UPDATE: There is this awesome site called Mother Copper and there are tons of examples of Trials by Written Declaration to contest CVC 22350 and other infractions like CVC 22349. This is a must read! And donate to them if you can;)Hello everyone, lately locales all around our state have been increasing traffic patrols to bust people on the road for real and imaginary infractions. This is because they use traffic tickets to generate revenue. I'm sure most of you guys already know this. Anyway the majority of people in California pay their traffic tickets and elect traffic school if they can, but ethically, I strongly believe this is wrong. If someone is driving recklessly and endangering others, then the cops ought to bust their tail and give them a ticket, along with taking other necessary actions. However, if someone is going 64 in a 55 mph road and that is the flow of traffic, then it isn't right for a cop to ticket a person. If you think about it, if a person drives responsibly, is alert and oriented, the driving conditions are clear then so what if they go slightly over the posted speed limit!
The majority of speeding tickets in California are given using California Vehicle Code 22350 which says:
"V C Section 22350 Basic Speed Law
Basic Speed Law
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.
Amended Ch. 252, Stats. 1963. Effective September 20, 1963."Notice that the relevant elements of the vehicle code are weather, visibility, traffic on the road, road width and surface conditions and safety of persons and properties.
A few months ago, my husband was on a local highway next to our home. He came across a pickup truck that was moving erratically and decided that the safest course of action would be to get away from it. My husband momentarily exceeded the speed limit to get away from this reckless driver, as he was concerned for his safety and others on the road. He got a ticket for allegedly driving 64mph in a 50mph zone. Since our car needed work and was having problems accelerating, it is unlikely that he was going that fast, but he did exceed the posted limit by his own admission. He told the police officer that the truck was obstructing him so that's why he decided to accelerate away from it. The police officer acknowledged that he saw the truck but still gave my husband a ticket. He ticketed him for violating the basic speed law, CVC 22350 which I cited above.
I found out that in California, if you get a speeding ticket, you can contest it in court or with a trial by written declaration. If you contest the ticket with a trial by written declaration and are dissatisfied with the judges' ruling, then you can request a trial de novo (new trial) in person.
This is the only area of law that allows a person to get a new trial if they are dissatisfied with a judges' ruling! So for strategic purposes, we decided to submit a trial by written declaration for my husband because if it failed, then we could always prepare for an in court trial by conducting formal discovery etc.
I also read that police officers get paid over time for coming to in person court trials, but that they do not get paid overtime for submitting a trial by written declaration statement. In other words you create little incentive for them to respond to your statement because they don't get paid extra for submitting one!
Anyway, I was incensed that the ticket cost $221.00, which screwed up our tight budget! And on general principle I view it as extortion by the state because if you cannot pay and don't know about the installment option, you can lose your license, credit rating, insurance and even your car! Without rambling about personal sovereignty, we were both pissed that we had to pony up that money because you have to post bail even if you do a trial by written declaration. To give ourselves more time for me to do research, we got a continuance for a month, which relieved some financial pressure. Then after the month, we submitted the bail along with our Request for a Trial by Written Declaration form. In California, they try to trick you because the 'Request for a Trial by Written Declaration is not a request at all; instead it is a form in which you actually plead your case, submit it to the judge and after reading your statement and the statement of the officer (provided he submits one) the judge makes their decision on your case.
I helped a buddy get out of a debt collection lawsuit last year and discovered a few things. The first is that lawyers have to process a lot of paperwork and often try to do as little work as possible. Thus, if you can give your case a lot of time and research, you are likely to do well with debt collection suits, traffic tickets, bankruptcy protection and foreclosure actions. Other areas of law may be a bit more tricky to navigate as a pro se litigant. Secondly, if you can look at winning pleadings of related cases in your local law library or online, you've eliminated half the burden. Judges tend to be idiosyncratic in how they apply the law, but one thing they seem to appreciate is tight legal writing. They don't like too much fluff or frills but want the legal writings to get straight to the point.
My husband was ticketed for violating the Basic Speed Law, although he drove in a way to preserve his personal safety. Therefore, in order to prevail, we needed to address EACH and EVERY element of the law and why it was inappropriate for the officer to cite my husband for it. Here is an example below:
Thus, in the trial by written declaration, we did not need to tell the judge that my husband w
'wasn't going that fast' or that 'our car needs work and couldn't go that fast' because your speed is not the issue when you are cited for CVC 22350; your sound driving judgment is at issue when you are cited for it! Therefore a proper response is this:
"I was driving on East on --- Road in the right lane on 2/2/10 and the weather was overcast but there was visibility up to about a mile in front of me. The traffic on the road was intermittent and light, the road surface was smooth and navigable without obstructions. At the intersection of --- Road and --- Blvd, I saw a truck driving on the right side of the road at alternately high and low speeds. Given the erratic behavior of the driver, I decided it would be safer for me and other drivers on the road if I got away from that truck. As I began to accelerate to get on the left side to pass the truck, it began to accelerate to match my speed, then slowed down, I accelerated until I passed the truck on the left and then signaled and moved over to the right side of the road. I was pulled over by Officer --- at the corner of ---Road and ---Ave. He said that I was going 64mph and cited me for violating CVC 22350. However, in the interest of justice the court should be moved to dismiss this ticket since it was inappropriately given to me.
The weather was overcast but the road was clearly visible, the road conditions were reasonable and the traffic was light. I drove defensively in such a way as to AVOID an accident, taking care not to further endanger people and property. I acted with good driving judgment and likely avoided an accident that day. For this reason, I move the court to dismiss this case.
I certify that everything I've written is true and correct, and if called to testify in a court of law, I would do so."Notice how you don't deny going 64mph because that was not the issue. The issue was weather you drove appropriately and safely given the conditions of the road. And within the context of the law you DID. Hehehe We got the dismissal from my husband's case in the mail today.
They will refund our money within 60 days;)
Labels: CA speeding ticket, speeding, speeding ticket, traffic ticket, trial by written declaration, trial de novo california traffic