any experience with officer soto on Hwy 84?
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Originally Posted by HellaDumb
He wrote me up for 60, though he had me locked in his radar unit at 65 (that's why I think he's actually a cool cop 
By the way, I've beat an 88 in a 65 ticket by declaration as well, so 20 over isn't some myserious or magic number.
You should never mention the speed... because you are actually being cited for violating a specific vehicle code, not a specific speed.
22350:
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."
I basically stated that the road was deserted so there was no persons or property to endanger.
By the way, I've beat an 88 in a 65 ticket by declaration as well, so 20 over isn't some myserious or magic number.
You should never mention the speed... because you are actually being cited for violating a specific vehicle code, not a specific speed.
22350:
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."
I basically stated that the road was deserted so there was no persons or property to endanger.
Out of curiosity that was a ticket off the courthouse in Pleasanton right?
how long did it take to respond with the the dismissal from the time you sent in the written declaration?
cheers
Nick
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Originally Posted by titsataki
did he put speeding in the comments section?
Out of curiosity that was a ticket off the courthouse in Pleasanton right?
how long did it take to respond with the the dismissal from the time you sent in the written declaration?
cheers
Nick
Out of curiosity that was a ticket off the courthouse in Pleasanton right?
how long did it take to respond with the the dismissal from the time you sent in the written declaration?
cheers
Nick
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Originally Posted by HellaDumb
Not sure on that one... he may say he is "selectively enforcing" the law. I'll usually ask the officer what the maximum safe speed is, or at what speed he does not cite traffic at...i.e. 5 or 10 over. If you are only 2 mph over what the cop says is safe, you could argue that indeed the speed was reasonable and safe for the conditions.
I might use the radar evidence argument in your case, because it's not legal for him/her to use the radar evidence from another car against you (you said you had cars ahead and behind you). And always request a current road survey if you are nailed by radar... if not submitted they may toss the case against you.
I might use the radar evidence argument in your case, because it's not legal for him/her to use the radar evidence from another car against you (you said you had cars ahead and behind you). And always request a current road survey if you are nailed by radar... if not submitted they may toss the case against you.
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not only request a current road survey but also a recent calibration of the radar gun etc...
If he does not provide them it can be dismissed to your favor.
I think that when you request a written declaration the officer gets a notification with the due by date as well. If he does not return it on time it counts as no response. But I guess he can request extra time?
But think about it. this is lots of paperwork for them. Plus they got to keep good notes. we only do one of those, he writes ticket upon ticket... can you imagine if he got a wirtten declaration for all of them? He would spend all the time responding.
Also when you get stopped do not admit to anything. Ask them to tell you. It is like admiting guit telling them that you sped up or floored it, how fast you were going, etc.. (prima facia).
Even if you lose in written declaration you can request a new trial (trial de novo). Go there and request traffic school. Nothing to lose lots to gain.
I am sure there are people here that went to "new trial" and plead guilty and requested traffic school.
Regards
Nick
If he does not provide them it can be dismissed to your favor.
I think that when you request a written declaration the officer gets a notification with the due by date as well. If he does not return it on time it counts as no response. But I guess he can request extra time?
But think about it. this is lots of paperwork for them. Plus they got to keep good notes. we only do one of those, he writes ticket upon ticket... can you imagine if he got a wirtten declaration for all of them? He would spend all the time responding.
Also when you get stopped do not admit to anything. Ask them to tell you. It is like admiting guit telling them that you sped up or floored it, how fast you were going, etc.. (prima facia).
Even if you lose in written declaration you can request a new trial (trial de novo). Go there and request traffic school. Nothing to lose lots to gain.
I am sure there are people here that went to "new trial" and plead guilty and requested traffic school.
Regards
Nick
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Originally Posted by Rad One
dang you sure are informative. is this all through experience or is there a references somewhere where i can read more about this? i sent my written declaration in last month too. i got ticketed between castro valley and pleasanton on 580. hope mine gets dismissed too.
As I got older, I wised up and figured I'd at least try "they system" out, and found out that most people don't fight tickets... and that fighting usually works.
Once I learned about ticketassassin.com, I've only had one ticket I didn't fight (45 in a 25... I figured that no judge is going to let you off for doing 20 over in a residential
. Plus I deserved that one 
Fighting a ticket in court is difficult if the cop shows up, because the Judges and Cops are like best buddies. Fighting by mail rocks because cops remember faces... make yourself hard to remember and there's no way he will know which ticket he is making a statement on. Hhahahahahahha pigs. j/k!
Last edited by HellaDumb; May 12, 2005 at 12:37 PM.
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+1 for trial by written declaration! 
The court found me not guilty-- "failure to prosecute." :banana:
If you get a ticket (especially with Officer Soto), I highly recommend trial by written declaration. Fight the ticket-- what do you have to lose? I asked for one extension and then turned in my Trial by Written Declaration at the last day it was possibly due. I got the ticket in May. About six weeks later, I got notice from the court that I'd be getting my money back. w00t.
The court found me not guilty-- "failure to prosecute." :banana:
If you get a ticket (especially with Officer Soto), I highly recommend trial by written declaration. Fight the ticket-- what do you have to lose? I asked for one extension and then turned in my Trial by Written Declaration at the last day it was possibly due. I got the ticket in May. About six weeks later, I got notice from the court that I'd be getting my money back. w00t.
Last edited by resident smurf; Oct 25, 2005 at 05:30 PM.
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