My question involves a traffic ticket from the state of: California
Hi everyone, I am in the middle of fighting a ticket I got for passing a school bus with lights/signal flashing, and for the Basic Speed law. I have already submitted a discovery for the cop's camera footage and his notes. Btw, he didn't take any note, or at least that is how it appears because there were none on his copy of the ticket, and they didn't give me any audio recorded notice even though I asked for all of these things in the discovery. There are several times were I reference media evidence using the camera footage and audio recordings in this TDB, but I won't upload them for the time being.
If any of you have the time to spare, I would be very appreciative if you could look over my TBD letter and give me some advice for changes or opinions on how strong or week you think my case is. Thank you very much!
STATEMENT OF FACTS
Defendant’s Name: ME
Case No.: [INSERT CASE NO HERE]
I respectfully submit this written declaration to the Court pursuant to CVC 22454 (a) and CVC 22350. I plead Not Guilty to the charges of violating CVC 22454 (a) and CVC 22350.
The facts of my case are as follows: While driving northbound on Laguna Canyon Road on [Insert Date] at [Insert Time], I was stopped by an LBPD Officer M.Gregg [Insert Serial Number]. Officer Gregg has alleged that I passed a school bus with flashing lights and stop sign extended, and that I was looking down at my GPS map at the time, and therefore traveling faster than what was reasonably prudent, which Gregg claims was 0 mph.
I was proceeding up the road (north) following a red Honda Element, the bus’s lights begin flashing just before the Honda Element passes it, however there is still no stop sign extended, nor is anyone getting on the bus. Officer Gregg was approaching southbound on his motorcycle, and before I passed the school bus I see Officer Gregg making a U-turn into my lane, while he’s looking right at me, making eye contact with me. I was not sure what that meant, so I simply take my foot off the gas, continue approaching while watching Officer Gregg to see what he does. Officer Greg pulls over to the shoulder, off the road, and I pass him after he had already pulled over to the shoulder. At that moment Officer Gregg gets behind me and pulls me over.
VC 22454 (a) States: The driver of any vehicle, upon meeting or overtaking, from either direction, any schoolbus equipped with signs as required in this code, that is stopped for the purpose of loading or unloading any schoolchildren and displays a flashing red light signal and stop signal arm, as defined in paragraph (4) of subdivision (b) of Section 25257, if equipped with a stop signal arm, visible from front or rear, shall bring the vehicle to a stop immediately before passing the schoolbus and shall not proceed past the schoolbus until the flashing red light signal and stop signal arm, if equipped with a stop signal arm, cease operation.
In order to have violated VC 22454 (a) I would have had to have a bus with both its lights flashing and its extendable stop sign extended. By the time I passed the bus, it did not have its stop sign extended, and therefore I could not have violated VC 22454 (a).
Enclosed with this document is a DVD that includes the video file from Officer Gregg’s Motorcycle camera recording, and at 0:58 to 1:03 you can see the bus with no stop sign extended as I come around the corner and overtake it. Attached to this document are still frames taken from Officer Gregg’s Police motorcycle camera’s video footage during the time of the incident that clearly show the bus without its stop sign extended as my van overtakes it.
Regarding Officer Gregg’s assertion that I violated VC 22350:
The Basic Speed Law, CVC 22350 states: No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of the highway, and in no event at a speed which endangers the safety of persons or property.
Officer Gregg claims the reason for citing me with CVC 22350 is that at the time of the incident, I was allegedly going 45mph and looking down at my GPS map, and that the reasonable speed when looking down away from the road is 0 mph, and thus any speed over 0 mph is in violation of CVC 22350. The claim that I was looking down at a GPS device is completely wrong, and completely unfounded. Officer Gregg is basing this unfounded assertion on nothing more than a question I asked him when he pulled me over. Enclosed with this document is a DVD that includes the Video and Audio from Officer Gregg’s Motorcycle camera and microphone on his person that has our conversation recorded. Please refer to this recording at the given time stamps notated for the following exchange:
[2:23] - Soon after officer Gregg pulled me over, he asked me “Do you know why I pulled you over?”
[2:25] I responded with “Uhhhm, you thought I was on my phone?” The reason I asked this was because at the time I was pulled over, I was holding my GPS device in my right hand, and I figured Officer Gregg must have pulled me over because he might have saw something that have looked like a phone in my hand. I was never looking down at my GPS map, I was only holding it so I could hear the instructions clearer.
[2:28] – Officer Gregg admits that he never saw me looking at my phone when says “I don’t know if you were looking at your phone, I didn’t see that.” However he takes this simple question of an admission, when it was nothing more than a question.
[10:42] - Officer Gregg attempts to justify citing me with CVC 22350: “For the speed violation, it is considered unsafe speed when you are not looking at the road way. Alright, when you are looking down at your phone like this, not looking at the roadway, the safe speed is zero miles an hour, you have to be at a dead stop. Alright? The way that it is proven is the, uh, conditions of the roadway. You got a school bus right here, you got a police officer with its lights flashing, making a U-turn, you don’t see either one. I don’t think you saw me, honestly. Or am I wrong? Did you even see me?
[11:10] ME: “I saw you by the time you were beginning to turn around.”
[11:13] Officer Gregg: “Okay was I already turned around by the time you saw me?”
[11:15] ME: “No.”
[11:17] Officer Gregg: “Where was I at when you saw me?”
[11:18] ME: “Facing me”
[11:19] Officer Gregg: “Facing you, and you didn’t even notice my lights were on” Note: I did in fact notice his lights were on, however his siren was not on, and I was not aware I was supposed to stop with only lights flashing and no siren.
]11:23] ME: “I did, but I hadn’t past you at that point.”
[11:26] Officer Gregg: “Okay. Well, I’m guessing you didn’t, because you told me you didn’t notice me originally.” Note: at no point in the audio recording did I ever say that I didn’t notice him. Although, I was confused and rattled when he first pulled me over, and I simply didn’t answer him when he asked if I noticed him because the bus had no stop sign extended, and I didn’t know why he was making a U-turn in the first place.
Officer Gregg goes on to insist on the narrative that he made up is the reason I passed the school bus: I was looking at my phone and didn’t see him or the school bus. However, the school bus didn’t have a stop sign extended, and I was giving Officer Gregg on his motorcycle my attention when I saw him as he was about to turn into my lane. I never claimed I was looking down at my phone, I simply asked if he believed I was on my phone, and officer Gregg openly admitted that he didn’t see this. Therefore, Officer Gregg does not make a credible case that I was in violation of the Basic Speed Law, I am entitled to the presumption of innocence, and there is zero valid evidence that I did not see him or the bus.
I trust in the Court's fairness and ask that my citation be dismissed in the interest of justice.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: 6/1/16
ME, Defendant in Pro Per
Hi everyone, I am in the middle of fighting a ticket I got for passing a school bus with lights/signal flashing, and for the Basic Speed law. I have already submitted a discovery for the cop's camera footage and his notes. Btw, he didn't take any note, or at least that is how it appears because there were none on his copy of the ticket, and they didn't give me any audio recorded notice even though I asked for all of these things in the discovery. There are several times were I reference media evidence using the camera footage and audio recordings in this TDB, but I won't upload them for the time being.
If any of you have the time to spare, I would be very appreciative if you could look over my TBD letter and give me some advice for changes or opinions on how strong or week you think my case is. Thank you very much!
STATEMENT OF FACTS
Defendant’s Name: ME
Case No.: [INSERT CASE NO HERE]
I respectfully submit this written declaration to the Court pursuant to CVC 22454 (a) and CVC 22350. I plead Not Guilty to the charges of violating CVC 22454 (a) and CVC 22350.
The facts of my case are as follows: While driving northbound on Laguna Canyon Road on [Insert Date] at [Insert Time], I was stopped by an LBPD Officer M.Gregg [Insert Serial Number]. Officer Gregg has alleged that I passed a school bus with flashing lights and stop sign extended, and that I was looking down at my GPS map at the time, and therefore traveling faster than what was reasonably prudent, which Gregg claims was 0 mph.
I was proceeding up the road (north) following a red Honda Element, the bus’s lights begin flashing just before the Honda Element passes it, however there is still no stop sign extended, nor is anyone getting on the bus. Officer Gregg was approaching southbound on his motorcycle, and before I passed the school bus I see Officer Gregg making a U-turn into my lane, while he’s looking right at me, making eye contact with me. I was not sure what that meant, so I simply take my foot off the gas, continue approaching while watching Officer Gregg to see what he does. Officer Greg pulls over to the shoulder, off the road, and I pass him after he had already pulled over to the shoulder. At that moment Officer Gregg gets behind me and pulls me over.
VC 22454 (a) States: The driver of any vehicle, upon meeting or overtaking, from either direction, any schoolbus equipped with signs as required in this code, that is stopped for the purpose of loading or unloading any schoolchildren and displays a flashing red light signal and stop signal arm, as defined in paragraph (4) of subdivision (b) of Section 25257, if equipped with a stop signal arm, visible from front or rear, shall bring the vehicle to a stop immediately before passing the schoolbus and shall not proceed past the schoolbus until the flashing red light signal and stop signal arm, if equipped with a stop signal arm, cease operation.
In order to have violated VC 22454 (a) I would have had to have a bus with both its lights flashing and its extendable stop sign extended. By the time I passed the bus, it did not have its stop sign extended, and therefore I could not have violated VC 22454 (a).
Enclosed with this document is a DVD that includes the video file from Officer Gregg’s Motorcycle camera recording, and at 0:58 to 1:03 you can see the bus with no stop sign extended as I come around the corner and overtake it. Attached to this document are still frames taken from Officer Gregg’s Police motorcycle camera’s video footage during the time of the incident that clearly show the bus without its stop sign extended as my van overtakes it.
Regarding Officer Gregg’s assertion that I violated VC 22350:
The Basic Speed Law, CVC 22350 states: No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of the highway, and in no event at a speed which endangers the safety of persons or property.
Officer Gregg claims the reason for citing me with CVC 22350 is that at the time of the incident, I was allegedly going 45mph and looking down at my GPS map, and that the reasonable speed when looking down away from the road is 0 mph, and thus any speed over 0 mph is in violation of CVC 22350. The claim that I was looking down at a GPS device is completely wrong, and completely unfounded. Officer Gregg is basing this unfounded assertion on nothing more than a question I asked him when he pulled me over. Enclosed with this document is a DVD that includes the Video and Audio from Officer Gregg’s Motorcycle camera and microphone on his person that has our conversation recorded. Please refer to this recording at the given time stamps notated for the following exchange:
[2:23] - Soon after officer Gregg pulled me over, he asked me “Do you know why I pulled you over?”
[2:25] I responded with “Uhhhm, you thought I was on my phone?” The reason I asked this was because at the time I was pulled over, I was holding my GPS device in my right hand, and I figured Officer Gregg must have pulled me over because he might have saw something that have looked like a phone in my hand. I was never looking down at my GPS map, I was only holding it so I could hear the instructions clearer.
[2:28] – Officer Gregg admits that he never saw me looking at my phone when says “I don’t know if you were looking at your phone, I didn’t see that.” However he takes this simple question of an admission, when it was nothing more than a question.
[10:42] - Officer Gregg attempts to justify citing me with CVC 22350: “For the speed violation, it is considered unsafe speed when you are not looking at the road way. Alright, when you are looking down at your phone like this, not looking at the roadway, the safe speed is zero miles an hour, you have to be at a dead stop. Alright? The way that it is proven is the, uh, conditions of the roadway. You got a school bus right here, you got a police officer with its lights flashing, making a U-turn, you don’t see either one. I don’t think you saw me, honestly. Or am I wrong? Did you even see me?
[11:10] ME: “I saw you by the time you were beginning to turn around.”
[11:13] Officer Gregg: “Okay was I already turned around by the time you saw me?”
[11:15] ME: “No.”
[11:17] Officer Gregg: “Where was I at when you saw me?”
[11:18] ME: “Facing me”
[11:19] Officer Gregg: “Facing you, and you didn’t even notice my lights were on” Note: I did in fact notice his lights were on, however his siren was not on, and I was not aware I was supposed to stop with only lights flashing and no siren.
]11:23] ME: “I did, but I hadn’t past you at that point.”
[11:26] Officer Gregg: “Okay. Well, I’m guessing you didn’t, because you told me you didn’t notice me originally.” Note: at no point in the audio recording did I ever say that I didn’t notice him. Although, I was confused and rattled when he first pulled me over, and I simply didn’t answer him when he asked if I noticed him because the bus had no stop sign extended, and I didn’t know why he was making a U-turn in the first place.
Officer Gregg goes on to insist on the narrative that he made up is the reason I passed the school bus: I was looking at my phone and didn’t see him or the school bus. However, the school bus didn’t have a stop sign extended, and I was giving Officer Gregg on his motorcycle my attention when I saw him as he was about to turn into my lane. I never claimed I was looking down at my phone, I simply asked if he believed I was on my phone, and officer Gregg openly admitted that he didn’t see this. Therefore, Officer Gregg does not make a credible case that I was in violation of the Basic Speed Law, I am entitled to the presumption of innocence, and there is zero valid evidence that I did not see him or the bus.
I trust in the Court's fairness and ask that my citation be dismissed in the interest of justice.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: 6/1/16
ME, Defendant in Pro Per
Passing a School Bus: Critique My TBD for Passing a School Bus + Basic Speed Law Citation
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