My question involves a traffic ticket from the state of: California
The short story: Cited for 61 in 45 mph zone (PCH Southbound at Webb Way - near Cross Creek shopping center) measured at 720 ft. Exact same situation as here except the cop measured my speed from the shopping center entrance/exit (about halfway between A and B) and pulled me over at Webb Way (B).
I've done some reading about this type of ticket and I have a few questions.
- For a Trial by Declaration - Rather than argue about traffic surveys and unsafe speed, etc. would I be better off simply stating "I respectfully request that the officer prove to the court that I was traveling 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, or endangered the safety of persons or property." Basically not presenting a defense, but asking the officer to prove my guilt. Maybe he won't fill out the paperwork, or at the very least, make him work for this ticket.
- Another Trial By Declaration option - I don't think the officer had 720 feet of visibility (curvature of the road) from where he was positioned when he measured my speed. Is there a way that I can prove this besides measuring the distance with an iPhone app (which probably will not be legally sufficient)? Alternatively, can I not provide evidence that there was no visibility, but instead ask that the officer prove he had 720 ft of visibility from his vantage point?
- If I lose a Trial By Declaration - is Traffic School still an option?
Thank you for your input.
The short story: Cited for 61 in 45 mph zone (PCH Southbound at Webb Way - near Cross Creek shopping center) measured at 720 ft. Exact same situation as here except the cop measured my speed from the shopping center entrance/exit (about halfway between A and B) and pulled me over at Webb Way (B).
I've done some reading about this type of ticket and I have a few questions.
- For a Trial by Declaration - Rather than argue about traffic surveys and unsafe speed, etc. would I be better off simply stating "I respectfully request that the officer prove to the court that I was traveling 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, or endangered the safety of persons or property." Basically not presenting a defense, but asking the officer to prove my guilt. Maybe he won't fill out the paperwork, or at the very least, make him work for this ticket.
- Another Trial By Declaration option - I don't think the officer had 720 feet of visibility (curvature of the road) from where he was positioned when he measured my speed. Is there a way that I can prove this besides measuring the distance with an iPhone app (which probably will not be legally sufficient)? Alternatively, can I not provide evidence that there was no visibility, but instead ask that the officer prove he had 720 ft of visibility from his vantage point?
- If I lose a Trial By Declaration - is Traffic School still an option?
Thank you for your input.
Speeding Tickets: Arguing that Your Speed Was Reasonable as a Defense to Speeding, CVC 22350
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