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Old 05-07-2009, 09:13 PM   #289
grez0r
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Join Date: May 2009
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Hi Everyone,
I found this forum after much searching on Google (probably like a lot of posters in this thread) for doing research on traffic violation tickets [speeding]. I read through each post one by one and a plethora of other information elsewhere. I decided to post in this particular forum/thread for a consolidated, hands on experience on the experience of combating this particular infraction [22349(a)]; as nearly 90% of the information out there are for speeding referring to [23350].
I want to be straight to the point so not too much searching is needed to find information. Iím doing this because I feel not only I but too many others have been a victim to this ďtruly unjustifiedĒ hand out of these tickets. In other words: ďthis tix is completely BS!Ē But in order to do so and start the process, I wish to obtain some information based on the usersí experience of this forum. Also looking for some advice and using it to put everything in the end in one consolidated post.
I donít want to be the guy who asks questions and just simply come back and post ďyay I won / boo I lostĒ and no details or nothing at all for that matter. Please note I am not looking for ďlegal adviceĒ (Iíd ask a lawyer) but Iím strictly doing this from a noob standpoint, where a person just received ticket and feels that itís not right and want to do something besides just bending over and throwing money away.
Now with that (too long didnít read) section out of the way, here are my details:
I was pulled over a week ago and cited a 22349(a) on the highway. (81 mph / 65 max Ė radar checked), I have not received my courtesy notice yet.

  • #Area: Southern California (I can be more specific but the conspiracy theorist in me suggest not to be naÔve and CHP/PD officers definitely scour the forums :P)
  • #Conditions: Bright/clear/sunny weather, minimal cars on the road, road conditions are dry, visibility nearly ďunlimitedĒ, 3-lane nearly open highway was a little before noon so virtually no cars around on a Tuesday. (Based on my own observation since nothing is noted on the citation.
  • #At the time(Iím guessing mostly irrelevant to mention towards my case): Being in the fast lane(#1) Car in front, clearly going faster, car in the next lane over(#2) a few car lengths behind going relatively same speed since Iím not really gaining any distance from him.
  • #What happened: I clearly saw the CHP officer parked on the shoulder, as the faster car in front of me in the same lane passes him and the CHP started to move I thought to myself oh man, heís done. But behold, the CHP got behind me with his lights flashing so I yielded by increasing my speed to make a safe switching to the other lane in front of another car, and as you can guess he followed me and I eventually pulled over onto the shoulder. I was very courteous and everything was quick and to the point, he simply said ďIím writing you up for going 82 in a 65, license and registration blah blahĒ I didnít feel like arguing, even though I wasnít in a hurry to be anywhereÖ but he came back with ticket already written up, I looked it over and signed it. Since Iím not from the area (my address is actually 3.5 hours away! Unfortunately it was not until after did I know I had to request change in court right at the time of citationL)I asked him about online traffic school option(funny story: he actually said he thinks I can take online traffic school but ďmake sure itís not some porno website or somethingĒ, of course THAT made me go ďwtf?Ē) And then I was on my way, end of story.
Deducting from research and my own knowledge, I have a few options. If I choose to do all it would be in this order:
File extension>(PC 1054.1?) Process of discovery>Trial by Declaration>2nd Trial de Novo or just simply pay it right away and go to traffic school. My circumstances to justify the extension is because I live 3.5 hours away and itís too late for me to change court location (to my knowledge, please advise). Iím not playing the delay tactic; just simply do not have time to drive that far for something like that.
This where I need your guysí input on this; is it worth it to do Discovery or skip to TBD? I found info on Discovery (http://saritsblog.blogspot.com/2008/...-speeding.html and http://www.helpigotaticket.com/proc/discover.html ) something to note is, the CHP did note on my citation that radar was used, but no other notes about driving conditions. Iím not sure if itís worth the trouble of mailing this to DA to have them refuse it and then having to write back again telling them they have to blah blah. Seems like a long process. Especially according to the citation, they just have to say I went 66mph and Iím screwed no matter what. Yeah, a load of BS.
Now questions for a TBD: Correct me if Iím wrong, but it seems like itís a different process to file a TBD if you have tried Discovery, like different steps to, and also need to file a motion(still not sure what that is)to the court. Regardless, when requesting a TBD, should I be using the official forms provided by the court (T205 or something not sure)or write an unofficial letter for TBD? Iím not too sure how to distinguish the two despite reading a lot of information on them. So help on it would GREATLY be appreciated.
Next, letís just say I lose the TBD, I need to file a 2nd Trial (de Novo), personally by this time I would just want to plead no contest and ask for traffic school since a lot of time would have been passed. I have a couple questions for this. Letís just say I go with the intention of pleading no contest assuming the CHP will show up. How does the court system work? For example, do I have to plead for traffic school before I find out if the officer is there or not? (And I do know itís not a 100% sure thing case will be dismissed if the officer does not show up). From what I read, it goes: judge comes in tells everyone whoís there whoís not there, and then you can decide to plead guilty or not guilty? Or it could be the other way around? Please enlighten me for those of you that have experienced it. And to note, if I am able to switch courts I'd definitely do it for de novo.

Few more thingsÖ from this thread alone, Iíve read that even now TBDís are difficult to win because some county courts provide CHP officers with a simple fill out checklist form to combat a person contesting a citation. Almost seems like all counties would do this to save time, no? From any of the people hereís experience would any of you by chance know which counties in socal usually have something like this? (SJ, SD, LA, Ventura, OC?)
Please keep in mind since this citation is new, I have not yet received my courtesy notice nor has it shown up online on the county courtís website on how much my fine is, etc. Also I know I am eligible for traffic school assuming on the fact I have not done traffic school in the past.
Thanks for reading this rather long post, but I feel I can really help a lot people out by telling them of my personal experience step by step. I feel committed because chances are, it could happen to anyone and anyone more than once as well!
Any input would be greatly appreciated (Iím eyeing you, Krazy! Since you seem to be the most active and know most about this from personal experience!)
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