How to FIGHT a Traffic Ticket in California

[ticketssuck]

I received a speeding ticket for going 61/63 on PCH right before the tunnel to the I-10 (This is after making a left turn coming down from the California incline). I realize the speed limit posted there is 45, but usually by the time I go home at night around 8pm everyone is going at least 60, and naturally start increasing speed to get on the I-10 towards 65. I got clocked during the daytime (when I dont usually go this route as I am usually working) going this speed as the cop was standing by the side of the road going eastbound. He said I could contest the ticket do whatever I want as long as I respond by the date on the ticket. He proceeded to say the only reason he was ticketing me was because I was going an unsafe speed where there was a pedestrian who was killed a month ago. I checked the web and found news about a woman who was in a car accident that died from being hit on the road, but that was because she was outside of her car when she got in an accident. Otherwise there are never any pedestrians on that road. I feel as though this was a speed trap incident, as everyone that drives down PCH around that area is going at least 65. any advice on fighting off this ticket? Do I get a speed survey from Caltrans or from Santa Monica DPW? Thanks!~

[PECivil]

when you fight it in court keep in mind a few tings....

(I am NOT providing legal advice, only information)

if they paced you, they have to have produce a certified calibration of the car speedo done within 6 months, if they dont have it then you walk because their speed measureing device has not been proven within a legal degree of certainty as accurate..as LONG AS YOU know to ASK FOR IT.

Same with radar, they need to have a certification that the tuning forks used to test the radar calibration have themselves been tested within 6 months, if they dont have it at trial you walk because their evidence is now suspect.

Courts have taken judicial notice that radar works as a valid speed measurement devide provided that:

The operator is trained in its use

The unit's calibration was checked before and after the arrest

AND

the device that checks the units calibration is ITSELF calibrated, (as the tuning forks are measurement devices themselves), within a reasonable period of time. (which courts have taken as 3 to 6 months)

This is based on mucho established case laws.

If you ask for this documentation and they dont have it you walk.

Remember you are not charged with going fast, you are charged with a specific speed, and if the speed measuring device they used cannot be proven accurate to a legal degree of certanity they have no evidence.

This is called asking for Foundation and if the cop does not have the docs at trial you will win. It is impt not to ask for it until crossing the cop. Then the prosecution has rested and they are screwed if they dont have the docs.

If the prosecutor asks for more time to get the docs, object

Your Honor, the trial is now, today, and the defense is present and prepared. It is not the fault of the defense the people do not have proper foundation and they need to move on without it.

then Move to dismiss for lack of evidence

If the judge says that the calibration is not important say:

your honor I have provided you with numerous case laws that show the documentation requested by the defense is required (give the judge the revelent case laws at the start of your trial) He cannot ignore precident, if he does he will lose if you appeal

If the judge says you should have asked for the docs in discovery prior to trial say:

your Honor, it is not the responsibility of the defense to provide foundation for the prosecutors evidence, the people know or should know what foundational material they need to bring to trial to verify their speed measurement is accurate to a legal degree of certainty based on case law.

Motion to dismiss for lack of evidence

a few more things

if you are cited for 22349(a) the maximum speed law, you can still use the speed trap defense (meaning they have to produce a traffic survey not more than 5 years old at the trial to verify the 85 percentile speed) as long as the road you were cited on has a posted limit lower than 65. In cali, the case is people vs studley. The state cannot use ANY radar speed measurement if it was obtained in a "speed trap" even if they did not write you for 22350. This is a good one. Cops write you for 22349a thinking they get out of having to produce the traffic survey at trial, but it works only if they wrote you on a road with a 65 limit (i.e the freeway)

if they bring the traffic survey then this does not work, but they probably wont have it, its another defense to throw in

if there is no prosecutor you also can severly limit what the judge can do at trial, because he cannot act as the prosecutor. He cannot object to your motions because he is not the peoples lawyer, he cannot enter any written matter into evidence, he cannot make motions, etc. He is very limited as long as you know to ask at the trial start" I notice there is no prosecutor to plead the peoples case, will YOU be acting as the prosecutor for the people?

He will be forced to say NO, and when he does, you can jamb him if he does anything that is reserved for a prosecutor to do.

SO if the cop does not show, he cannot move to postpone the trial to another date, as there is no one representing the people to make the motion

If he says you should have asked for the radar calibration data in discovery, you can say there is no prosecutor to object to your request for foundation

If the cop happens to bring the radar backup data to court, there is no one to enter it into evidence, the judge CANNOT do it, and the cop cannot do it, as he is not licensed by the bar to practice law. If the judge does it he will get overturned, because he is performing the job of the prosecutor and denying the defendant the right to a unbiased trier of facts (the judge)

The cheapness of the court screws them IF you know the things the judge cannot do. He cannot even have the APPEARANCE of being biased.

Say, The people are knowingly proceding with no prosecutor to plead their case, this shall in no way impair the defendants right to a fair trial and an unbiased trier of facts and the limitations presented as such are burden they have chosen to accept.

Every time the judge tries to do a prosecutor thing, you object and ask him"Are you now acting as prosecutor, your honor".

He knows you are in the right and may dismiss you because he is tired of your noise and does not want all the other sheep behind you to hear how easy it is to beat the system.

[25psi_Elise_Killer]

How to fight parking ticket in CA: How to fight parking ticket in Los Angeles

[JCWORKS]

Looking for advice/guidance/help. anyone have any idea how to get a engineering traffic safety report for I-10 , 10 miles outside of Blythe, Ca ? And I am looking for the CVC code that gives me the right to have my arrangement and trial on the same day? Any help would be greatly appreciated..

Thank you

Nate

[JCWORKS]

Okay after doing lots of research I have a question if someone can please help me. I was ticketed in Riverside County, I have family that lives in San Bernardino county. I did not ask the offer for county Seat, How can I request this if I lose Written declaration. Is it to late??

[NewtoTheForum]

Hi Charles,

Thanks for your posting. It is very helpful.
I have a MD driver's license & during my visit to CA on my second day, while I was taking the car out of my friends apartment complex, I was stopped for an infraction (Failure to do a complete Stop) and handed a ticket of $201.

The options I have are:

1. Trial by Declaration Payment - The amount due is $201.00.
2. Traffic School Payment - The amount due is $265.00 plus a e-Public Access service fee* of $10.00 will be added to this amount or
3.Full Payment - The amount due is $201 plus a e-Public Access service fee* of $10.00 will be added to this amount.

I do not completely understand the difference between 2 & 3. Can you help?

As suggested in your posting, I am planning to do a "Trial by Declaration" using mail without appearance in court. You said you have sample arguments that can be used for this. It would be very helpful if you could share that with me for my infraction of "Failure to a a Complete Stop".

3. Now, I have the choice of taking a traffic school by paying additional amount but get away with points and thus the increased insurance. In case I do a Trial by Declaration, will I still have the traffic school option open or pleading guilty by the judge will put me at a risk with that? Please help.

Thanks a lot in advance.

Warm regards,
AJ

Originally Posted by cpforyou

NOTE: It seems like this link shows up under Google's Search Engine, and I have a lot of people who sign up for LotusTalk just to PM me. I will only help you if you are a LotusTalk member in good standing, or a Honda-Tech member in good standing. If you just signed up for this forum just to talk to me (and many have), then I will not help you. If you are neither, and still want help, I will charge a $10 fee.


A lot of us like to drive our Lotus to far away locations. Examples including someone in Orange County going to Willow Springs, Buttonwillow, Laguna Seca, etc. Are you driving a few counties away to get to a Lotus meet?

I've decided to share some information on fighting your traffic ticket. You should know this even before you go out and drive next time. The following information will help you greatly if there is a lot of things question, or if you were (or weren't) speeding excessively. Obviously if you're racing over 100 MPH+ on the freeway, don't expect this to help much.

HIGHLIGHT: Never admit guilt. Always be polite. Always try to get as much information as you can.

1. GETTING PULLED OVER
I recommended that you never admit guilt. By admitting guilt, you put your case into the hands of the cop who pulled you over. If you get a nice cop, he might let you off. If you don’t get a nice cop, and he gives you a ticket, you have just incriminated yourself.

Cop: Do you know why I pulled you over?

WRONG ANSWER: Yes. I was doing 80mph.
WHY: This self-incriminates you.

WRONG ANSWER: No. I don’t. What speed was I going?
WHY: This makes you seem like you don’t pay attention to your driving.

RIGHT ANSWER: Would you mind telling me why you pulled me over?
WHY: You’re not admitting guilt. You are not answering his question, but appear to do so by responding back with a question yourself.

Cop: Yes, you were doing 85 MPH in a 65 Zone.

WRONG ANSWER: No I wasn’t.
WHY: Arguing or disagreeing with a cop will not help you.

RIGHT ANSWER: Oh I see. Would you mind telling me how you were able to get that speed?
WHY: You acknowledge his statement and at the same time, getting information on how exactly he determined your speed. Not all cops will state how he determined your speed on your ticket. You need this information to fight your ticket.

Cop: Do you know how fast you were going?

WRONG ANSWER: Yes. I was doing 80 MPH.
WHY: This self-incriminates you.

RIGHT ANSWER: Yes. I believe I was going at a safe and reasonable speed as per CVC 22350. (MEMORIZE THIS ONE!)
WHY: If you’re doing 80 MPH on the freeway, he will write you up for CVC 22349 or CVC 22356. CVC 22350 basically 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.” If everyone else is driving the same speed, sometimes driving 65MPH actually endangers the safety of persons or property if everyone is tailgating you, high-beaming you, etc.

This answer will trigger different responses from different cops. Some cops might think you’re a smart-@$$s. Some cops might think that you know what you’re talking about and continue to ask you more questions. If you get a cop that decides to throw a bunch of questions at you, make sure you slow him down. Think carefully about each question he asks you, always be polite, don't incriminate yourself, and if you can, answer a question back with a question to get information from him.

2. GETTING A TICKET
So the cop has decided to give you a ticket. As he is writing it...

Ask him nicely, "Can you give me a warning?"

It doesn't hurt to ask. If he denies it, tell him, “Excuse me officer. I would like request my right to appear county seat.” Do this only if you get a ticket in another county other than the one where you work or live. When he grants your request, he should ask you which court. If you get a ticket in San Diego, but live in LA, you could say Santa Monica for example. If you get a ticket in California near the border of Nevada, but live in Orange County, you would say Santa Ana. Obviously, if you're getting a ticket a few blocks away from your home, you can't do this.

If he denies your request, tell him, “According to CVC 40502(b), upon demand, I can request my court appearance closest to my residence or my principal place of employment. Can I request my right to appear county seat?”

If he still denies it, when you sign your ticket, make sure you face it away from the cop. Write in the signature box, “Request County Seat.” and then sign it. This is your proof that you requested it. If a cop denies you two times, and you write this in, you will have a STRONG CASE. The cop has denied your right to appear county seat, so now you have to write it in the signature box. You can use this as a basis to fight your case. PM me if this happens to you.

If you live in Orange County, and you get a ticket in LA, do it anyways. At the very least, you make him drive one hour or so to fight you in court.

OTHER NOTES:
SPEED TRAP: If it appears to be a speed trap, when the cop is writing you the ticket, ask him playfully any the following (depending on your situation).

"You know what officer, that was a good hiding spot. How many people did you get today from that spot?"

"You must be getting a lot of people from that spot today. Did you meet your quota yet?"

"You know, I see you a lot on Main St. Are you getting more people on this street?" If he answers yes, ask him "Wow. How many did you get today?"

WHY: You are building up evidence against a speed trap case. If it appears he has pulled over numerous people at that spot, you can request to see his log for the day.

MULTIPLE CARS: If a cop pulls over you and a few other cars at the same time, try to get their license plates.

WHY: If you are able to locate the cars later, everyone can fight the case together.


3. TRIAL BY DECLARATION
V.C. Section 40902 - Trial by Written Declaration

I recommend that everyone declares a Trial by Declaration, which basically means that you can fight it by mail. By fighting your traffic ticket by mail, you basically send your side of the story, and the cop sends his. The judge reviews both sides, and then makes a decision. The good thing about this is that you’re forcing a cop to gather his evidence and write a statement about your ticket. Some cops don’t like to do this, and will just let it go and would rather just go out and give another ticket. The cop has a certain amount of days to submit his statement. If he does not, you win. If he does, and the judge declares in your favor, you win. If the judge declares in the cops favor, you have another chance to fight it! You have multiple chances of winning, therefore Trial by Declaration is the best route to take.

I have samples of arguments you can use to submit to the judge. Please PM me. I have them for the following types of tickets:
Speeding on a freeway with a 65MPH or 70MPH posted speed limit.
Exceeding a speed greater than reasonable for the conditions present.
Failure to do a complete stop.
Red light camera ticket.


4. SO YOU LOST TRIAL BY DECLARATION?
If you lost Trial by Declaration on a ticket where you drove 5 - 10 MPH, then I'm very surprised. If you did, say 90 MPH in a 65 Zone, then I'm not surprised you lost. I suggest you get a laywer. Otherwise, keep going.

Hopefully, you got your ticket far from your location of residence. The latest statistic I have from a couple years ago say that a traffic ticket case in court is in the defendant’s case approximately 12% of the time. A majority of them are due to the cop not showing up. By having your court case outside of the cop’s favorite court, he is even more likely not to show up.

If you’re ticket is close to your location of residence, please PM me for more advice, or hire a lawyer.

OTHER THINGS YOU CAN DO

1. Do you have parents who live far away that you frequently visit? If so, let me know, and I'll share with you something you can do, so that if you ever get a ticket, you have higher chances of winning.

2. If you're ticket is for CVC22350, try to go online RIGHT AWAY and print out a few weather reports from a few websites.

3. If you're ticket is for speeding on the freeway, go online to SigAlert and print out what the current flow of traffic is. If you are far from home, call someone and have them do it RIGHT AWAY. Also, if it was for a Monday 11AM for example, go to SigAlert every Monday at 11AM and print out a speed report.

FOR THE RECORD:
I'm not a wreckless driver. I generally drive in a safe and reasonable manner. It all started, when I got a 45MPH in a 35MPH Zone many years ago, which no posted speed-limit. I did research, and I won! Since then, I fight every ticket I get, even if I can take traffic school. If I am eligible for traffic school, I usually fight by mail first. If I don't win, I ask to appear in court, in which I ask for traffic school.

As such, I have a good driving record, and a good driver's discount.

[scrappy13]

Hello i got a ticket for u-turn violation and want to do the not guilty by mail thing, what kind of inf do i need to put when sending in the not guilty plea and do i also need to put in the deposit for traffic school if i looe at this point

[plastique999]

Originally Posted by scrappy13

Hello i got a ticket for u-turn violation and want to do the not guilty by mail thing, what kind of inf do i need to put when sending in the not guilty plea and do i also need to put in the deposit for traffic school if i looe at this point

You want to fight it via Trial by Declaration.

Sign up on the website ticketassassin.com .... well worth it, and it will tell you exactly how to fight it this way. I have won twice this way.

[howsoonisnow1985]

Originally Posted by pixlpush

Another CA resource, I'm in the midst of having these guys prepare a trial by declaration for me:
Fight & Beat Speeding and Red Light Traffic Tickets in California - With the Original Ticket Busters
There more expensive than the ticket assassin but the actually prepare the documents for you and customize it to your situation. I'll update this post with my results.

Ticket Bust got me out of two tickets on the same month. One on the PCH and one in Ontario. I thought they were reasonably priced. They basically did all the work on a "Trial By Declaration" and won both, got a check back from both and best of all NO POINTS.

[Lotus_forever]

Are there more people who used Ticketbust.com who could give me their point of view? I am considering using their service and wanted to get some additional feedback.
Thanks

[plastique999]

Anyone have any advice on how to fight a speeding ticket caught by laser?
I'll be in court tomorrow....hope cop doesn't show up...

[cpforyou]

Originally Posted by plastique999

Anyone have any advice on how to fight a speeding ticket caught by laser?
I'll be in court tomorrow....hope cop doesn't show up...

You have my screen name. You could have messaged me plastique999.

Usually you try to fight the possible discrepancies of the laser.

Was the officer properly trained and when was his last training?


Was the officer properly trained to interpret false signals?
For radar to work good:
* The road must be flat and straight.
* There has to be good visibility.
* There needs to be minimum traffic.
* The officer needs to know that.

Ask if he was using the great feature called autolock?
If so, mention that The National Highway Traffic Safety Administration suggest that you disable the auto lock on units that have this function and the newer units no longer have this capability.

Was he hiding around or under an overpass?
Bouncing error can occur when there is an overpass in the vicinity of the chase and the radar beam is reflected off of multiple targets at the same time. The vehicle in question, an overpass, a sign, etc. will result in an improper reading.

Ask him if he was tracking your car with his gun, and how?
If he states any arm movement, when the officer swings the unit up to point at the targeted vehicle, the speed of his arm is added to the speed of the vehicle and throws off the reading generated by the vehicle.

[Peter95]

Hey guys I need your help..

I have requested "Trial By Declaration" and had a few questions on what can i say to increase my chances of winning. I already got my papers in.

So my story is, i was going downhill through this hairpin turn, there was a cop in the end. He was parked and i was not able to see him until the end of the turn.
He does a u-turn and pulls me over. He tells me he pulled me over for speeding. I told him that i did not believe i was.
Here's the info that is written on my ticket.

for the violation it says:
22350 cvc-speeding

Speed Approx. (47)mph
P.F./Max Spd (30)mph

So i have received my TR-205 Form and dont know exactly what i can (should) write to increase my chances of winning. Any tips would be appreciated =)
Its due on Nov 2nd, today is Oct. 26th so I need to mail it out by Wednesday.
Please help in any way you Guys can. Thanks.

Ps. Pv sheriffs blow

Peter Shin

[JCWORKS]

I am currently in the process of filing my appeal on a speeding ticket, I have been getting assistance from Help! I Got a Ticket! This is the best site for advise.

[Peter95]

Originally Posted by JCWORKS

I am currently in the process of filing my appeal on a speeding ticket, I have been getting assistance from Help! I Got a Ticket! This is the best site for advise.

i tried that site and it tells me i have a good chance of not being guilty, but the only question is what do i write on my portion?
just say that i was not speeding?
im sure there is more to that....

[JCWORKS]

After reviwing what you were cited for. 22350

22350. 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.

This is a great one to fight over!

Read it! did you do what that code says? Most people dont!!

On your written delecration you write-- I stand by my Plea of NOT Guilty!

Only way you win a Written declaration is if the officer does not submit his! There is a 75% chance of winning on this one!

If not you Request a Trial De Nova and put the office on the stand and ask him about the weather, traffic and if you were endangering the lives of other, and when he says no then you should win!

[sleeprfocus]

Hey cpforyou, tried PMing you a while back but no reply, now your mailbox is full. I'd like to get some example arguments for my particular citation, thanks.

[Lancia]

I've tried to make contact too.
I'm not in california, but I think many of the same points will apply.