My question involves a traffic ticket from the state of: CA
I have an arraignment tomorrow in which I plan to plead Not Guilty to a Speeding Violation 22350 (Endangerment). I'm hoping I can get some clarity on if I should take it all the way to trial or not.
Here are the facts on the ticket:
I was pulled over on my motorcycle by a motorcycle officer. The ticket says the infraction is "22350 VC SPEED", traffic conditions were medium, Road = dry, Speed Approx = 48, Radar = 42, Max Spd = 35, Safe = 35. The officer questioned me a lot at the time about how I accelerated away from a stop light out of sight almost 1/4 mi away. He said he thought I accelerated quickly based on how many gears he heard me go through.
Here is my own testimony at this point:
At the time, I wasn't trying to speed, and I felt like I was just accelerating normally. In fact, if I do the math, assuming 1/4 mi distance to get up to 42 mph, I was accelerating at a 0-60 mph in 27 sec. I really wasn't trying to go fast, a VW beatle is supposed to accelerate 0-60 mph in 6 sec... The next speed limit sign after I was pulled over reads 50 mph. I felt like the traffic was light. It was the middle of the day and there was no one in front of me on the road and a couple people behind me.
I imagine that tomorrow I can ask for the evidence against me (discovery) and supeona:
Weather conditions, Traffic and Engineering Survey, back side of ticket, officer's radar training records, calibration instrument: tuning fork, evidence for traffic, road conditions, and the posted speed limit.
So, my questions are:
1) What should I ask for at arraignment?
2) What should I supeona?
3) How can I enter the math I did on my acceleration into evidence?
4) Do you think the officer is claiming that I was driving unsafely because he radar'ed me at 42 mph or because he claims he thinks I accelerated too quickly?
5) What on a traffic and engineering survey can show that going 42 mph isn't unsafe?
6) If I read the ticket properly, he is indicating on the speeding ticket that the safe speed is 35. Does he still have to show: the weather was bad, poor visibility, another car had to swerve to avoid collision, pedestrian had to dive out of my way?, I came close to colliding with another object, my tires broke traction? Or is over 35 mph enough to claim unsafe, if backed up by a traffic and engineering survey?
7) On the ticket my vehicle is identified as a 2008. But it is actually a 2001. Can this mistake help in any way?
8) How can the officer justify an approximate speed of 48 mph and the radar actually be 42 mph?
9) If he is going to say that my speed was unsafe at 42 vs 35, does he have an easy case?
10) If he is going to say I was unsafe because of my acceleration, does he have an easy case?
11) How and when will I get the materials that I supeona? I would really like to know what the traffic and engineering survey says, especially considering the next speed limit sign says 50 mph which is above the radar and the approximate speeds I am assumed to be going.
12) Is there anything else I'm missing or should be thinking about?
Thanks for any and all help!
Mike
I have an arraignment tomorrow in which I plan to plead Not Guilty to a Speeding Violation 22350 (Endangerment). I'm hoping I can get some clarity on if I should take it all the way to trial or not.
Here are the facts on the ticket:
I was pulled over on my motorcycle by a motorcycle officer. The ticket says the infraction is "22350 VC SPEED", traffic conditions were medium, Road = dry, Speed Approx = 48, Radar = 42, Max Spd = 35, Safe = 35. The officer questioned me a lot at the time about how I accelerated away from a stop light out of sight almost 1/4 mi away. He said he thought I accelerated quickly based on how many gears he heard me go through.
Here is my own testimony at this point:
At the time, I wasn't trying to speed, and I felt like I was just accelerating normally. In fact, if I do the math, assuming 1/4 mi distance to get up to 42 mph, I was accelerating at a 0-60 mph in 27 sec. I really wasn't trying to go fast, a VW beatle is supposed to accelerate 0-60 mph in 6 sec... The next speed limit sign after I was pulled over reads 50 mph. I felt like the traffic was light. It was the middle of the day and there was no one in front of me on the road and a couple people behind me.
I imagine that tomorrow I can ask for the evidence against me (discovery) and supeona:
Weather conditions, Traffic and Engineering Survey, back side of ticket, officer's radar training records, calibration instrument: tuning fork, evidence for traffic, road conditions, and the posted speed limit.
So, my questions are:
1) What should I ask for at arraignment?
2) What should I supeona?
3) How can I enter the math I did on my acceleration into evidence?
4) Do you think the officer is claiming that I was driving unsafely because he radar'ed me at 42 mph or because he claims he thinks I accelerated too quickly?
5) What on a traffic and engineering survey can show that going 42 mph isn't unsafe?
6) If I read the ticket properly, he is indicating on the speeding ticket that the safe speed is 35. Does he still have to show: the weather was bad, poor visibility, another car had to swerve to avoid collision, pedestrian had to dive out of my way?, I came close to colliding with another object, my tires broke traction? Or is over 35 mph enough to claim unsafe, if backed up by a traffic and engineering survey?
7) On the ticket my vehicle is identified as a 2008. But it is actually a 2001. Can this mistake help in any way?
8) How can the officer justify an approximate speed of 48 mph and the radar actually be 42 mph?
9) If he is going to say that my speed was unsafe at 42 vs 35, does he have an easy case?
10) If he is going to say I was unsafe because of my acceleration, does he have an easy case?
11) How and when will I get the materials that I supeona? I would really like to know what the traffic and engineering survey says, especially considering the next speed limit sign says 50 mph which is above the radar and the approximate speeds I am assumed to be going.
12) Is there anything else I'm missing or should be thinking about?
Thanks for any and all help!
Mike
Speeding Tickets: 22350 Arraignment and Trial Questions About What is the State's Sufficient Evidence
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