My question involves a traffic ticket from the state of: California VC22350
Sorry this post is so long, but I think it is all relevant to the question at the end of the post.
I've been reading this traffic section forum extensively for the past few weeks to gain some information regarding court strategies, pertaining to traffic infractions. November 27th, I was ticketed for VC22350 Unsafe Speeds. 60mph in and 45mph. I do no believe I was going 60. I saw the sheriff when I passed him and didn't even slow down because I felt I was going with the flow of traffic. 5am, Dry, Clear, Moderate Traffic.
Pled Not Guilty. Trail Court Day, 1/2/2018. My name is called. Officer name is called. He takes the stand. He states I was traveling westbound blah blah blah. Basically what I did. He said I was "breaking away from traffic" and he paced me going 70, but only ticketed me for 60. He said, I said that I was "going fast", but wasn't sure how fast it was. 100% bullshit. I never said that. I knew exactly what I was doing when he pulled me over. I knew I was going to fight it, so I stuck to my guns. Yes or No answers. Nothing specific. Didn't admit to anything! So, he tells his version of the event, and now its cross examination time. Now, this isn't verbatim, but its not an embellishment.
Me: Deputy, On November 27th at approximately 6am, the time I was ticketed, were you driving your normal day to day vehicle, a 2011 Ford Crown Victoria Police Interceptor?
Deputy: Yes
Me: Are you aware that the 2011 Ford uses a Vehicle Speed Sensor to send an electronic signal to the ECU to determine the speed of the vehicle?
Deputy: No
Me: I have a part order number here that states in fact, the 2011 Ford does use a vehicle speed sensor. (I entered this printed page into evidence and handed it to the deputy and the judge. Deputy, are you aware what Vehicle Code 40802, Subpart D states?
Deputy: Not specifically.
Me: Vehicle Code 40802, Subpart D states :The radar, laser, or other electronic device used to measure the speed of the accused meets or exceeds the minimal operational standards of the National Highway Traffic Safety Administration, and has been calibrated within the three years prior to the date of the alleged violation by an independent certified laser or radar repair and testing or calibration facility. (I also printed this law out and handed it to the judge and deputy). Did you bring any evidence showing that your electronic speedometer has been tested within the last 3 years by an independent calibration facility?
Deputy: No, I didn't. But my Sargent has had the speedometer tested about 9 months ago.
Me:. Judge, Motion to dismiss, based on lack of evidence. The vehicle code specifically states that an electronic device used to determine speed, the speedometer of the 2011 Ford Crown Victoria the deputy was driving, needs to be calibrated. The speedometer used could have very well been reading incorrectly, and the court has no way of knowing otherwise. (I had this script typed out, and read it word for word, feeling VERY confident at this point
Judge: I'm going to find your motion denied. I believe that part of the vehicle code is pertaining to laser and radar and not speedometers.
I was blown away. Taken Back. I didn't know what to say. There was probably a good 15-20 seconds of silence. The judge asked me if I had anything else.
Me: So the basic understanding of the court today, is that the speedometer is not an electronic device used to determine speed?
Judge: That's not what I said. I said that part of the law is not concerning speedometers.
Me: Judge, the verbage of the law specifically says laser, radar or an electronic device.
Judge: I just said I don't believe its concerning speedometers. Mr. Dixon, do you have anything else?
Shit. Now the judge thinks I'm arguing with him. I felt at this time I was fighting an uphill battle. But I did prepare. I had another defense. I kind of had an idea I was going to lose regardless, so I chose my words very carefully because I wanted everything I said to be included in an appeal.
Afterall, I was cited for unsafe speeds, not breaking the speed limit. I followed word for word the 30 questions from helpigotaticket and it played out like a book (the judge looked as if he was getting annoyed with all the questions). I asked him if he knew what VC 22350 specifically stated and he said no. I read it to him. Asked him the follow up questions, with a final question of, "Given your testimony as evidence of my speed as it relates to the conditions at the time and place of this alleged violation, what about my speed was unsafe?
He fell silent.
Silence. Pure Bliss.
I turned to the judge.
Me: Judge, the testimony of the deputy is indicative to the fact that my speed was not unsafe given the conditions at the time and place.
Judge: Do you have anything else? (a "no" from me). Given the testimony of the officer, I'm going to find you guilty. The officer stated that you agreed that you were going "fast", and you really didn't dispute the fact that you said that. Vehicle Code 22350 doesn't give you the right to drive how ever fast you want , just as long as you feel that it's safe.
I couldn't believe it. He found me guilty because the deputy said, that I said I was going fast. Are you kidding me? I didn't dispute that because I found it to be irrelevant. I didn't want to get into a pissing match with the deputy about what he thought I said. I knew that was a losing battle to begin with. So, my defense was to attack his evidence (or lack thereof) and to argue the law. I lost. Can't believe it. I filed a notice of appeal right then and there at the traffic court counter.
Sorry this is so long, but my actual question is, those familiar with the appeal process, what do I say in my brief or my oral argument that I already haven't said in court?
Sorry this post is so long, but I think it is all relevant to the question at the end of the post.
I've been reading this traffic section forum extensively for the past few weeks to gain some information regarding court strategies, pertaining to traffic infractions. November 27th, I was ticketed for VC22350 Unsafe Speeds. 60mph in and 45mph. I do no believe I was going 60. I saw the sheriff when I passed him and didn't even slow down because I felt I was going with the flow of traffic. 5am, Dry, Clear, Moderate Traffic.
Pled Not Guilty. Trail Court Day, 1/2/2018. My name is called. Officer name is called. He takes the stand. He states I was traveling westbound blah blah blah. Basically what I did. He said I was "breaking away from traffic" and he paced me going 70, but only ticketed me for 60. He said, I said that I was "going fast", but wasn't sure how fast it was. 100% bullshit. I never said that. I knew exactly what I was doing when he pulled me over. I knew I was going to fight it, so I stuck to my guns. Yes or No answers. Nothing specific. Didn't admit to anything! So, he tells his version of the event, and now its cross examination time. Now, this isn't verbatim, but its not an embellishment.
Me: Deputy, On November 27th at approximately 6am, the time I was ticketed, were you driving your normal day to day vehicle, a 2011 Ford Crown Victoria Police Interceptor?
Deputy: Yes
Me: Are you aware that the 2011 Ford uses a Vehicle Speed Sensor to send an electronic signal to the ECU to determine the speed of the vehicle?
Deputy: No
Me: I have a part order number here that states in fact, the 2011 Ford does use a vehicle speed sensor. (I entered this printed page into evidence and handed it to the deputy and the judge. Deputy, are you aware what Vehicle Code 40802, Subpart D states?
Deputy: Not specifically.
Me: Vehicle Code 40802, Subpart D states :The radar, laser, or other electronic device used to measure the speed of the accused meets or exceeds the minimal operational standards of the National Highway Traffic Safety Administration, and has been calibrated within the three years prior to the date of the alleged violation by an independent certified laser or radar repair and testing or calibration facility. (I also printed this law out and handed it to the judge and deputy). Did you bring any evidence showing that your electronic speedometer has been tested within the last 3 years by an independent calibration facility?
Deputy: No, I didn't. But my Sargent has had the speedometer tested about 9 months ago.
Me:. Judge, Motion to dismiss, based on lack of evidence. The vehicle code specifically states that an electronic device used to determine speed, the speedometer of the 2011 Ford Crown Victoria the deputy was driving, needs to be calibrated. The speedometer used could have very well been reading incorrectly, and the court has no way of knowing otherwise. (I had this script typed out, and read it word for word, feeling VERY confident at this point
Judge: I'm going to find your motion denied. I believe that part of the vehicle code is pertaining to laser and radar and not speedometers.
I was blown away. Taken Back. I didn't know what to say. There was probably a good 15-20 seconds of silence. The judge asked me if I had anything else.
Me: So the basic understanding of the court today, is that the speedometer is not an electronic device used to determine speed?
Judge: That's not what I said. I said that part of the law is not concerning speedometers.
Me: Judge, the verbage of the law specifically says laser, radar or an electronic device.
Judge: I just said I don't believe its concerning speedometers. Mr. Dixon, do you have anything else?
Shit. Now the judge thinks I'm arguing with him. I felt at this time I was fighting an uphill battle. But I did prepare. I had another defense. I kind of had an idea I was going to lose regardless, so I chose my words very carefully because I wanted everything I said to be included in an appeal.
Afterall, I was cited for unsafe speeds, not breaking the speed limit. I followed word for word the 30 questions from helpigotaticket and it played out like a book (the judge looked as if he was getting annoyed with all the questions). I asked him if he knew what VC 22350 specifically stated and he said no. I read it to him. Asked him the follow up questions, with a final question of, "Given your testimony as evidence of my speed as it relates to the conditions at the time and place of this alleged violation, what about my speed was unsafe?
He fell silent.
Silence. Pure Bliss.
I turned to the judge.
Me: Judge, the testimony of the deputy is indicative to the fact that my speed was not unsafe given the conditions at the time and place.
Judge: Do you have anything else? (a "no" from me). Given the testimony of the officer, I'm going to find you guilty. The officer stated that you agreed that you were going "fast", and you really didn't dispute the fact that you said that. Vehicle Code 22350 doesn't give you the right to drive how ever fast you want , just as long as you feel that it's safe.
I couldn't believe it. He found me guilty because the deputy said, that I said I was going fast. Are you kidding me? I didn't dispute that because I found it to be irrelevant. I didn't want to get into a pissing match with the deputy about what he thought I said. I knew that was a losing battle to begin with. So, my defense was to attack his evidence (or lack thereof) and to argue the law. I lost. Can't believe it. I filed a notice of appeal right then and there at the traffic court counter.
Sorry this is so long, but my actual question is, those familiar with the appeal process, what do I say in my brief or my oral argument that I already haven't said in court?
Hearings and Trials: Convicted of Driving at an Unsafe Speed Without Testimony About Safety
Aucun commentaire:
Enregistrer un commentaire