Brennon

www.ticketassassin.com


He provides templates for your use to use in a trial by declaration...which you always want to do.

The advantage of a trial by declaration (written trial) is that you don't have to show up to court. The officer has to write out what he has to say (not just show up on the day and fight 10 different tickets that he wrote when it's nice and convenient) and he does not get paid overtime to write out his testimony. Then if you lose the trial by declaration you can request a trial de novo (new trial) which allows you to then go to court to plead your case.

Here's a paraphrase of what your defense would look like (i'm assuming he cited you for 22349(a) or exceeding the maxmium speed)


"Section (b) of Speed Law Violations, CVC 22351(b), states: "The speed of any vehicle upon a highway in excess of the prima facie speed limits...or established as authorized in this code is prima facie unlawful unless the defendant establishes by competent evidence that the speed in excess of said limits did not constitute a violation of the basic speed law at the time, place and under the conditions then existing."

The conditions existing at the time and place of my stop (favorable conditions attested to by Officer Carnitas in my citation) were favorable and made the speed I was traveling Safe and Reasonable under these conditions. As such, I know that I was not in violation of the basic speed law at the time and place of my citation and, pursuant to CVC 22351(b), contest that my speed at the time of my traffic stop was therefore not prima facie unlawful"


Of course, if you're going 140 mph, it's hard to use the argument that you weren't violating the basic speed law, but something like 10, 15, or 20 over works.

Brennon

You could also use the minimum speed limit argument...

Paraphrase...

"The maximum speed law, CVC 22349(a), is very simple. It states that it is illegal to travel above 65mph on any California highway (with the exception of highways posted at 70mph). So technically, if you drive at 66mph you are just as guilty as if you drive 100mph. However, you are also bound by a host of other laws such as the the Basic Speed Law, CVC 22350, and the Minimum Speed Law, CVC 22400 when you drive on any California highway.

The Minimum Speed Law states:"No person shall drive upon a highway at such a slow speed as to impede or block the normal and reasonable movement of traffic...."

If the normal movement of traffic on a freeway is 80mph and you are traveling at 65mph or less, clearly you are impeding the movement of traffic and creating a hazard. In this situation, it is safer to obey the Minimum Speed Law, by matching your speed to the traffic flow, then to follow the Maximum Speed Law and cause a hazard by driving at 65mph or slower. "




And if anyone starts the "well you WERE speeding stuff" don't even bother listening. Even the traffic laws are so convoluted it's more or less extortion and they can write you a ticket for whatever they want. If you're going 65 you're impeding traffic; 75 or 80 and you're speeding. Use the spaghetti laws to your advantage.

thebigcheese

s2k1985: i just got it last night on my way back up to pomona lol

latinochino: thanks for the website!

brennon: i'll be sure to use that against them in court, i really appreciate the info because i probably wouldve just given up and paid the fine

S2K1985

why were you speeding man..crazy..BTW the brownies was bomb ...i started feeling light headed after i ate it lol....j/k

thebigcheese

hahahaha, yeah going 78 is my thing. i was being a rebel

i'm glad you liked the brownies hahaha! how many people had it?

S2K1985

just me ahahhaa ..brownies + bear = YYYUUUMMMYYY

S2K1985

ill see you in 2 weeks man for the other money..the coilovers im still getting use too..i tried it with soft its iight and tried it with hard holly crap its bouncy lmao..

thebigcheese

no problem, and it was nice meeting you guys there too! had fun listening to your conversations lol...

oh and uh... i went to the gym... lol

S2K1985

ahahhaha yah it was nice meeting you and your girl..haha glad that we entertained you well lol...and you went to the GYM lmao...your g/f fault for saying that comment to you...

latinochino

GYM

Jayden, did you eat the stuff I left for you?