View Full Version : yeah...!!! i won my speeding ticket case at the crest..


gitoy
March 25th, 2015, 05:21 PM
on august 14, 2014, a motorcycle chp caught me speeding on angeles crest highway...waiting by a tree with his radar gun as i was coming towards him...said 55 on a 40...wtf...no traffic, clear dry road...grrrr..

anyway after delaying and then Trial by Written Declaration, i finally got my dismissal on march 25, 2015...the ticketing officer never responded but on the decision letter it says...NO EVIDENCE OF OFFICER'S 2 HR. LASER TRAINING...

i think that is just an excuse because clearly i had a good case...

here is my TBWD...



Defendant's Name: xxxxxx xxxxxx
Case No.: xxxxxxx

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 22350.

The Basic Speed Law, CVC 22350 states: "No person shall drive a vehicle upon a highway 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, and in no event at a speed which endangers the safety of persons or property."

On my citation, the officer states that I was driving at an unsafe speed of approximately 55 mph on a 40 mph zone. At the time of my stop, August 22, 2014, Friday at 1:04 pm, I was going southbound on this desolate gentle section mountain road, (SR2) Angeles Crest Highway. It was a beautiful summer day. The road was dry, clean, and clear, with hardly any traffic. I assert that my speed was safe, reasonable, and prudent for the conditions and no persons or property were put at risk.

The officer never wrote on the ticket why my speed for the prevailing conditions was unsafe. As such, the officer does not make a credible case that I was in violation of the Basic Speed Law.

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.


xxxxxx xxxxxxxx December 12, 2014





guys and gals, fight them CVC 22350...i hope i have been of service...:D

csmith12
March 25th, 2015, 05:30 PM
I request a Trial de Novo.

;)

LittleRedNinjette
March 26th, 2015, 02:25 AM
So you got away with breaking the law doing15 over the posted speed limit?

sh123469
March 26th, 2015, 02:34 AM
In most cases, the posted limit is [I]prima facea[I] (on the face of it). It is meant to look like the actual speed limit.

Truth is, most jurisdictions don't have the time or desire to propose, write up, and vote on a legal speed limit for every location so they just throw something up. If it wasn't voted on by the legislative body for the area and approved, it's just a suggestion. Generally there is a statewide speed limit, voted on and approved by the legislature and some vague speed law like the one the OP mentioned (safe, prudent, etc.).

They will still ticket you, but unless you were operating unsafely or in an area with an actual legal limit, you can get off easy since you weren't breaking any limit.

LittleRedNinjette
March 26th, 2015, 04:21 AM
So the speed limit sign is not the speed limit where you live...

http://troll.me/images/doggedly-skeptical/doggedly-skeptical.jpg

fishdip
March 26th, 2015, 05:34 AM
In most cases, the posted limit is [I]prima facea[I] (on the face of it). It is meant to look like the actual speed limit.

Truth is, most jurisdictions don't have the time or desire to propose, write up, and vote on a legal speed limit for every location so they just throw something up. If it wasn't voted on by the legislative body for the area and approved, it's just a suggestion. Generally there is a statewide speed limit, voted on and approved by the legislature and some vague speed law like the one the OP mentioned (safe, prudent, etc.).

They will still ticket you, but unless you were operating unsafely or in an area with an actual legal limit, you can get off easy since you weren't breaking any limit.

:clapping:

LittleRedNinjette
March 26th, 2015, 05:57 AM
I can do that too. :p

fishdip
March 26th, 2015, 06:27 AM
I can do that too. :p

I do it better tho.

corksil
March 26th, 2015, 10:16 PM
The greatest form of control is where you think you're free when you're being fundamentally manipulated and dictated to. One form of dictatorship is being in a prison cell and you can see the bars and touch them. The other one is sitting in a prison cell but you can't see the bars but you think you're free.

What the human race is suffering from is mass hypnosis. We are being hypnotized by people like this: newsreaders, politicians, teachers, lecturers. We are in a country and in a world that is being run by unbelievably sick people. The chasm between what we're told is going on and what is really going on is absolutely enormous

It starts with a parent-child relationship. The 'adult' -- or "grown-up" tells the child that they are naughty. They tell the child that their are rules, and if broken; consequences.

This continues until the toddler is "house broken" -- domesticated, and finally weened -- off into the society. The society continues to place limitations on behavior -- "for the good of the colony."

Congrats OP, it looks like I'm naught the only naughty child who never grew up.

Congratulations. You have taught us all something -- and thus; social progress has been made.:dancecool:

alex.s
March 26th, 2015, 10:46 PM
maybe i read this wrong, but the case was dismissed because the officers lidar certification was out of date. this is a technicality, and not confirmation that your seriously terrible written declaration of "i was speeding because i was lonely" is a valid approach.

agentbad
March 27th, 2015, 06:12 AM
Clerk was probably a rider.

cbinker
March 27th, 2015, 07:30 AM
Welcome to fantasy land!

CC Cowboy
March 27th, 2015, 07:43 AM
In most cases, it's just a suggestion.

Thats's how I always ride/drive!

corksil
March 27th, 2015, 10:44 PM
Are stop signs really more than a recommendation to check your mirrors for the men in blue?

Are speed limit signs really more than a suggestion and another subtle recommendation to again check the mirrors and scan the horizon for patrol cars?

Those crazy bike riders. They are all gonna die some day.

Sirref
March 27th, 2015, 10:54 PM
^ Problem with the above

everyone is going to die someday, not just bike riders

corksil
March 28th, 2015, 12:40 AM
Thank you for making my point.

ally99
March 28th, 2015, 04:21 PM
I almost always root for the motorist when it's rider (or cager) vs. pop, so badass on the win!


That said, you got lucky your cop hadn't renewed his laser license. Be careful.