Error On Ticket 22349 (A)

[haziel98]

My query needs a speeding ticket from the State of: California
Hi All persons,
I received a ticket for Max pace restrict violation 22349 (a) on a 50 mph zone, The factor is that the ticket states that
I was going approx 68 on a P.F./ Max 65 the veh.lmt. 65 safe 65 radar yes distance a hundred yds. They are fining me $226 for the violation.
given that I know I was going 18 mph more than the limit not three miles as stated by the ticket, do you guys now if they are charging me with 3 mph or 18 mph over the restrict?? If they are charging me with 3 mph require to I battle the ticket or is there a way they can in truth go back and examine that the harmless pace in that street was 50 mph and modify the fine?
Thanks for your help, and I am glad I uncovered this Forum!!!
Aldo

[gerard]

How? By going to court and saying you have been only exceeding the speed restrict by three MPH?? You will want to get a grip on reality.
In California, that commonly indicates you had been speeding...which means you are guilty....which normally implies you spend out the prescribed fine....and there is no this variety of difficulty as a reduction.

[joachim]

Quoting chuckycheese

How? By going to court and saying you had been only exceeding the tempo limit by three MPH?? You will need to have to get a grip on actuality.
In California, that implies you had been speeding...which usually means you're guilty....which signifies you pay out out the prescribed fine....and there is no this form of level as a reduction.



In the United States, there is a presumption of innocence until eventually verified guilty... and you have the correct to defend your self in court. No a single stated anything at all about a reduction.
Aldo,
The initially issue you have to have to do is a trial by written declaration. Just state that you are staying charged with speeding three mph far more than and you are not guilty. There is a possibility the judge may dismiss it at that degree. If not, you want to promptly request a Trial de Novo. Then, go to the court and get a copy of the officer's statement from the TBWD. You may well have a superior prepare then of what he'll say in court.
When you current up for the Trial de Novo, make assured the cop crosses every single single T and dots just about every and just about every I. Request to see copies of the calibration and servicing data for the radar. Everything will have to be most recent. Also, ask to see copies of the radar teaching college he attended. He definitely should really have these paperwork in court. Also, if he has them, they Must be originals or licensed genuine copies. If they are not, you have to have to object to them staying admitted as evidence and inquire for a dismissal.
Also... here is an fascinating twist. You ought to seriously try this to see what comes about (it can not harm). In advance of the cop testifies at your trial, you seriously really should inquire for dismissal as the prosecution (who won't be there) has not established a velocity trap did not exist as per VC40803(b):




40803(b) In any prosecution under this code of a charge involving the
pace of a vehicle, specifically exactly where enforcement needs the use of radar or
other electronic units which measure the speed of moving objects,
the prosecution shall create, as part of its prima facie situation,
that the evidence or testimony presented is not primarily based on a
speedtrap as defined in paragraph (2) of subdivision (a) of Segment
40802.



The cop is a witness, totally almost nothing more and practically nothing at all significantly less. Thus he cannot create a prima facie condition nor can he complete an act of prosecution.
The judge is feasible to quote case law that says the absence of a prosecutor does not inherently deprive you of a sincere trial... to which you can argue that you are not speaking about a honest trial, you are arguing about a statutory requirement of the prosecution which they have failed to carry out.
It quite possibly will not perform, but it is surely well worth a think about. I would pull the stops out on this BS charge. If you are convicted at your Trial de Novo, I would start the appeal process based mostly on the issue over.

[tahmelapachme33]

You are becoming charged with three mph more than. That's an absurd demand. The clear answer to your difficulty is: heck yes you need to have to get in and battle it.

[Camdyn]

BTW I forgot to say that I was cited by a local police officer on a 3 line Pkwy not a Highway patrol maybe this makes a difference in them noticing the error in the infraction.
Thanks again!!!
Aldo