Trial by declaration for Speeding 65/45… (Claim you are defending)
STATEMENT OF FACTS
I respectfully submit this written declaration to the Court pursuant to CVC 40902. (Your state vehicle code) – You need to research your own state code
I plead Not Guilty to the charge of violating CVC 22350 (Your state code)
The facts of my case are as follows: While driving (write in the street or road you were driving and indicate South, North, East, or West bound), on Date, I was stopped by a County Sheriff Department Officer or the highway patrol officer (I.D.#?????) if available and was charged with violating (Your state code) CVC 22350. The Officer has alleged that I was driving 65mph in a 45mph zone based on Radar evidence. I believe that I was driving approximately 50-55mph at the time of my stop and that my speed was quite safe for the prevailing conditions.
Declaration #1: Safe & Reasonable Speed
The Basic Speed Law, (Your state code) 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.”
On my citation, the officer fails to note any of these relevant conditions. At the time of my stop, I can attest that the road was dry and clear with light traffic. 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. I know that I was traveling a Safe and Reasonable speed for conditions on Mulholland when I was stopped.
And furthermore, the posted speed is not the same as the safe speed. The posted speed is a “suggested” speed calculated by multiplying the safe speed by 85%. A measured safe speed of 52mph would be multiplied by 85% to get a suggested speed of 44mph (52mph X 85%= 44mph). This “suggested” speed is then rounded down to a posted speed of 40mph. It is not illegal to go above this suggested speed unless road conditions make it unsafe to do so.
My assertion that my speed was Safe and Reasonable for conditions is supported by the fact that the posted speed limit was 45 mph, (85th percentile speed), indicating that the Safe Speed for Mulholland would be approximately 53mph, not considering that the suggested speed? May have been rounded down from a higher safe speed?
I believe that I was driving approximately 50-55mph at the time of my stop, which is quite safe for the prevailing conditions. Based on this evidence, I know that I was not in violation of the Basic Speed Law at the time and place of my citation and, pursuant to the common sense spirit of (Your state code) CVC 22350, contest that my speed at the time of my traffic stop was therefore not per se unlawful.
Declaration #2: Presence of Another Vehicle
I believe that the officer’s radar may have been tracking another vehicle other than mine. There was another motorcyclist riding in front of me that had just passed me as I proceeded down Mulholland (Your Street or Road). The typical beam angle (spread) of police radar is 12-16 degrees, resulting in a beam width of 1 foot for every 4 feet of travel of the beam from the antennae. Therefore at 160 feet from its source, a police radar beam is typically 40 feet (four lanes) wide.
The officer noted on my citation that my radar-determined speed was 65mph, with no mention of traffic conditions or the distance he had allegedly measured speed from. He could have easily picked up the speed from the other motorcyclist on the road in front of me and wrongly accused me of their actions. It is clear that there is reasonable doubt as to which motorcyclist’s speed his radar unit was indicating.
Declaration #3: Illegal Speed Trap
Further, I believe that the posted speed of 45mph on (Your street or road) Mulholland Highway is artificially low, reflecting an out-of-date traffic and engineering survey and, as such, may constitute an illegal Speed Trap pursuant to (Your state code) 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 (Your street or road) Mulholland Highway is more than five years old, the officer’s use of radar to determine my speed was illegal.
When using radar evidence, the prosecution is required to prove that the use of radar 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,” stated in the previous paragraph.
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 (Your street or road) Mulholland Highway is not an illegal Speed Trap, as they are required to do pursuant to (Your state code) CVC 40803(b), I trust the Court will rule the radar evidence inadmissible and dismiss my case pursuant to (Your state code) 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.”
Declaration #4: Timely Process (if this applies)
I received this infraction on (Your date of citation). My original due date was set for (Your court date). On (Date of communication), I spoke with (Clerks name) at (name of courthouse) Courthouse to handle this ticket and she notified me that my ticket was STILL not entered into the computer system. Due to the slow paperwork processing I was not able to take care of this ticket when it was originally due.
I continued to call the courthouse on several occasions to try to find out when it would be in the system so I could start processing my bail/plea. Several weeks after my original due date of (Date), I received my first and only notice from the courthouse. It included my original due date of (Date), but the postmark date on the envelope proves that they didn’t mail the notice to me until (Date). Afraid and concerned about the past due date, I called the courthouse again to make sure they didn’t put out a warrant for me since I didn’t post bail or enter my plea by (Date). When I called, I was told that the courts already put an extension in for (Date).
I planned to submit a trial by Declaration, but I was heavily loaded with work duties at that time and did not have the chance to respond by (Date). I attempted to call to ask for an extension, but was notified that because the courts already had to give me an automatic extension for their slow paperwork processing, that I was unable to request one of my own. The only thing they could do is give me a court date to enter my plea and post bail.
I live in (your city of residence), so the only way I can attend court is to take a day off of work. I took a day off work and went to the courthouse to ask for permission to enter a trial by Declaration. While I was there, the (name of courthouse) courthouse was severely understaffed which hindered the speedy processing of all the defendants in the courtroom. The original judge was not in, so we were told that we were waiting for the substitute judge. As we were waiting for the substitute judge, he was called away to work at another courthouse. We were, again, left without a judge to hear our cases.
Approximately 2 hours later, the courthouse found a stand-in judge who clearly stated that he was only going to be able to stay there for a couple hours to hear our pleas for a short time until they could find a judge to take care of the rest of the cases. We were all inconvenienced by the lack of a properly staffed courtroom.
Between the inconvenience of the improper staffing at the courthouse and the extended timeframe of the paperwork processing, I feel that I have not had proper processing of my case.
Declaration #5: Wrong Driver License Number (if this applies)
When I finally received a notice from the Superior Court, County of (courthouse), there was an error in my driver’s license number. Following my own conscience to do the right thing, I followed through with the correct proceedings. If I hadn’t, this ticket would not have ever reflected on my own driver’s license.
Due to the multiple Declarations listed above, I believe that there is an abundance of reasonable doubt that I was unjustly charged with this infraction.
If the court does not find in my favor in this case, I request a fine reduction and a Court assignment to attend traffic school.
I declare under penalty of perjury under the laws of the State (Your state) that the foregoing is true and correct.