Midnight Runner

I got a ticket for speeding. 55 in a "35" . It was $181, and I'm gonna fight by trial by declaration. i think I have a legit chance of getting off, but I want to make my argument solid and fool proof.

It was a clear night when I turned north on corbin out of the target shopping center. I then turned right on to Nordoff WAY. Where i sped off over the fat bridge until the light at Tampa, where i stopped and saw the cop behind me.

Now on the ticket:

-The police officer wrote, it was in a 35. There are no signs where I turned on to Nordoff WAY that say what the speed limit is. By law speed limits do no have to be posted unless there is a change in the speed limit on a particular street. However, the signs before and after where I was driving say the speed limit is 40, not 35. The other part of it is that there is a bridge, but the bridge is 3 lanes wide in each direction.

-Also on the ticket, It said i was on Nordoff St, when I was driving on Nordoff WAY. They aren't the same street because the street splits in two. Anyone familiar with the area knows there are two Nordoffs, just with different suffix's.
Doesn't the ticket place me in a completely different place than where I was?

When i received the courtesy notice, there were a couple of mistakes. The last letter of my last name is wrong, and the first digit of the li plate of the car I was driving is also wrong.

Are any of these grounds for dismissal of my ticket?
Are there specific vehicle codes that I can cite to prove that i should be let off?

Any help is greatly appreciated. Thanks

T S2K H

my guess is that you could get away with those reasons. especially the 40 zone thing. just take plenty of pictures and work your way from there. i know exactly what intersection and nordhoff youre talking about, i take that route home from work. but anyways, i got a ticket in december for exhibition of speed going southbound on topanga. he said i pulled up to the light at lassen and peeled out for 15 feet. and he said i was traveling at a high rate of speed southbound, thats why he didnt pull me over until i passed roscoe. anyways, on the ticket he wrote i was speeding at 50 in a "35" zone. i took plenty of pictures of the road to prove there wasnt skid marks and the speed limit sign which clearly states it was a 45 zone. so i think youve got something going there, but thats just my honest opinion. anyways though i wish you luck with that cuz i know first hand that 1) "most" (i say most because not all) cops are a hassle to deal with and 2) the court system for traffic violations suck ass. but goodluck... keep us informed.

forsaken

Wrong license plate and wrong last name, i would say you have a chance.

GoTuningTommy

I agree with him as well! Same goes for " T S2K H " comment. Good luck!

OverBooster

I think you have a lot of valid points. Go for it and good luck!! Let us know what happens

Ryan

ashmason

Hmm, I hate to say it but you would have a lot more chance if you went in person.

My experience is, hey if they guy can't be bothered to turn up, then tough.

I was in a similar situation a few years ago. My ticket was up in Pismo Beach so I did the trial by declaration and just got back a notice saying. Guilty.

Midnight Runner

What would be the chances of him showing up?

He wasn't camping out anywhere looking to bust people, otherwise he would have gotten the speed limit part right. So if he wasn't camping out to bust people then how likely is it that there will be a large group of other people that have to show up in court.

I'd rather save the time, and do it in writing and only show up in court after i get charged guilty to fight it again since I really do feel like I have a chance.

Is the courtesy notice official enough where if the infomation is not correct, i should be let off. I mean everything on the ticket is correct. I'm sure it was due to some data entry error on the courtesy notice.

Is what appears on the courtesy notice, what appears in the Courts computer system? Too bad they didn't put down the wrong license number also.

MelinaMadness

http://ticketassassin.com

I would not argue the simple details of mistakes made by the officer. you would better argu the Maxa Faca law that says you were not guilty of speed

Check out this great site above for all kinds of details and help with a the "Trial By Declaration" letter and the overall process.

here is a brief discription of what they have about your case................Safe Speed for Conditions

"It is not, in itself, illegal to exceed posted limits in California in 30-50mph zones. Posted speed limits of 30-50 mph are "suggested" speeds based upon a speed survey of the road. It is only illegal to exceed these suggested speeds if road conditions make it unsafe to do so.

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."

In these cases, the officer is required to record the road conditions at the time of the stop. If it was pouring rain with heavy traffic, and you were driving 10-15mph above the posted limit, this is not safe at all and the ticket is probably quite justified. However, if the weather was clear and dry with light to medium traffic, it might be completely safe to drive at 10-15 mph above the suggested speed limit. In these cases a Basic Speed Law citation is unjustified, though most officer's will write them anyway.

Motorists are easily fooled into believing that they broke the Basic Speed Law . Most officers never mention that they are citing you for driving at an "unsafe speed for conditions." The police will simply state,"You were going 50 in a 40 zone. Sign your ticket." You know that you were driving above 40 mph, so you accept the ticket, assuming that you're guilty.In reality, if your speed of 50 mph in a 40 mph zone was not endangering life and property, then driving at that speed was not illegal."

GOOD LUCK.

Midnight Runner

I will be using some material off of the ticket assasin website. I tried it once before, but didn't try at it very hard.

I think the officer wrote unsafe speed on the ticket, but i have to check.

Just an FYI to people, I extended my deadline by 2 months.. he he

jshmoe

Nordhoff attracts cops like a magnet in the shape of a donut. Gotta be careful. Good luck on your ticket. I hope you get out of it.

jshmoe