Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here « Best way to contest a speeding ticket: Trial By Declaration
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- I just go notice from the court that I was found not guilty for (22350 VC) speeding… I was refunded my fine. I was doing 58 in a 40…
I contested the ticket via the mail. It’s called "TRIAL BY DECLARATION". In short, the police officer has to submit his contest in writing or the case will be dismissed. Unlike showing up in court where the office gets paid overtime to contest, the officer gets nothing for Trial by Declaration. So most of the time they don’t reply, and the case gets dismissed… The same result happened to my buddy when he contested his illegal U-turn ticket… This is how I learned to this process…
The Steps that I took: (In Short)
1. Pay the fine.
2. Request a Trial by Declaration.
3. Submit your story as to why you wish to contest.
4. Include other documents that the “Trial by Declaration” paperwork specifies. 5. Wait about 4 months…
Here is what I wrote to the court… Hope this helps…
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Hello,
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 following contains the details of my case:
While traveling east on Harbor Blvd in Costa Mesa Monday February 18th, 2008 I was stopped by a Costa Mesa Officer (Officer Miles) and was charged with violating CVC 22350. The Officer has alleged that I was driving 58mph in a 40mph zone based on Radar evidence. I believe that I was driving approximately 45-50mph at the time of my stop and that my speed was quite safe for the prevailing conditions. When I asked to view the speed measuring device evidence reflecting my clocked speed, I was refused.
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." At the time of my traffic stop the road was dry and with very light traffic since it was early in the morning on a holiday (Martin Luther King Day). On my citation, the officer marks that the traffic was "light." No persons or property were put at risk. As such, the Officer does not make a credible case that I was in violation of the Basic Speed Law.
Furthermore, I believe that the posted speed limit of 40mph on Harbor Blvd is artificially low for being a three lane road both ways just off the freeway. This clearly reflects an out-of-date traffic and engineering survey and, as such, may constitute an illegal Speed Trap pursuant to CVC 40802(a)(2) which defines an illegal radar speed trap as:"A particular section of a highway with a…speed limit that is provided by this code…[which] limit is not justified by an engineering and traffic survey conducted within five years prior to the date of the alleged violation, and enforcement of the speed limit involves the use of radar or any other electronic device that measures the speed of moving objects." If the traffic survey on Harbor Blvd is more than five years old, the officer’s use of Radar\Laser to determine my speed was illegal.
When using radar or laser speed evidence, the prosecution is required to prove that the use of radar or laser is not an illegal speed trap. Speed Trap Evidence 40803(b) states: "In any prosecution under this code of a charge involving the speed of a vehicle, where enforcement involves the use of radar or other electronic devices which measure the speed of moving objects, the prosecution shall establish, as part of its prima facie case, that the evidence or testimony presented is not based upon a speed trap as defined in paragraph (2) of subdivision (a) of Section 40802."
If the prosecution does not attach proof with its written declaration (a certified copy of the speed survey) to establish as part of its prima facie case, that Harbor Blvd is not an illegal Speed Trap, as they are required to do pursuant to CVC 40803(b), I trust the Court will rule the radar\laser evidence inadmissible and dismiss my case pursuant to CVC 40805. CVC 40805, Admission of Speed Trap Evidence, states:"Every court shall be without jurisdiction to render a judgment of conviction against any person for violation of this code involving the speed of a vehicle if the court admits any evidence or testimony secured in violation of, or which is inadmissible under this article."
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 also respectfully request that I may still attend traffic school to clear my diving record if found guilty.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
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7 commentsto “Best way to contest a speeding ticket: Trial By Declaration”
Hey, thats a very interesting case you got. i recently got pulled over on macarthur towards bristol in santa ana, speed zone was 40mph, and the cop said i was goin 56mph. i cant seem to read his writing but under radar i think it says 14…not sure though. i wasnt able to see the radar or if he was even using a radar is not to my knowledge. as i passed the cop i noticed him (on his bike) talking to another cop on a bike. condition were dry, light traffic, clear weather, and there was only one other car right beside me as we both passed the cops, i was even on the outer side. not sure what i want to do or what i can do. how can i get a survey of the speed on that street? what’s your advice. i gotta take care of this before the 29th. thanks for any advice.
So funny!! I am fighting a ticket I received in the same place!!
Justin´s last blog ..Huntington Beach Computer Repair
I just received a speeding ticket yesterday. I have four points on my record and am on driving probation. This is because of tickets 2 years ago when I first got my license. One point is being dropped in about a month. I am going to do a Trial By Declaration because the police officer told me to.
I was following him and he was going about 80-85, but I was a great distance back, he pulls over to the shoulder waits for me to catch up, and then pulls me over. He asks me how fast I was going, and I said 75. He asks for my license and reg., etc, and walks to his car.
He comes back with a ticket to sign, and I was tearing up and I said can you just hear me out? I am taking 14 units in school and working 2 jobs to put myself through college with little time in between to get home, and if I get another ticket I’ll lose my license. He asked why I got the last ticket and I explained it was coming right off of my street, because I pulled out in front of a car that a CHP was behind, but it was a blind spot on the road. He goes, “It was a blind spot? Okay look, once you get the paper in the mail, call the number and tell them you want to do a Trial by Declaration, and we’ll go from there.”
I said am I going to lose my license, he said no.
And I said my parents are going to give me hell for this.
He said don’t tell them anything.
What do you think this means? Is he going to let me off the hook?
Tell me what you think!
,..] http://www.dwiblog.org is one useful source on this issue,..]
Trial By Declarations are severely underused, considering their success rates. The detailed explanation of the process which you provided is great.
SR22 Insurance´s last blog ..States That Do Not Require SR22
thats interesting you stated you were giong 45-50 in a 40 mph zone yet you admitted yourself you were speeding(45-50/40mph zone)..here’s your sign
Do you have a copy of the note your buddy used to fight an illegal uturn? Everyone always posts about fighting speeding tickets. I can’t find any information online from people who successfully won a U-turn ticket. thanks!