What up everyone.
Just thought I'd share a success story with everyone in hopes that it will help them down the road later.
(Just seems like the cops out there are cracking down and pullin people over more often than usual)

Originally, i got pulled over and cited for a ticket back in 03/26/2006.
I was going 65 in a 65 but the "SPEED EXPERT" officer said i was going 82.
No radar reading. Just the wrong place and wrong time for me i guess.
I went online to get an extension for my court appearance/last action.
The new trial date was postponed to 07/24/2006
A week before 7/24, i mailed in my trial-by-declaration.
(When doing this i had to post the bail amount of $229)
A few weeks later i found out that i had been found GUILTY.
(Funny part is there was ABSOLUTELY NO EXPLANATION as to why)
Immediately i mailed in a request for a new trial. (trial de novo)
This had to be done within 20 days of the court mailing out the GUILTY notice.
I was granted a new trial and the date was set for 10/16/2006.
I went to court today, and after noticed the officer who cited me wasn't there.
My name was called up and i approached the honorable judge.

JUDGE: Andrew Hong, seeing that the citing officer is not present, case is DISMISSED and bail will be returned to you within the next 8 weeks.
DRU: Thank you, your honor. *Tiger Gooks pump as i walk away*

So in a span of almost 7 months, i went from...
1. Receiving a frivolous speeding ticket (i WAS NOT speeding).
2. Found GUILTY after mailing in my Trial By Declaration
3. Case DISMISSED after requesting for a Trial De Novo because of the cop no-show.

Had he shown up, my one and only plan of attack was to get the officer to admit that he had used his patrol car's speedometer to gage how fast i was going (in relation to his own speed)

Had he admitted to that, i would have requested to see records of the speedometer being calibrated within the past 90 days of 3/26/2006.
CHP Equipment Maintenance Chapter 3C states that a patrol car's speedometer must be calibrated once every 90 days or 30,000 miles, whichever occurs first.
Without that documentation, the officer would have just admitted to using equipment that HAD NOT been routinely calibrated (like radars or breathalizers need to be) and is grounds for the case to be dismissed.

Regardless, the cop being a no show made it short and sweet.
I was back on the road rippin up asphalt right after.

Hope this helps anyone that's going thru the process or gets a speeding ticket down the road.
Was the 7 month battle + using a vacation day worth the outcome?
To me, yes. 1 less point on my record and i get my money back.
Yes, i won and that's why it's worth it.
But even if i had lost, hey.. at least i tried, right?

Be safe everyone.
Have fun but watch out for the road ****'s...
Keep a watchful eye on that rearview mirror.
They're out there and they're gunnin for us.

That is all,
DRU

 

Wow....that's some interesting info. I heard/read somewhere that if you keep extending your trial date.....that eventually the officer will just forget/or give up. That's good to know. Thanks Dru!

 

congrats on getting the ticket dismissed. part of me wishes i had fought mine rather than just opting for traffic school. thanks for the info

 

I have always heard that postponing your trial date will dismiss your citation but I never knew that it really worked. Thanks for the info.

 

Congrats. I've had success as well fighting tickets. Like ticketassassin says, if everyone fights their ticket, the system will collapse.

So what would you have said if the cop did show up and did produce records of the speedometer being recently calibrated?

 

^^^ I guess I'm guilty!? LOL! J/K!

Congrats Dru well worth the effort....so when are you buying dinner since you will be getting some $$$ back? LOL!

 

LOL, Congrats!

 

At that point, it becomes my word vs his and since he's a "SPEED EXPERT", i would lose.

I would have asked the honorable judge if he would grant me Second-Offense Traffic School to get rid of the point at least.
He would have most likely obliged being that it's just more money for the state.

Bottom line, it's over and i won.
That's all that matters.

*Tiger pumps*

 

That's going straight into the tracking/golfing funds.
Gotta save up for Laguna Seca 2007.

YEAYUH!!!

 

Nice. I've done the "request the discovery at the very last minute" thing too. It worked. I received the discovery the day after the trial date. But I didn't have to use it as the officer didn't show.

 

Yes. I've heard about asking for another extension of the arraignment because of unusual, but plausible, circumstances with regards to supporting documents/evidence. They sometimes grant that for new discoveries that were recently made.

However, it's TOTALLY at the discretion of the honorable judge. He can allow for it if he feels like it, and deny it if he doesn't want to. The chances of the honorable judge allowing that to happen, though, are excruciatingly slim.

It better be a VERY good reason you want another extension.
That's like a last resort if the cop shows up.

 

I just wanted to know if there was any strategy left if he did produce documentation. My cases haven't gone that far.

Can we legally request the police report from the ticket before the trial?

 

i'm sure there's a [cumbersome and time consuming] process in acquiring the police report as well as notes on the Guilty verdict reached after a Trial by Declaration.

i was just too lazy to find out what to do and how to get it.

i'm just really glad this frivolous speeding ticket won't be sticking with me.

this past week tho, i've counted more than 20 people gettin pulled over.
it's ridiculous.
my buddy was tellin me he saw 2 people getting pulled over not within 50 feet of each other.

they're out there... gunnin...
camping out in driveways with lasers now.

keep it down fellas.
this coming from ME of all people.

-DRU

 

meechin, could you take a look at my thread an tell me what you think?!?!?

https://g35driver.com/forums/g35-coupe-v35-2003-07/118554-watch-out-po-po-s-end-month.html

thanks in advance

 

i have a court date of 10/25