Last summer I was pulled over on a Monday morning around 9 A.M. for violation of speeding. It was on a 4-lane street, 2 lanes for each direction. The street leads to I-80 freeway entrances, so it is always very busy during commute hours. The intersection which the officer claimed that I was speeding was just 3 blocks away from the freeway ramp. In fact, when he signaled me to pull over from behind, I had just turned left to get on the freeway. I had to pull over to the side of the ramp. I had no idea why I was pulled over. My mind quickly thought about my car registration, which was up to date. When he told me that I was speeding and asked me whether I knew the speed limit on that particular street. I told him the correct speed limit; however, he indicated that it was 25 mph and not 30 mph as I stated. He claimed that I was going 40 mph in the 25 mph zone.
I have lived in this area for more than 25 years. The speed limit of this 4-lane street was 30 mph for as long as I could remember, but apparently, with the increase of traffic and population, it was adjusted to 25 mph in the last 5 years except the part that is 500 feet right before the freeway ramps. Since I was not aware of being speeding, naturally, I stated that the speed limit was 30 mph because that was the last speed limit sign I saw before being pulled over.
The officer claimed that his Lidar had locked down my speed as 41 mph and issued me a ticket for it. Most people assume that if you drive over the speed limit, you are speeding and breaking the law; hence, you are guilty, case closed. What most people don't know is that a person traveling over the speed limit—but less than the usual 65 mph maximum speed limit (55 mph for two-lane undivided highways)—isn’t necessarily violating the basic speed law.
"What you are really being charged with is driving “at a speed greater than is reasonable or prudent….” The posted or otherwise defined speed limit is only presumed to be the “reasonable or prudent” speed. When you are ticketed for exceeding the posted speed, the officer is taking advantage of a legal “presumption” that anything above the posted speed is unsafe." (Fight Your Ticket & Win in California, Nolo, 13th edition, page 35). Since I am a squirrel without a full time job, it would be against my principle if I didn't fight for this ticket. For the following days after the citation was issued, I took over 20 photographs around the same time on that stretch of the street. I wanted to the photographs to show the road and traffic conditions at approximately the same time each day. I made sure the photos show the street signs and other significant signs that may be favorable to my defense.
I followed the book's advice and mailed out an informal discovery request. I did receive the discovery, including a copy of Engineering and Traffic Survey for the part of street where the alleged violation occurred, within 20 days - the time frame the prosecution (in my case, the police agency that issued the citation) needed to respond. I then submitted my request for trial by written declaration. I have done written declaration in the past and had the citation dismissed. This is particularly useful if you get a citation far away from home. Last time I did this, I was driving to Reno with a friend. My friend also wrote a witness statement for my written declaration. That case was dismissed. Even if you are in your own neighborhood, it still doesn't hurt to have a trial by written declaration. If you are found guilty, you can always request for a new trial, Trial De Novo, to appear in traffic court.
I mailed in my written declaration in late October. I had to pay the bail, which was the amount of the citation, $ 356.00. If the judge found me not guilty, it would be refunded to me. I enclosed a Google Map printout and a few photos printed on regular paper with a color printer in addition to my statement. I admit that the printouts didn't have the best quality. I also had to dig up an old typewriter (yes, typewriter!) to type on the first page of Request for Trial by Written Declaration form.
In January, the verdict came in the mail and I was found guilty. I was very surprised since I pointed out that the Engineering and Traffic Survey was expired from its basic 5-year lifespan. I took a few days to think over and decided to move forward. I went to the traffic court clerk's office to file for Trial De Novo. You can do this by mail, but it would take much longer to hear back from them. Since I don't have a regular job, I just drove there to take care of it in person and got my trial date on the spot. While I was there, I requested a copy of the officer's written declaration, which is public record. After I read it, it was understandable why I was found guilty. The officer covered everything as if he knew I was following the book. He stated that he had completed various training courses; thus, the validity of the Engineering and Traffic Survey was extended to 7 years.
A week before my trial, I read the officer's declaration repeatedly and very carefully. I looked up the Operator's Manual, Training Manual, and Specifications of Kustom Signal Pro Laser III (Thank you, Internet!), which was the hand held Lidar unit the officer was using that day. I needed to know how it works and its limitations. I prepared a Peremptory Challenge form, so I could disqualify the judge if I found him siding with the police officers. I went back to the location to take additional photos to show a vacant 3-acre lot right next to the intersection, which the officer claimed that it was unsafe to drive above speed limit due to its residential nature. I had the photographs printed at a drug store on photo paper and printed a satellite view via Google Maps of the area to show the large empty lot. I made a diagram of the location on my large 18"x24" sketchpad with multi-colors to indicate streets, street signs, traffic signals, and measurements. Lastly, I prepared a list of questions for the officer:
“Where were you located when you first saw my vehicle?”
“Where was my vehicle when you first saw it?”
“Was your engine idling, or was it off?”
(If idling, you can later argue that he was already intent on stopping someone regardless of whether he saw a violation or not.)
If the engine was off:
“What did you do to start your vehicle?”
“Did you turn on your lights?”
“Did you use your two-way radio?”
“Was there any other traffic on the road other than your vehicle and mine?”
“Could you describe the make, model, or color of the vehicles around you?"
“How fast was the flow of traffic?”
If slower than your vehicle, ask:
"Did you see my vehicle passing any others?”
“Could you describe the vehicles I passed, by make, model, or color?”
“Do you consider yourself to have fairly well-developed powers of observation and memory for details concerning weather and road conditions?”
“Isn’t it true there were no sharp curves over the area you say you determined my speed?”
“There were no road repairs in progress, were there?”
“Was the road pavement dry?”
“Was the visibility good?”
“There weren’t any other obstructions in the road, were there?”
“There weren’t any soft shoulders that you saw, were there?”
“There were no pedestrians or bicyclists present, were there?”
“Isn’t it true this entire block of X Avenue is an empty lot with no residents?”
“Did my speed change after you observed me?”
“Have you ever participated in controlled tests where you were asked to estimate vehicle speeds?” If the officer says he has participated in such tests, ask whether he always guessed the exact speed correctly.
A week before the trial, I stopped by the traffic court and sat in to get a feel for what the judge was like. One the date of the trial, I ended up with the same judge who found me guilty with the written declaration. After extended observation, I decided that he was fair and even a nice and caring person, so I didn't file for peremptory challenge to get a different judge.
A group of police officers showed up from various departments in the area. I spotted the one who issued me the citation, so I knew the case was not going to be dismissed. I had to move forward with everything I prepared. I watched the people before me testifying against their issuing officers. Most of the defendants came totally unprepared. A few of them tried their best on the spot. The judge was extremely patient with each person. I have seen very harsh judges who showed displeasure from having to deal with people who were obviously not legal professionals.
I cross-examined the officer after he made his statement, which was almost identical to his written declaration. He was most likely surprised by the amount of questions I had. I presented the judge with all of my photographs and diagram, which were marked as evidence. I emphasized on the road and weather condition, and that it was safe to drive at the speed I was driving. I never admitted that I was driving at 41 mpr. In fact, I stated that I was not speeding and if I was over the speed limit, it was by only a few miles and perfectly safe. The judge immediately gave his verdict after giving the police officer another chance to speak following my statement. I almost couldn't believe it when he said "not guilty." I thanked the judge, packed up all my paper, and left the courtroom. I stopped by the clerk's office to confirm that a check in the amount of my bail will be mailed to me in the next month or so.
There are many unemployed people out there right now. If you get a traffic ticket, do yourself a favor and get Nolo's How to Fight Your Ticket and Win in California (assuming you are in California). It could save you hundreds of dollars. My previous copy, 6th edition, had save me hundred of dollars, too.
