CHP speeding ticket ....

[E_K]

.... and a few months later, it's overturned, thanks to a successful trial by declaration.

I basically did what one forum member had suggested, which was to put the burden of proof on the officer. He probably didn't turn in his statement.

background:
I'm going 65 in the fast lane on the 405, with 4 cars in front of me. I change a lane to the right, since I'm going to have to get on the 10 W to get to work. The guy pops me for going 80 MPH. Even though I'm sure I wasn't doing 80. I figure that he just threw that 80 number out there. So I made him try to prove in court that I really was going exactly 80 MPH.

[Silverbolt]

I have to send in my decleration in too. What exactly did you write in yours?

In my situation, I was just getting on the freeway, 57 north and he busted me for speeding within that first mile. However, I was somewhat speeding in order to merge into the flow of traffic. The cop issued the ticket to me but didnt write down how fast I was going, nor did he verbally tell me. He just said I was speeding and wrote me the ticket and left. Could I get out of the ticket because he never wrote down, or told me how fast I was going?

[SoCalTed]

If the officer did not write down how fast you were going, then he just handed you a get out of traffic ticket free card.

Pls check real carefully to make sure, though.

Also, check to see if you were cited for 22350 or 22351. There could be extenuating circumstances that the stupid court arbitrator (wanna be judge) may over look and it it will be up to you to tell him/her that they are incorrectly interpreting the law.

If you need any help, let me know... cheers, Ted

[Silverbolt]

Originally Posted by SoCalTed

If the officer did not write down how fast you were going, then he just handed you a get out of traffic ticket free card.

Pls check real carefully to make sure, though.

Also, check to see if you were cited for 22350 or 22351. There could be extenuating circumstances that the stupid court arbitrator (wanna be judge) may over look and it it will be up to you to tell him/her that they are incorrectly interpreting the law.

If you need any help, let me know... cheers, Ted

Unfortunately for me... he cited me with 22349(a).

On the ticket, there are three boxes under the violation part that describes the speeds.

In order, it says:
Speed Approx. = 60
P.F./Max Spd. = 65
Veh Lmt. = (he left it blank)

Also, I'm pretty sure he didnt clock me using a gun. I dont think there would have been enough time, or distance for him to do that and catch up to me that fast. And didnt these tickets used to say what method they used to clock our speeds?... or is that sherrif and not CHP?

[E_K]

You guys got me curious, so I looked back at the original ticket. I was cited for 22349(a): exceeding 65 MPH, maximum speed limit, wet roadway conditions. Speed approx: 80.

Which was also silly, since it wasn't raining, and the freeways were dry from all the car engines running on them. It was an overcast morning, but that does not equal a wet road.

[Dizz]

Originally Posted by Silverbolt

I have to send in my decleration in too. What exactly did you write in yours?

"I was not speeding. The officer's radar/laser/speedometer (depending how he popped you) was malfunctioning."

Whatever you do, don't ever admit guilt.
Just incase you don't believe me or anyone wants to question my methods, I've beaten five consecutive tickets.

Congrats E_K.
One thing I want to add after you have defeated your ticket Albert.
Make sure you keep your not guilty notice. You may have to follow up with the DMV and show them that you weren't convicted of the ticket.
The court doesn't seem to update the DMV about this at all.

My experiences show that my insurance company wanted to raise my rates because on paper it shows that I admitted guilt by cutting a check when I was sending it along with my written dec.

Good luck guys.

[EricIsKlumzyee]

another thing u guys can do... like if your going to vegas or something and get caught.. when the officer is issuing u a speeding ticket ask for the court to be in YOUR county and fight the ticket.. most likely the cop will not show up.. (theres a term for this i forgot it tho..) BUT be ready tho when you do ask that the cop will give you a hard time for it and might not even give it to you but by law they have to so just tell the court if they do not.

[E_K]

Thanks for the tip, Dizz. Fortunately, I keep all these records, and I always write down when I called people, and what was said. Maybe it's that medical training, where you get into the habit of documenting every single thing that happens to try and protect yourself.

Last time when Cingular tried to bill me for cell phone service after the date that it was supposed to be cancelled, I blasted them with all my records showing that I had called several times, who I talked to, and all the guarantees that they gave me that the phone would be cancelled by the date that I specified. I think I overwhelmed them.

I used to try and argue or come up with excuses with the CHP, now I just take the ticket and challenge it later. I figure that the less things stick in their minds about the ticket, the more likely they're going to forget the specifics.

[Dizz]

Originally Posted by E_K

I figure that the less things stick in their minds about the ticket, the more likely they're going to forget the specifics.

That is correct Dr.

[Nickk6]

I used your method Dizz...still waiting to hear back.

Just hand wrote all my information on a piece of white paper, said "I was not speeding and I am not guilty" and requested for my trial by written declaration.

Hopefully it works

[NismoV35]

Originally Posted by Klumzyee

another thing u guys can do... like if your going to vegas or something and get caught.. when the officer is issuing u a speeding ticket ask for the court to be in YOUR county and fight the ticket.. most likely the cop will not show up.. (theres a term for this i forgot it tho..) BUT be ready tho when you do ask that the cop will give you a hard time for it and might not even give it to you but by law they have to so just tell the court if they do not.

It's Called "Change Of Venue"

[SoCalTed]

Originally Posted by Silverbolt

Unfortunately for me... he cited me with 22349(a).

On the ticket, there are three boxes under the violation part that describes the speeds.

In order, it says:
Speed Approx. = 60
P.F./Max Spd. = 65
Veh Lmt. = (he left it blank)

Silverbolt...22349a

(a) Except as provided in Section 22356{*}, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour

*vc22356: except for areas posted at 70mph

your speed was 60, right? The max speed was 65, right? By his own documentation, you were not speeding, but joining traffic at 60mph.. which in your estimation was a safe speed to do so. Since the officer did not use a calculated device to confirm your speed, and his estimation puts you within the legal speed limit, and you were not cited for 22350 (which could get you for going too SLOW), there is no case or cause for you to be deemed guilty.

Declare NOT GUILTY and get this off your record. Make sure to get some pics of the area... signs leading up to the ticket, where he lit you up, and where you pulled over. Put these pics on a paper, in chrono order. Then provide a map with arrows showing where each picture was taken in correlation to the others.

Cheers, Ted

VC 22349: http://www.dmv.ca.gov/pubs/vctop/d11/vc22349.htm
VC 22356: http://www.dmv.ca.gov/pubs/vctop/d11/vc22356.htm
VC 22350: http://www.dmv.ca.gov/pubs/vctop/d11/vc22350.htm

[Silverbolt]

Originally Posted by SoCalTed

Silverbolt...22349a

(a) Except as provided in Section 22356{*}, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour

*vc22356: except for areas posted at 70mph

your speed was 60, right? The max speed was 65, right? By his own documentation, you were not speeding, but joining traffic at 60mph.. which in your estimation was a safe speed to do so. Since the officer did not use a calculated device to confirm your speed, and his estimation puts you within the legal speed limit, and you were not cited for 22350 (which could get you for going too SLOW), there is no case or cause for you to be deemed guilty.

Declare NOT GUILTY and get this off your record. Make sure to get some pics of the area... signs leading up to the ticket, where he lit you up, and where you pulled over. Put these pics on a paper, in chrono order. Then provide a map with arrows showing where each picture was taken in correlation to the others.

Cheers, Ted

VC 22349: http://www.dmv.ca.gov/pubs/vctop/d11/vc22349.htm
VC 22356: http://www.dmv.ca.gov/pubs/vctop/d11/vc22356.htm
VC 22350: http://www.dmv.ca.gov/pubs/vctop/d11/vc22350.htm

Ted... All I gotta say is... I love you, man

[sternroolz]

Originally Posted by E_K

You guys got me curious, so I looked back at the original ticket. I was cited for 22349(a): exceeding 65 MPH, maximum speed limit, wet roadway conditions. Speed approx: 80.

Which was also silly, since it wasn't raining, and the freeways were dry from all the car engines running on them. It was an overcast morning, but that does not equal a wet road.

They have stock statements they put in tickets, reports, etc in order to justify their stop, detention, arrest, etc.

For instance, I have never seen a DUI arrest report that does not state that the officer observes the smell of alcohol on the persons breath, observes slurred speach and wattery/bloodshot eyes. Every single one. And I have reviewed at least 500. How can these elements be present in every single case? How do people who have just been drinking not know to chew some gum or take a breath mint? Are these elements present if the detainee has .07% BAC, .30% BAC, .15% BAC? Of course many of these reports are pure bull-crap and the officer is just using "stock" statements in order to justify why he starts a FST on the arrestee.

So this idea of a wet road is simply the way the officer was writting his tickets all night and a way of making the reason for stopping you a little stronger.

[SoCalTed]

^^Yup...that's why I always suggest to print out the weather.com or CNN weather page for that zip code as soon as you get home. Shows precipitation, humidity and temp. Taking pixes immediately will also show the lack of moisture, fog, pedestrians or the state of traffic.

Sometimes police are just trolling because of the ride. They don't like to admit when they are wrong, so I have noticed that some tickets have "loop-holes" built into them if they really didn't mean to give you the ticket.

Other times the officer is just not paying attention to details and his afternoon speed trapeze work is getting old and redundant.

-Ted