My question involves a traffic ticket from the state of: California
Hi, I wanted to post on this forum about my experience fighting my ticket - I won, and my story might help some people. I wrote a book (on Amazon) about how I did it but I want to share here too.
I was cited for 22356(b) - allegedly doing 86 mph on the freeway. First thing I did was research how lidar devices work. Check out "The Lowdown On Lidar" by Josh Bloch which is very critical of the technology, particularly with regard to how law enforcement actually use it. I obtained a copy of the CHP's lidar operating training manual and a copy of the manual for a particular model of lidar device, and it was clear that, at least in my situation, the officer who cited me completely ignored CHP procedure.
I extended the deadline to respond. Then I did a trial by written declaration. I wrote up everything I had found out and applied it to my ticket, but I still lost. :-(
Then I did a trial de novo. I requested a new judge as the person they assigned me too initially wasn't actually a judge and happened to be the person who ruled against me in the trial by written declaration. The new judge set a court date.
Then I requested discovery from the DA. They were not very polite. :-( Went to court, explained I requested discovery but didn't get it; the judge denied motion to dismiss but gave me a new date.
Requested discovery from the DA again, they were not polite (again) but noted that they weren't going to be calling the officer as a witness, which I thought was a little odd. Also requested discovery from the CHP. They did provide me with a limited amount of info but they sent it the court instead of my house, presumably by mistake! I didn't know about this until the day before my trial. I immediately called them to get more info but no one called me back.
On trial day, I arrived ready to argue that the speed measurement had been obtained without any regard for CHP procedure. The officer no-showed (not sure if the DA told him not to appear) so I won. :-)
Hope this helps some people! :-)
Hi, I wanted to post on this forum about my experience fighting my ticket - I won, and my story might help some people. I wrote a book (on Amazon) about how I did it but I want to share here too.
I was cited for 22356(b) - allegedly doing 86 mph on the freeway. First thing I did was research how lidar devices work. Check out "The Lowdown On Lidar" by Josh Bloch which is very critical of the technology, particularly with regard to how law enforcement actually use it. I obtained a copy of the CHP's lidar operating training manual and a copy of the manual for a particular model of lidar device, and it was clear that, at least in my situation, the officer who cited me completely ignored CHP procedure.
I extended the deadline to respond. Then I did a trial by written declaration. I wrote up everything I had found out and applied it to my ticket, but I still lost. :-(
Then I did a trial de novo. I requested a new judge as the person they assigned me too initially wasn't actually a judge and happened to be the person who ruled against me in the trial by written declaration. The new judge set a court date.
Then I requested discovery from the DA. They were not very polite. :-( Went to court, explained I requested discovery but didn't get it; the judge denied motion to dismiss but gave me a new date.
Requested discovery from the DA again, they were not polite (again) but noted that they weren't going to be calling the officer as a witness, which I thought was a little odd. Also requested discovery from the CHP. They did provide me with a limited amount of info but they sent it the court instead of my house, presumably by mistake! I didn't know about this until the day before my trial. I immediately called them to get more info but no one called me back.
On trial day, I arrived ready to argue that the speed measurement had been obtained without any regard for CHP procedure. The officer no-showed (not sure if the DA told him not to appear) so I won. :-)
Hope this helps some people! :-)
Speeding Tickets: How I Beat My California Speeding Ticket
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