My question involves a traffic ticket from the state of: California
Sorry to posting my question again but this is a shorter version
I was cited on 1/25/2017 for violating 22350CV. Officer used Speed Pace method and cited me for going 50 mph in a 40 mph zone.
Please help and thanks for any advice you can provide.
Details:
Morning time 8 am, Weather: Clear, so excellent visibility
Road was dry and not wet. It is a straight road and no curves or turns where incident occured. There were no pedestrians on the road or even on sidewalk.
This is a 2 lane road. Traffic conditions were Light to medium (officer put CDM in the ticket). There were no cars ahead of my car.
This is my first traffic ticket in 23 years and I usually drive very carefully.
After having read various advice on the web, I'm planning to contest the ticket as not-guilty and use the Trial by Declaration option to start with. I am ultimately looking for Trial do Novo, so have only put in the following line within the 'Statement of Facts' region of TR205 declaration
"I am not guilty of the charges filed against me and have found no evidence by the state that supports the finding of guilt. I stand by my plea of not guilty"
For Trial do Novo later, I do not plan to use speed trap, but just the following facts:
Clear weather, good visibility, dry road, wide 2 lane road, no pedestrians and no cars ahead of me - based on which I was not putting anybody's life in danger or in danger of damaging any property.
Questions:
1. Would you agree that using Trial by declaration to contest the ticket is the right approach for me, as a starting point
2. Would you agree that not putting ALL details in statement of facts and getting photos or diagrams etc is the right approach for TR205. My intent is just to hope that citing officer does not provide her declaration, or if she does and I lose, then ask for a trial do Novo later.
3. How can I get officer's citation log/notes, radio log, or even recording. Can this be helpful.
4. Is there any way to request for a Trial do Novo date in May or after 4/24, as I will be out of country. Also would it be advantageous if I ask for a Night court & request for a court that is farther away from Fremont/Hayward. Is there any way to make such a request when using TBD method
Thanks again!
Sorry to posting my question again but this is a shorter version
I was cited on 1/25/2017 for violating 22350CV. Officer used Speed Pace method and cited me for going 50 mph in a 40 mph zone.
Please help and thanks for any advice you can provide.
Details:
Morning time 8 am, Weather: Clear, so excellent visibility
Road was dry and not wet. It is a straight road and no curves or turns where incident occured. There were no pedestrians on the road or even on sidewalk.
This is a 2 lane road. Traffic conditions were Light to medium (officer put CDM in the ticket). There were no cars ahead of my car.
This is my first traffic ticket in 23 years and I usually drive very carefully.
After having read various advice on the web, I'm planning to contest the ticket as not-guilty and use the Trial by Declaration option to start with. I am ultimately looking for Trial do Novo, so have only put in the following line within the 'Statement of Facts' region of TR205 declaration
"I am not guilty of the charges filed against me and have found no evidence by the state that supports the finding of guilt. I stand by my plea of not guilty"
For Trial do Novo later, I do not plan to use speed trap, but just the following facts:
Clear weather, good visibility, dry road, wide 2 lane road, no pedestrians and no cars ahead of me - based on which I was not putting anybody's life in danger or in danger of damaging any property.
Questions:
1. Would you agree that using Trial by declaration to contest the ticket is the right approach for me, as a starting point
2. Would you agree that not putting ALL details in statement of facts and getting photos or diagrams etc is the right approach for TR205. My intent is just to hope that citing officer does not provide her declaration, or if she does and I lose, then ask for a trial do Novo later.
3. How can I get officer's citation log/notes, radio log, or even recording. Can this be helpful.
4. Is there any way to request for a Trial do Novo date in May or after 4/24, as I will be out of country. Also would it be advantageous if I ask for a Night court & request for a court that is farther away from Fremont/Hayward. Is there any way to make such a request when using TBD method
Thanks again!
Speeding Tickets: Arguing That You Were Driving Safely As a Defense to a Speeding Ticket, 22350 VC
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