My question involves a traffic ticket from the state of: California
I have requested trial by written declaration and would appreciate some help on what I have written in my statement of facts, see below.
I was pulled over for going greater than 95mph in a 65mph zone. I know that I was not traveling over 95mph and believe that maybe the officer meant to pull over someone else and got me instead. I don't know how he judged my speed but I'm guessing radar since he was parked on the side of the road. Possible pacing because he followed behind me for a short but but not long enough to get an accurate paced read. Please see my statement below, any advice will be appreciated. Thank you.
Statement of Facts:
I respectfully submit this written declaration to the Court pursuant to CVC 40902. I plead Not Guilty to the charge of violating CVC 22349(a).
The facts of my case are as follows: While driving westbound on SR-198 east of SR-41 at 11:16am on August 16th, 2018, I was stopped by Officer Whitney (I.D.#013492) and was charged with violating CVC 22349(a). Though Officer Whitney has alleged that I was driving greater than 95mph in a 65mph zone, I know that I was not driving 95mph and that my speed was safe and reasonable for the conditions.
At the time of my stop, the road was dry and clear with light traffic on both sides of the highway. The posted speed limit on this section of SR-198 is 65mph. No persons or property were put at risk. I am a safe driver and I know have a clean driving record (see attached). That day I was driving a short distance from downtown Lemoore to Naval Air Station Lemoore; I was not in a hurry nor did I have anything planned that I needed to get to. I merged on the freeway at S Lemoore Ave/18th Ave then set my car on cruise control at 65mph. This is a very common practice that I do every time I get on the highway.
As stated above, the traffic was light on both sides of the highway and the weather was clear that day. While driving, I saw a white car pulled over on the side of the road ahead. I changed lanes from the right lane over to the the left lane allowing me to pass him safely while he was pulled over. My car was still in cruise control when I made this maneuver, set to 65mph. I always monitor my speed even when cruise control is on. I did not know at the time that the stopped white vehicle was a police officer. It wasn’t your typical black and white cruiser and I was paying more attention to the cars on the road around me to notice any details about this car that would let me know it was an officer.
I drove less than a mile down the road when I noticed that the white car was now behind me, still not realizing that it was a police officer. I turned my right blinker on and started to get over to the right lane to let him pass me when he turned his lights on and pulled me over. Officer Whitney approached the passenger side of the car. He informed me he pulled me over for exceeding the speed limit but did not inform me at how fast he believed I was going or how he judged my speed. Officer Whitney asked me for my license, registration and insurance, which I gave to him. Officer Whitney then returned to his vehicle. Officer Whitney never showed me his evidence for how he came to the conclusion that I was going greater than 95mph. I believe that due to the fact that there were other cars on both sides of the highway that I was wrongfully pulled over.
I was in shock that Officer Whitney thought I was going greater than 95mph on the highway, a speed that I never drive, so later that same day I retraced my steps and went back to the yoga studio then drove the speed limit from there to the location that I was pulled over. It took me 7 minutes to drive 2.9 miles (see attached images). The citation states that it was at 11:16am when written, which means that if I left the yoga studio at 11:08am it took me about 7-8 minutes to get to the spot where I was pulled over and have him print up a citation. I also noted the distance the police officer was stopped to the spot that he pulled me over, that was .5 miles (see attached images). This means he drove behind me for about .5 miles before pulling me over. While I was retracing my steps I took photos of the location that Officer Whitney was stopped when I first noticed him as well as photos of the location he pulled me over at (see attached images).
Once I was back home I made an appointment with the Freeway Toyota Dealership in Hanford to have my speedometer tested for accuracy. Still in shock that Officer Whitney thought I was driving greater than 95mph on the highway, I thought I better get my speedometer checked to make sure it is accurate and that my equipment is safe to drive. My appointment was for 8:00am the following morning on the 17th of August, 2018. I was so concerned that my speedometer might be wrong that I paid $120 to have my speedometer inspected with the Freeway Toyota Dealership in Hanford. Toyota verified that my speedometer is indeed accurate (see attached images) and that the tire pressure was where it needed to be to drive safely.
Where I was stopped, SR-198 is a well-maintained multi-lane highway, quite safe to travel on with my cruise control set to 65mph with favorable weather and road conditions. Section (b) of Speed Law Violations, CVC 22351(b), states: “The speed of any vehicle upon a highway in excess of the prima facie speed limits…or established as authorized in this code 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 conditions existing at the time and place of my stop were favorable and made the speed I was traveling Safe and Reasonable under these 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 prima facie unlawful.
I trust in the Court’s fairness and ask that my citation 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.
I have requested trial by written declaration and would appreciate some help on what I have written in my statement of facts, see below.
I was pulled over for going greater than 95mph in a 65mph zone. I know that I was not traveling over 95mph and believe that maybe the officer meant to pull over someone else and got me instead. I don't know how he judged my speed but I'm guessing radar since he was parked on the side of the road. Possible pacing because he followed behind me for a short but but not long enough to get an accurate paced read. Please see my statement below, any advice will be appreciated. Thank you.
Quote:
Statement of Facts:
I respectfully submit this written declaration to the Court pursuant to CVC 40902. I plead Not Guilty to the charge of violating CVC 22349(a).
The facts of my case are as follows: While driving westbound on SR-198 east of SR-41 at 11:16am on August 16th, 2018, I was stopped by Officer Whitney (I.D.#013492) and was charged with violating CVC 22349(a). Though Officer Whitney has alleged that I was driving greater than 95mph in a 65mph zone, I know that I was not driving 95mph and that my speed was safe and reasonable for the conditions.
At the time of my stop, the road was dry and clear with light traffic on both sides of the highway. The posted speed limit on this section of SR-198 is 65mph. No persons or property were put at risk. I am a safe driver and I know have a clean driving record (see attached). That day I was driving a short distance from downtown Lemoore to Naval Air Station Lemoore; I was not in a hurry nor did I have anything planned that I needed to get to. I merged on the freeway at S Lemoore Ave/18th Ave then set my car on cruise control at 65mph. This is a very common practice that I do every time I get on the highway.
As stated above, the traffic was light on both sides of the highway and the weather was clear that day. While driving, I saw a white car pulled over on the side of the road ahead. I changed lanes from the right lane over to the the left lane allowing me to pass him safely while he was pulled over. My car was still in cruise control when I made this maneuver, set to 65mph. I always monitor my speed even when cruise control is on. I did not know at the time that the stopped white vehicle was a police officer. It wasn’t your typical black and white cruiser and I was paying more attention to the cars on the road around me to notice any details about this car that would let me know it was an officer.
I drove less than a mile down the road when I noticed that the white car was now behind me, still not realizing that it was a police officer. I turned my right blinker on and started to get over to the right lane to let him pass me when he turned his lights on and pulled me over. Officer Whitney approached the passenger side of the car. He informed me he pulled me over for exceeding the speed limit but did not inform me at how fast he believed I was going or how he judged my speed. Officer Whitney asked me for my license, registration and insurance, which I gave to him. Officer Whitney then returned to his vehicle. Officer Whitney never showed me his evidence for how he came to the conclusion that I was going greater than 95mph. I believe that due to the fact that there were other cars on both sides of the highway that I was wrongfully pulled over.
I was in shock that Officer Whitney thought I was going greater than 95mph on the highway, a speed that I never drive, so later that same day I retraced my steps and went back to the yoga studio then drove the speed limit from there to the location that I was pulled over. It took me 7 minutes to drive 2.9 miles (see attached images). The citation states that it was at 11:16am when written, which means that if I left the yoga studio at 11:08am it took me about 7-8 minutes to get to the spot where I was pulled over and have him print up a citation. I also noted the distance the police officer was stopped to the spot that he pulled me over, that was .5 miles (see attached images). This means he drove behind me for about .5 miles before pulling me over. While I was retracing my steps I took photos of the location that Officer Whitney was stopped when I first noticed him as well as photos of the location he pulled me over at (see attached images).
Once I was back home I made an appointment with the Freeway Toyota Dealership in Hanford to have my speedometer tested for accuracy. Still in shock that Officer Whitney thought I was driving greater than 95mph on the highway, I thought I better get my speedometer checked to make sure it is accurate and that my equipment is safe to drive. My appointment was for 8:00am the following morning on the 17th of August, 2018. I was so concerned that my speedometer might be wrong that I paid $120 to have my speedometer inspected with the Freeway Toyota Dealership in Hanford. Toyota verified that my speedometer is indeed accurate (see attached images) and that the tire pressure was where it needed to be to drive safely.
Where I was stopped, SR-198 is a well-maintained multi-lane highway, quite safe to travel on with my cruise control set to 65mph with favorable weather and road conditions. Section (b) of Speed Law Violations, CVC 22351(b), states: “The speed of any vehicle upon a highway in excess of the prima facie speed limits…or established as authorized in this code 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 conditions existing at the time and place of my stop were favorable and made the speed I was traveling Safe and Reasonable under these 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 prima facie unlawful.
I trust in the Court’s fairness and ask that my citation 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 Written Declaration Advice - Violating CVC 22349(A)
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