My question involves a traffic ticket from the state of: California. I am looking for feedback on my draft of the letter that I plan to send for a trial by declaration that contests the ticket. Should I use a different defense other than "I was passing"? If not, are there other parts of the CVC that would help me strengthen my current defense? If it helps, the ticket says I was doing 72 in a 55 on CA State Route 166 (two lane road).
Here is my current draft:
I respectfully submit this written declaration to the Court pursuant to CVC 40902. I plead Not Guilty to the charge of violating CVC 22349(b).
The facts of my case are as follows: when the officer came into my view, I had recently passed another car. This car was going under the speed limit (their speed was fluctuating between 45-50 mph, and several other cars were also stuck behind them following me) given that the posted speed limit was 55 mph. I determined their speed by pacing them since I was stuck behind them for several minutes before I came to a passing zone. Once I was in the passing zone, I checked for oncoming traffic, saw that there was none, increased the speed of my vehicle, and passed the other car. So, the reason for my increased speed was because I had sped up to pass another car once I came to a marked passing zone and it was safe to do so. Soon after passing, I was stopped by the CHP Officer whose I.D. number is #### and charged with violating CVC 22349(b).
CVC 21751 states: “On a two-lane highway, no vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless the left side is clearly visible and free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction.” I do not think it is fair to convict me for passing another vehicle given that I did so safely and in a marked passing zone.
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.”
Where I was stopped, State Route 166 is a well-maintained highway, and is quite safe to travel on at a speed slightly above the posted limit given that the weather was favorable (clear, sunny, and dry) and traffic was very light at the time of my stop. Since I safely passed the slow vehicle in front of me, I contest that my speed in excess of the posted limit was necessary, reasonable, and prudent pursuant to the Basic Speed Law.
Section (b) of Speed Law Violations, CVC 22351, states: “The speed of any vehicle upon a highway in excess of the prima facie speed limits…or established as authorized in this code (includes the 65 mph max speed limit) is prima facie unlawful unless the defendant establishes by competent evidence that the speed in excess of said limits did not constitute a violation of the basic speed law at the time, place, and under the conditions then existing.”
The favorable road and weather conditions existing at the time and place of my stop combined with my safe passing of the car that I was stuck behind, made the speed I was traveling at the time of my stop Safe and Reasonable for conditions. As such, I know that I was not in violation of the basic speed law at the time and place of my citation and, pursuant to CVC 22351(b), contest that my speed at the time of my traffic stop was therefore not per se unlawful.
I trust in the Court’s fairness in this matter and believe that my citation should be dismissed in the interest of justice.
If the court does not find in my favor in this case, I request a Trial de Novo.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Here is my current draft:
I respectfully submit this written declaration to the Court pursuant to CVC 40902. I plead Not Guilty to the charge of violating CVC 22349(b).
The facts of my case are as follows: when the officer came into my view, I had recently passed another car. This car was going under the speed limit (their speed was fluctuating between 45-50 mph, and several other cars were also stuck behind them following me) given that the posted speed limit was 55 mph. I determined their speed by pacing them since I was stuck behind them for several minutes before I came to a passing zone. Once I was in the passing zone, I checked for oncoming traffic, saw that there was none, increased the speed of my vehicle, and passed the other car. So, the reason for my increased speed was because I had sped up to pass another car once I came to a marked passing zone and it was safe to do so. Soon after passing, I was stopped by the CHP Officer whose I.D. number is #### and charged with violating CVC 22349(b).
CVC 21751 states: “On a two-lane highway, no vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless the left side is clearly visible and free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction.” I do not think it is fair to convict me for passing another vehicle given that I did so safely and in a marked passing zone.
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.”
Where I was stopped, State Route 166 is a well-maintained highway, and is quite safe to travel on at a speed slightly above the posted limit given that the weather was favorable (clear, sunny, and dry) and traffic was very light at the time of my stop. Since I safely passed the slow vehicle in front of me, I contest that my speed in excess of the posted limit was necessary, reasonable, and prudent pursuant to the Basic Speed Law.
Section (b) of Speed Law Violations, CVC 22351, states: “The speed of any vehicle upon a highway in excess of the prima facie speed limits…or established as authorized in this code (includes the 65 mph max speed limit) is prima facie unlawful unless the defendant establishes by competent evidence that the speed in excess of said limits did not constitute a violation of the basic speed law at the time, place, and under the conditions then existing.”
The favorable road and weather conditions existing at the time and place of my stop combined with my safe passing of the car that I was stuck behind, made the speed I was traveling at the time of my stop Safe and Reasonable for conditions. As such, I know that I was not in violation of the basic speed law at the time and place of my citation and, pursuant to CVC 22351(b), contest that my speed at the time of my traffic stop was therefore not per se unlawful.
I trust in the Court’s fairness in this matter and believe that my citation should be dismissed in the interest of justice.
If the court does not find in my favor in this case, I request a Trial de Novo.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Speeding Tickets: Trial by Declaration Defense for Violating CVC 22349(B)
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