March 25th, 2015, 05:21 PM | #1 |
ninjette.org guru
Name: gitoy
Location: rpv, ca
Join Date: May 2009 Motorcycle(s): 04 ninja 250, 05 zzr 600 (sold), 07 cbr600rr Posts: 319
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yeah...!!! i won my speeding ticket case at the crest..
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... |
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March 25th, 2015, 05:30 PM | #2 |
The Corner Whisperer
Name: Chris (aka Reactor)
Location: Northern KY
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March 26th, 2015, 02:25 AM | #3 |
Certified Troublemaker
Name: Teri
Location: Hamilton, NJ
Join Date: Oct 2012 Motorcycle(s): 2006 Ninja 250r "Pikachu", 2017 Ninja 650 "Epona" Posts: A lot.
MOTM - Aug '13, Aug '14, Feb '17
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So you got away with breaking the law doing15 over the posted speed limit?
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March 26th, 2015, 02:34 AM | #4 |
ninjette.org member
Name: Steve
Location: Spartanburg, SC
Join Date: Nov 2014 Motorcycle(s): EX250, Suzuki Savage, 76 Goldwing restoration project, 71 CB350, 73 Yamaha GT1, Posts: 73
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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. |
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March 26th, 2015, 04:21 AM | #5 |
Certified Troublemaker
Name: Teri
Location: Hamilton, NJ
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MOTM - Aug '13, Aug '14, Feb '17
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So the speed limit sign is not the speed limit where you live...
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Raven's Rejuvenation A bruise is a lesson... and each lesson makes us better... |
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March 26th, 2015, 05:34 AM | #6 | |
ninjette.org certified postwhore
Name: Fish
Location: co
Join Date: Apr 2013 Motorcycle(s): 250/300 Posts: A lot.
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Quote:
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Hey Unregistered never go faster than your brakes can be applied... |
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March 26th, 2015, 05:57 AM | #7 |
Certified Troublemaker
Name: Teri
Location: Hamilton, NJ
Join Date: Oct 2012 Motorcycle(s): 2006 Ninja 250r "Pikachu", 2017 Ninja 650 "Epona" Posts: A lot.
MOTM - Aug '13, Aug '14, Feb '17
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I can do that too.
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Raven's Rejuvenation A bruise is a lesson... and each lesson makes us better... |
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March 26th, 2015, 06:27 AM | #8 |
ninjette.org certified postwhore
Name: Fish
Location: co
Join Date: Apr 2013 Motorcycle(s): 250/300 Posts: A lot.
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Hey Unregistered never go faster than your brakes can be applied... |
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March 26th, 2015, 10:16 PM | #9 | |
ninjette.org certified postwhore
Name: TC
Location: Hawaii
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Quote:
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.
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Just batshit crazy. All his posts are endless diatribes. Some are actually entertaining but mostly batshit crazy. |
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March 26th, 2015, 10:46 PM | #10 |
wat
Name: wat
Location: tustin/long beach
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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.
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March 27th, 2015, 06:12 AM | #11 |
ninjette.org sage
Name: bob
Location: Earf
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Clerk was probably a rider.
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March 27th, 2015, 07:30 AM | #12 |
Track Clown
Name: Chris
Location: Kingman, AZ
Join Date: May 2012 Motorcycle(s): '08 250R, 21 MV F3 800, Kawasaki 400 build Posts: A lot.
MOTM - Sep '15
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Welcome to fantasy land!
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March 27th, 2015, 07:43 AM | #13 |
ninjette.org certified postwhore
Name: Whodat
Location: Ware Is.,MA
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Thats's how I always ride/drive!
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If everything seems under control; you're just not going fast enough! |
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March 27th, 2015, 10:44 PM | #14 | |
ninjette.org certified postwhore
Name: TC
Location: Hawaii
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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? Quote:
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Just batshit crazy. All his posts are endless diatribes. Some are actually entertaining but mostly batshit crazy. |
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March 27th, 2015, 10:54 PM | #15 |
Private Joker
Name: Ben
Location: Towson, MD
Join Date: Nov 2012 Motorcycle(s): '99/'01 Ninja 250 "sketchy", '13 Ninja 300 "yoshi", '03 GSXR 600 "merlin" Posts: A lot.
MOTM - Mar '14
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^ Problem with the above
everyone is going to die someday, not just bike riders
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March 28th, 2015, 12:40 AM | #16 |
ninjette.org certified postwhore
Name: TC
Location: Hawaii
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Thank you for making my point.
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Just batshit crazy. All his posts are endless diatribes. Some are actually entertaining but mostly batshit crazy. |
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March 28th, 2015, 04:21 PM | #17 |
Ninja chick
Name: Allyson
Location: Athens, GA
Join Date: Jun 2009 Motorcycle(s): '13 Ninja 300 Posts: A lot.
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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.
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