I got this bogus ticket last September for speeding.
When the cop said "64" I actually replied "good eye,It's an early 1965 with a generat....",
"No you were doin' 64 in a 45mph zone", he interrupted.
After a protracted sobriety check & the running of my ID I was issued a citation for speeding since I think they couldn't get me on anything else.
After getting a couple of extensions I decided to try the Trial By Written Declaration route.And yesterday I received the results in the mail. NOT GUILTY !! I'm getting the $356.00 bail returned and no point on my record.
Before I get all self congratulatory, I'll admit I'm not sure if this did the trick or if the arresting officer simply didn't do his paperwork. Still you might find it interesting.
I would say for Californians this is only likely to work if cited with cvc22350 UNSAFE SPEED. You get a cvc22349 EXCEEDING POSTED MAXIMUM SPEED you're pretty much SOL.Here's what I wrote in my declaration.
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cvc22350 - Safe Speed not prima facia
The LA Times had reported law enforcement in Lake Elsinore and surrounding areas would be on "saturation patrol" .There was also a warning announcement at the bar where I was playing pool for those who might be DUI that there were a number of officers up and down Grand Ave and to proceed with caution.
As I left the Roadhouse Saloon and pulled onto Grand Ave I was passed on the right by two Asian sport coupes looking as though they were in the midst of racing each other. I maintained a safe speed but was tailgated by a vehicle to which I sped up slightly. This turned out to be CHP who then redlighted & claimed I was doing 64mph. Although this would qualify as safe in these conditions under CVC22350 I think the passing racers or the offenders getting ticketed on the other side of the road must have been the cause of their claimed radar reading. I was driving a 65 Mustang in need of a radiator and total restoration. I was going rather slow
The speed signs on Grand Ave , Lake St, and Ortega Hwy seem rather arbitrary 65mph on a blind left sweep at Lake . 45mph on one part of Grand yet 50mph on a narrower more poorly maintained section. A recipe ripe for law enforcement designed for revenue generation and not reasonable interpretation of traffic laws .
I drive at a comfortable and safe speed, and when riding motorcycles I ride within my ability. I always pay attention when driving or riding a motorcycle. I tend to stay ahead of traffic, I dont engage other drivers into road rage and racing. I do not get distracted with texting and cellphones when behind the wheel.
Cars & Motorcycles are my favorite passtime.I truly enjoy motoring and hope even with my unfortunate rash of violations in 2010 I can maintain my driving privileges.
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I'd say this is always worth a try. If you lose you can still get another regular trial in person.So its a legal second chance.Maybe the cop won't show. You never know
When the cop said "64" I actually replied "good eye,It's an early 1965 with a generat....",
"No you were doin' 64 in a 45mph zone", he interrupted.
After a protracted sobriety check & the running of my ID I was issued a citation for speeding since I think they couldn't get me on anything else.
After getting a couple of extensions I decided to try the Trial By Written Declaration route.And yesterday I received the results in the mail. NOT GUILTY !! I'm getting the $356.00 bail returned and no point on my record.
Before I get all self congratulatory, I'll admit I'm not sure if this did the trick or if the arresting officer simply didn't do his paperwork. Still you might find it interesting.
I would say for Californians this is only likely to work if cited with cvc22350 UNSAFE SPEED. You get a cvc22349 EXCEEDING POSTED MAXIMUM SPEED you're pretty much SOL.Here's what I wrote in my declaration.
----------------------------------------------------------------
cvc22350 - Safe Speed not prima facia
The LA Times had reported law enforcement in Lake Elsinore and surrounding areas would be on "saturation patrol" .There was also a warning announcement at the bar where I was playing pool for those who might be DUI that there were a number of officers up and down Grand Ave and to proceed with caution.
As I left the Roadhouse Saloon and pulled onto Grand Ave I was passed on the right by two Asian sport coupes looking as though they were in the midst of racing each other. I maintained a safe speed but was tailgated by a vehicle to which I sped up slightly. This turned out to be CHP who then redlighted & claimed I was doing 64mph. Although this would qualify as safe in these conditions under CVC22350 I think the passing racers or the offenders getting ticketed on the other side of the road must have been the cause of their claimed radar reading. I was driving a 65 Mustang in need of a radiator and total restoration. I was going rather slow
The speed signs on Grand Ave , Lake St, and Ortega Hwy seem rather arbitrary 65mph on a blind left sweep at Lake . 45mph on one part of Grand yet 50mph on a narrower more poorly maintained section. A recipe ripe for law enforcement designed for revenue generation and not reasonable interpretation of traffic laws .
I drive at a comfortable and safe speed, and when riding motorcycles I ride within my ability. I always pay attention when driving or riding a motorcycle. I tend to stay ahead of traffic, I dont engage other drivers into road rage and racing. I do not get distracted with texting and cellphones when behind the wheel.
Cars & Motorcycles are my favorite passtime.I truly enjoy motoring and hope even with my unfortunate rash of violations in 2010 I can maintain my driving privileges.
-------------------------------------------------------------
I'd say this is always worth a try. If you lose you can still get another regular trial in person.So its a legal second chance.Maybe the cop won't show. You never know