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82MPH Speeding Ticket: Trial by Declaration Help

krackajak

krackajak

Code Monkey
Joined
Nov 9, 2011
Location
Morgan Hill
Moto(s)
FE501S (Tarded), FZ6, YZ250
Name
Jeff
Here is the deal guys, I got a speeding ticket last June in my truck. Here are the facts: (obviously I'm trying to fight it)

1. I was traveling NB on US101, Officer going SB on US 101
2. I asked to see the radar reading before signing the ticket. He told me he didn't have it. He said he shot me going 82 while he was going SB and I was NB, then he said he hooked a u turn (on the freeway) and proceeded to get me at 74 while we were both going NB. All of this was verbal.
3. He still didn't show me the 74 MPH radar reading, but did let me look at his radar (I saw no lights or any indications it was even on) He said he switched it from "On-coming mode" to the other mode between the readings.
4. There is a minor error on the ticket, it says I was pulled over on NB 101 but the radar reading was "Executed at" SB 10 (he forgot the last 1).

What I have done thus far:
1. Got a continuance
2. Plead not guilty and requested a Trial by Declaration (written)
3. My TBD is due the 23rd of this month.
4. I have requested calibration records for all radar guns in the officer's unit

What should I put on my "Statement of facts"?
1. I know that the fact he didn't have the last reading is important.
2. Should I argue that the error on the ticket should deem it invalid?
3. Hopefully the radar hadn't been calibrated

The Officer wasn't a dick, I just don't want a point on my record. He did seem caught off guard when I asked to see the radar reading. If I am still found guilty, I plan to request a Trial de Novo and hope he doesn't show....:twofinger
 
Yup, worst that can happen is you have to take responsibility for speeding and pay for it.
 
He is not required to show you the radar or record it's reading other than writing it on the ticket.
If that's all you got you will lose. Are you eligible for traffic school?
 
krackajak said:
Here is the deal guys, I got a speeding ticket last June in my truck. Here are the facts: (obviously I'm trying to fight it)

1. I was traveling NB on US101, Officer going SB on US 101
2. I asked to see the radar reading before signing the ticket. He told me he didn't have it. He said he shot me going 82 while he was going SB and I was NB, then he said he hooked a u turn (on the freeway) and proceeded to get me at 74 while we were both going NB. All of this was verbal.
3. He still didn't show me the 74 MPH radar reading, but did let me look at his radar (I saw no lights or any indications it was even on) He said he switched it from "On-coming mode" to the other mode between the readings.
4. There is a minor error on the ticket, it says I was pulled over on NB 101 but the radar reading was "Executed at" SB 10 (he forgot the last 1).

What I have done thus far:
1. Got a continuance
2. Plead not guilty and requested a Trial by Declaration (written)
3. My TBD is due the 23rd of this month.
4. I have requested calibration records for all radar guns in the officer's unit

What should I put on my "Statement of facts"?
1. I know that the fact he didn't have the last reading is important.
2. Should I argue that the error on the ticket should deem it invalid?
3. Hopefully the radar hadn't been calibrated

The Officer wasn't a dick, I just don't want a point on my record. He did seem caught off guard when I asked to see the radar reading. If I am still found guilty, I plan to request a Trial de Novo and hope he doesn't show....:twofinger
Click to expand...

1. The fact that the reading wasn't on the radar isn't important. A lot of us don't "lock" in the speed. I know I don't.
2. A grammatical or technical error on a citation will not void the citation.
3. I guarantee you it has. All agencies I know of have a person assigned to ensuring the radars are sent out on a specific date/time to get factory calibrated. Don't get your hopes up on this one.

Sounds like he had you at 82, deciding to give you a break and write you for 74, which was a second speed that he got -- and you still want to fight it.

I don't blame you for trying for the sake of trying, but I hope you don't ever ask yourself "why don't cops give people breaks." I used to give breaks, and I got tired of going to court on my day-off because someone, who I gave a huge break to, took me to court. The way I treat citations now is simple. You get what you've earned. So if you do it, and I stop you, you're getting the ticket or tickets, period end of story. No breaks.
 
good post. Yeah last ticket I got for 92 I would have LOVED an 84. That one pretty much cured me of speeding, or at least anything more than 5-10 mph over. 75 in a 70 is it now.
 
afm199 said:
good post. Yeah last ticket I got for 92 I would have LOVED an 84. That one pretty much cured me of speeding, or at least anything more than 5-10 mph over. 75 in a 70 is it now.
Click to expand...

LOL.

Yeah, my two tickets as a kid were 88 in a 55 and 92 in a 65. Both hurt.
 
I'm assuming you were cited for CVC 22349, you might as well send in a TWD saying I stand by my plea of not guilty and cross your fingers.

If you were cited for 22350 you might be able to use the speed trap defense...
 
Antarius said:
Sounds like he had you at 82, deciding to give you a break and write you for 74, which was a second speed that he got -- and you still want to fight it.

I don't blame you for trying for the sake of trying, but I hope you don't ever ask yourself "why don't cops give people breaks." I used to give breaks, and I got tired of going to court on my day-off because someone, who I gave a huge break to, took me to court. The way I treat citations now is simple. You get what you've earned. So if you do it, and I stop you, you're getting the ticket or tickets, period end of story. No breaks.
Click to expand...

No break. He took two readings 82, then 74, still wrote me up for 82.
 
Antarius said:
...I used to give breaks, and I got tired of going to court on my day-off because someone, who I gave a huge break to, took me to court...
Click to expand...

cops have to go on their day off? every time I've been to traffic trial court it looks like a lot of the officers are on duty or will be later that day(I'm only assuming this because they're fully uniformed and their radios are active)

sorry to thread jack but I'm just really curious. In oakland all traffic trials are always on the same day of the week, what would happen if the officer was on duty at that time?
 
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oaklandish said:
cops have to go on their day off? every time I've been to traffic trial court it looks like a lot of the officers are on duty or will be later that day(I'm only assuming this because they're fully uniformed and their radios are active)

sorry to thread jack but I'm just really curious. In oakland all traffic trials are always on the same day of the week, what would happen if the officer was on duty at that time?
Click to expand...

Agreed... I have read everywhere that court is overtime for officers whereas TBD is not.....
 
oaklandish said:
cops have to go on their day off? every time I've been to traffic trial court it looks like a lot of the officers are on duty or will be later that day(I'm only assuming this because they're fully uniformed and their radios are active)

sorry to thread jack but I'm just really curious. In oakland all traffic trials are always on the same day of the week, what would happen if the officer was on duty at that time?
Click to expand...

1) Most cops, on or "off duty," wear a uniform to court. The fact that they're in uniform isn't necessarily an indicator that they're on duty at that moment.

2) It's hit or miss. I'd say a solid 75% of my court hits during my off days, with maybe 10% being while I'm on duty, at which point I would just leave my beat and head to court, then come back. The remaining percentage is in trial by declaration.

3) You are correct, TBD is not granted overtime because we write it while we're at the office on duty. TBD is better for everyone involved and it's what I recommend most people do when it comes to contesting a ticket.
 
What agency?

(I'm asking because there aren't many CHP with Direction Sensing Moving radar.)
 
At least with TBD the office must revel his testimony and can not later change it. If no TBD and you go to open court the officer can wing his testimony as he sees fit. With TBD you can prepare for trial and use his statement as his testimony.
 
NorCalBusa said:
What agency?

(I'm asking because there aren't many CHP with Direction Sensing Moving radar.)
Click to expand...

I was stopped in Solvang. I believe Santa Barbara County. Not sure which agency that constitutes. My notices have come from the Solvang division of the Santa Barbara Superior Court.
 
Antarius said:
1) Most cops, on or "off duty," wear a uniform to court. The fact that they're in uniform isn't necessarily an indicator that they're on duty at that moment.

2) It's hit or miss. I'd say a solid 75% of my court hits during my off days, with maybe 10% being while I'm on duty, at which point I would just leave my beat and head to court, then come back. The remaining percentage is in trial by declaration.

3) You are correct, TBD is not granted overtime because we write it while we're at the office on duty. TBD is better for everyone involved and it's what I recommend most people do when it comes to contesting a ticket.
Click to expand...

Similar to the Florida Highway Patrol video thread, off duty really isn't off duty. It is meant to relate that it is the regular day off for the officer. But the fact that they are at court, or a uniformed pay job, makes them on duty.

Yes, many times, especially for traffic court, on a day off I have worn a uniform. It's going to be a suit to a criminal jury trial, unless I was working a uniformed assignment that day. Even in a suit, whenever we are being paid in connection with our LE profession, that is on duty, despite if we might mention in passing that we are "off duty".
 
bojangle said:
Similar to the Florida Highway Patrol video thread, off duty really isn't off duty. It is meant to relate that it is the regular day off for the officer. But the fact that they are at court, or a uniformed pay job, makes them on duty.

Yes, many times, especially for traffic court, on a day off I have worn a uniform. It's going to be a suit to a criminal jury trial, unless I was working a uniformed assignment that day. Even in a suit, whenever we are being paid in connection with our LE profession, that is on duty, despite if we might mention in passing that we are "off duty".
Click to expand...

IIRC, The Great State of Florida will seize your vehicle and sell it at auction for exceeding 100+.

If the FHP Officer was doing all due diligence- they'd have a Crown Vic for sale.:laughing
 
I don't understand how so many people do not get it. If you want to do a TBD, that is fine, but you have to have a reasonable defense that does include saying the officer is wrong, is lying or doesn't know what he is talking about. I have been to court many, many times. I have yet to see a single case where a defendant comes up with even what seems like a reasonable defense if the officer is there and says it was a different way. You always lose if it is your word against the officers.

I don't see where you could have even a hint at a reasonable defense here. The officer apparently got you on radar well over the limit not once, but twice. then he wrote you up for the lesser of the two.

Your best shot is to make an informal discovery request for the officer's notes. If they do not send it to you in 15 days you can make a motion for the court to preclude the officer's testimony at trial as a sanction for the state not following the discovery laws. Then the case gets dismissed, without you even have to say anything about being not guilty.
 
Cal24Rallymaste said:
I don't understand how so many people do not get it. If you want to do a TBD, that is fine, but you have to have a reasonable defense that does include saying the officer is wrong, is lying or doesn't know what he is talking about. I have been to court many, many times. I have yet to see a single case where a defendant comes up with even what seems like a reasonable defense if the officer is there and says it was a different way. You always lose if it is your word against the officers.

I don't see where you could have even a hint at a reasonable defense here. The officer apparently got you on radar well over the limit not once, but twice. then he wrote you up for the lesser of the two.

Your best shot is to make an informal discovery request for the officer's notes. If they do not send it to you in 15 days you can make a motion for the court to preclude the officer's testimony at trial as a sanction for the state not following the discovery laws. Then the case gets dismissed, without you even have to say anything about being not guilty.
Click to expand...

He said twice that he was written up for 82, not 74
 
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