Defaulting the Prosecutor about Speeding Tickets

[Joshuaadude]

Hello I'm new to this forum and I am glad I found this place. I have a situation on my hands that I'm sure many of you may have been through, so I am hoping I can get some advice from you guys to help me along. I did a little searching earlier to find some similar threads and I got a lot of great advice, but I also need some clarificiation.

So here's the situation:

I'm 18 years old and I drive a 350ZR. I was going at about 80 down the 210 East in Pasadena on the far left lane. I was visiting my girlfriend who lived a far ways out, and I was on the road at around 3 in the morning. My gps beeped to inform me that I should get ready to take the off ramp off the freeway, and I noticed that there was a car on my right and was rather close to my tail. I sped up, merged lanes, and when I was easing back and getting ready to take the off ramp, the car that was to my right turned out to be a cop and he pulled me over. He cited me for breaking the speed limit and clocked me at 90. There were very few cars present on the road, and I do not see how I did anything wrong. I was not driving recklessly and I am sure that drivers are given some disrection for speeding up to merge lanes. In any case, its my word against the cop's, but I would appreciate some opinions on the matter.

I wrote to the judge a few days ago requesting that I have a change in the county seat to a location closer to where I reside. I am due in court in Pasadena, but I live in Irvine. I requested a place like Long Beach.

In any case, I read in a previous thread that scooterdog proposed to file declaration of status, affidavit of truth, and default the prosecutor. I would like to do that, but how do I go about getting the papers? Are these forms something I have to compose myself, or do I pick up copies at a court office somewhere?

 

[CdwJava]

I'm 18 years old and I drive a 350ZR. I was going at about 80 down the 210 East in Pasadena on the far left lane.

So ... you were already speeding? I am not sure of the limit there, but you were either 10 or 15 MPH over the limit, I imagine.

There were very few cars present on the road, and I do not see how I did anything wrong. I was not driving recklessly and I am sure that drivers are given some disrection for speeding up to merge lanes.

And you would be wrong. The California Vehicle Code does NOT allow for someone to accelerate to a passing speed. The officer had already cut you a break by not stopping you when you were doing 80 MPH. Apparently when you hit 90 he decided that was TOO fast.

I wrote to the judge a few days ago requesting that I have a change in the county seat to a location closer to where I reside. I am due in court in Pasadena, but I live in Irvine. I requested a place like Long Beach.

The court does no have to grant your request for a change of court venue. But, I hear through others that Orange County has a habit of doing that, so you may stand a chance.

In any case, I read in a previous thread that scooterdog proposed to file declaration of status, affidavit of truth, and default the prosecutor.

Uh ... there is a reason he's been banned. That kind of thing is just one of the reasons - it's bogus.

There are other ways to challenge a speeding ticket - though they are not always easy defenses to mount. What was the specific charge you were cited for?

- Carl

 

[Joshuaadude]

california freeways are normally set at the 65 speed limit, and the california vehicle code states that if a driver goes above 15 mph above the speed limit, then the driver has commited a misdemeanor. im on the road a lot because i drive from la to irvine at least twice a week, and many drivers drive at 80 (and sometimes more) without aggravating any cops.

i recieved a letter from the court and my case was transferred to the metropolitan courthouse on hill.

and what other defenses could I use then? I will update this thread again once i get the citation number.

 

[CdwJava]

california freeways are normally set at the 65 speed limit, and the california vehicle code states that if a driver goes above 15 mph above the speed limit, then the driver has commited a misdemeanor.

No, the CVC does not say that. Where did you get this idea?

and what other defenses could I use then?

That depends. What section were you cited for (code numbers, please)?

- Carl

 

[Joshuaadude]

im sorry for the delay cdwjava. the citation is 22349(a) v.c. for speeding.

and as for the misdemeanor issue, that applies only to commerical cars. i didnt read it in detail the first time around, so i stand corrected.

 

[CdwJava]

Where does CVC 22349 become a misdemeanor for commercial vehicles? I think you are confusing the point value issues with the classification of the offense.

In any event, 22349(a) can be tougher to defend against than 22350. Among the possibilities is to challenge the reliability of the method used to measure your speed (be it speedometer, radar, lidar, or visual estimation), his visibility of your car, etc. Sometimes you can do this with diagrams of the location and distances traveled, other times it can be successful due to glaring problems with calibration of devices. There are numerous books and web sites that can help you craft a defense of some kind, but you have to be careful because many of these sites may lead you down a primrose path. Any defense you DO try will take a good deal of effort on your part.

- carl

 

[Joshuaadude]

I can get all the equipment information on the officer if I request it with the court right?

 

[CdwJava]

I can get all the equipment information on the officer if I request it with the court right?

There are specific procedures to requesting discovery. If you search for the terms on Google you can find some more information on the subject.

- Carl

 

[lwpat]

You can go to the library and get a copy of David Browns book on CA tickets or order it online. It has all the forms and info you need.

 

[Joshuaadude]

okay thanks guys, i'll take a look and let you guys know.

 

[triplesec]

I suspect you're unlikely to win this one from experience. I'd take traffic school if they let you. Be nice and dress well!