that measures the speed of moving objects." If the traffic survey on Harbor Blvd is more than five years old, the officer's use of Radar\Laser to determine my speed was illegal.
When using radar or laser speed evidence, the prosecution is required to prove that the use of radar or laser is not an illegal speed trap. Speed Trap Evidence 40803(b) states: "In any prosecution under this code of a charge involving the speed of a vehicle, where enforcement involves the use of radar or other electronic devices which measure the speed of moving objects, the prosecution shall establish, as part of its prima facie case, that the evidence or testimony presented is not based upon a speed trap as defined in paragraph (2) of subdivision (a) of Section 40802."
If the prosecution does not attach proof with its written declaration (a certified copy of the speed survey) to establish as part of its prima facie case, that Harbor Blvd is not an illegal Speed Trap, as they are required to do pursuant to CVC 40803(b), I trust the Court will rule the radar\laser evidence inadmissible and dismiss my case pursuant to CVC 40805. CVC 40805, Admission of Speed Trap Evidence, states:"Every court shall be without jurisdiction to render a judgment of conviction against any person for violation of this code involving the speed of a vehicle if the court admits any evidence or testimony secured in violation of, or which is inadmissible under this article."
I trust in the Court's fairness and ask that my citation be dismissed in the interest of justice. If the court does not find in my favor in this case, I request a Trial de Novo. I also respectfully request that I may still attend traffic school to clear my diving record if found guilty.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Overtime??? The officer only gets overtime if court hours falls on his day off, or outside his normal shift hours. It is not a big deal for him to reschedule the court date to fall on his normal hours. Besides what the hell does overtime have to do with it??
Melting Slicks
Joined: Jan 2008
Posts: 2,352
Likes: 1
From: In Front of you...
Yeah, but the LEO still needs to contest in writing in you chose TBD... Thats where you get them...
Team Owner
Joined: Jan 2006
Posts: 20,800
Likes: 59
From: Tellico Village, Tn
St. Jude Donor '08
Do you honestly think ten minutes of typing plus a diagram is a big issue for him. For me it was time away from the radio and a little time of peace and quiet in the office. That's how most of the guys i worked with felt about it. We had to submit a disposition report on traffic tickets. The department took a hard look at someone who was too lazy to finish his job regarding cites.
Corvette Stories
The Best of Corvette for Corvette Enthusiasts
Top 10 Most Expensive Corvettes Ever Sold on Bring A Trailer
Brett Foote
10 Things Every Corvette Owner Needs (2026 Edition)
Michael S. Palmer
8 Most "Only Corvette Owners Understand" Quirks and Problems
Pouria Savadkouei
10 Reasons the C6 Z06 is Still A Performance Benchmark After 20 Years
Joe Kucinski
How Much Horsepower Every Corvette Engine "LOST" in 1972
Joe Kucinski
Top 10 DOs and DON'Ts for Protecting Your Convertible Top!
Michael S. Palmer
Top 10 Most Explosive Corvettes Ever Made: Power-to-Weight Ratio Ranked!
Joe Kucinski
150 hp to 1,250 hp: Every Corvette Generation Compared by the Specs That Matter
Joe Kucinski
8 Coolest Corvette Pace Cars (and Replicas) of All Time
Verdad Gallardo
Safety Car
Joined: Jun 2007
Posts: 4,050
Likes: 1
From: Los Angeles CA
For a TBD to work does the violation "need" to be on a highway or can it be a local road too?
I tried it but it was on the road next to the freeway and not an actual freeway. It was a speed trap because the officer was usually there and I knew this thus the reason I was staying within reasonable speed. I honestly felt the guy next to me (in a gold/tan color caddy) was going faster and was in the inside lane closer to the officer which I stated in my plea and I still lost my case and had to pay up.
I think it was automobile profiling. Tan Caddy and black Corvette go by. Radar gun goes off. Who do you think it's most likely to be. I was going a few miles over the speed limit though so I took it like a man after my loss and paid up.
I tried it but it was on the road next to the freeway and not an actual freeway. It was a speed trap because the officer was usually there and I knew this thus the reason I was staying within reasonable speed. I honestly felt the guy next to me (in a gold/tan color caddy) was going faster and was in the inside lane closer to the officer which I stated in my plea and I still lost my case and had to pay up.
I think it was automobile profiling. Tan Caddy and black Corvette go by. Radar gun goes off. Who do you think it's most likely to be. I was going a few miles over the speed limit though so I took it like a man after my loss and paid up.
Team Owner
Joined: Jan 2006
Posts: 20,800
Likes: 59
From: Tellico Village, Tn
St. Jude Donor '08
For a TBD to work does the violation "need" to be on a highway or can it be a local road too?
I tried it but it was on the road next to the freeway and not an actual freeway. It was a speed trap because the officer was usually there and I knew this thus the reason I was staying within reasonable speed. I honestly felt the guy next to me (in a gold/tan color caddy) was going faster and was in the inside lane closer to the officer which I stated in my plea and I still lost my case and had to pay up.
I think it was automobile profiling. Tan Caddy and black Corvette go by. Radar gun goes off. Who do you think it's most likely to be. I was going a few miles over the speed limit though so I took it like a man after my loss and paid up.
I tried it but it was on the road next to the freeway and not an actual freeway. It was a speed trap because the officer was usually there and I knew this thus the reason I was staying within reasonable speed. I honestly felt the guy next to me (in a gold/tan color caddy) was going faster and was in the inside lane closer to the officer which I stated in my plea and I still lost my case and had to pay up.
I think it was automobile profiling. Tan Caddy and black Corvette go by. Radar gun goes off. Who do you think it's most likely to be. I was going a few miles over the speed limit though so I took it like a man after my loss and paid up.
Melting Slicks
Joined: Jan 2008
Posts: 2,352
Likes: 1
From: In Front of you...
Do you honestly think ten minutes of typing plus a diagram is a big issue for him. For me it was time away from the radio and a little time of peace and quiet in the office. That's how most of the guys i worked with felt about it. We had to submit a disposition report on traffic tickets. The department took a hard look at someone who was too lazy to finish his job regarding cites.
No matter what you say, you still have more of a chance beating a ticket in you use TBD vs any other method...
I do respect LEO's (except for Motor Units) and I was close to becoming one after college but I got too much crap from my parents and college girlfriend... So, I just go on a lot of ride alongs with my buddy's and watch COPS...
Roadster Madness. 😠
Joined: Sep 2009
Posts: 6,291
Likes: 2,361
From: Ventura Co Ca
SoCal Regional Events Coordinator
St. Jude Donor '13, '20-'21
Team Owner
Joined: Jan 2006
Posts: 20,800
Likes: 59
From: Tellico Village, Tn
St. Jude Donor '08
If it is a Radar ticket the court requires a copy of the speed survey prior to the court date. If no current survey, then the cite is dismissed.
Roadster Madness. 😠
Joined: Sep 2009
Posts: 6,291
Likes: 2,361
From: Ventura Co Ca
SoCal Regional Events Coordinator
St. Jude Donor '13, '20-'21
I do not know if this info is current, but, I believe they checked with the City or County Clerk, depending on where you where stopped. I also believe they get the info from the City/County Engineers. You can only find out if and when the survey was done.
Burning Brakes
Joined: Jan 2008
Posts: 1,021
Likes: 2
From: Lake Havasu City, AZ
St. Jude Donor '08-'09-'11-'12
1 have the traffic and engineering survey subpoena'd ahead of time for your review
2 Go to the agency and request a copy under the california records act
3 Go to the agency's engineering dept and ask for a copy.
4 If you really want to screw with the agency, subpoena the engineer's qualifications for conducting/preparing the survey...
and you can challenge the validity of the survey itself either by TBD or in person
Last edited by C2C6Z06; May 29, 2010 at 10:58 AM.
Burning Brakes
Joined: Jan 2008
Posts: 804
Likes: 4
Could not help but smile at the add on bottom of page. Wonder if it means they will pay for the ticket since it is guaranteed.
