My question involves a traffic ticket from the state of: California.
I filed for a TBWD to a speeding ticket. Facts to ticket were quickly as follows, I was driving (I imagine, but don't know) 70-75 mph in accordance with normal traffic on freeway late at night on St Patrick's weekend. Got pulled over and officer issued me a ticket for going "90+", no radar, no laser, no pacing, just "visual estimate." He also made me perform a field sobriety test and then arrested me to force a breath test; when I blew a .04 on the field, he released me with an affidavit that basically indicated I was never arrested, due to lack of evidence to support a DUI charge.
I did some research about the CHP officer and found that he has been awarded for setting records for DUI arrests. I did feel uncomfortable with the process of my being pulled over and his approach to the field sobriety test, et cetera -- which included administering the test on an incline over my objection and refusing to administer the test in front of his dashcam (which I requested, to preserve evidence of my sobriety/performance).
In my trial by written declaration, I indicated that to my knowledge, I was not speeding. I declared that I believed the Officer merely pulled me over on the pretext of a speeding violation to have the opportunity to evaluate me for a DUI charge. I attached evidence of his awards for setting arrest records and declared that I blew .04, etc.
My question now is this:
I am going to request a Trial de Novo.
Can I see if the officer shows up in court before requesting traffic school?
I would like to see if he appears in court, requesting traffic school if so, and a dismissal otherwise. How do I go about doing that? Do I have to choose one way or the other between the traffic school and the chance to get a dismissal for Officer's failure to appear now?
Also, can I easily obtain officer's declaration for my trial by written declaration? I didn't see a way to download it from the docket online.
I filed for a TBWD to a speeding ticket. Facts to ticket were quickly as follows, I was driving (I imagine, but don't know) 70-75 mph in accordance with normal traffic on freeway late at night on St Patrick's weekend. Got pulled over and officer issued me a ticket for going "90+", no radar, no laser, no pacing, just "visual estimate." He also made me perform a field sobriety test and then arrested me to force a breath test; when I blew a .04 on the field, he released me with an affidavit that basically indicated I was never arrested, due to lack of evidence to support a DUI charge.
I did some research about the CHP officer and found that he has been awarded for setting records for DUI arrests. I did feel uncomfortable with the process of my being pulled over and his approach to the field sobriety test, et cetera -- which included administering the test on an incline over my objection and refusing to administer the test in front of his dashcam (which I requested, to preserve evidence of my sobriety/performance).
In my trial by written declaration, I indicated that to my knowledge, I was not speeding. I declared that I believed the Officer merely pulled me over on the pretext of a speeding violation to have the opportunity to evaluate me for a DUI charge. I attached evidence of his awards for setting arrest records and declared that I blew .04, etc.
My question now is this:
I am going to request a Trial de Novo.
Can I see if the officer shows up in court before requesting traffic school?
I would like to see if he appears in court, requesting traffic school if so, and a dismissal otherwise. How do I go about doing that? Do I have to choose one way or the other between the traffic school and the chance to get a dismissal for Officer's failure to appear now?
Also, can I easily obtain officer's declaration for my trial by written declaration? I didn't see a way to download it from the docket online.
Speeding Tickets: Lost Tbwd, Now Want Another Shot but Preserving Right to Traffic School
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