Proof Read My Trial By Written Declaration!
02-12-2003, 09:42 PM
#1
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Proof Read My Trial By Written Declaration!
Here it is, let me know if you think it's good. I turn it in tomorrow.
-Gagan
STATEMENT OF FACTS
Defendant's Name: Gaganpreet Singh Bains
Case No.: 20950167
I respectfully submit this written declaration to the Court pursuant to CVC 40902. I plead Not Guilty to the charge of violating CVC 22350.
The facts of my case are as follows:
While driving on Syracuse Street in Union City at 15:10pm on 12-03-02, I stopped along side the road where my brother and 2 cousins were waiting for me to pick them up. Across the street there was an officer issuing a ticket to a driver, their direction of travel was opposite of mine. When I stopped the vehicle, and looked to my brother, he looked at me, and reached for the door handle, and then stopped. I looked over to my left to see the officer had walked across the street, and the officer (I.D. #1329) asked me for my “license, registration and proof of insurance”, and to also “turn my engine off”. I quickly did so, and he requested that I stay where I was. The officer then walked back across the street to continue his business with the other driver. I did not know why he asked for my information. At approximately 15:15pm another officer came (I.D. #1566) and talked to the first officer. The second officer then came and filled out the ticket, asking me what kind of vehicle it was. He then asked me to sign the ticket, when I saw that it was speeding, I stated “but this is a speeding ticket”, and the officer replied, “Yes, that officer there said you were speeding.” I signed the slip, charged with violating CVC 22350. The first officer has alleged that I was driving 35+mph in a 25mph zone. In fact, I was traveling 30mph in a posted 25mph zone.
The first officer asserts that I was driving in a school zone with a temporary prima facie speed limit of 25mph, which is the sole basis of my citation. However, the officer did not cite me for driving in a prima facie school zone, CVC 22352(2) (b); he cited me for breaking the Basic Speed Law, CVC 22350. I did not break the Basic Speed Law. I know that I was traveling a Safe and Reasonable speed for conditions at the time of my stop, 30mph in a posted 25mph zone.
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."
At the time of my stop, the road was dry and clear with near zero traffic, as I was the only car at that moment upon the roadway. No persons or property were put at risk by my driving 30mph in a posted 25mph zone. The mere act of driving near a school at 30mph in a 25mph zone is not assumed to "endanger the safety of persons or property" under the Basic Speed Law. As such, the officer does not make a credible case that I was in violation of the Basic Speed Law at the time of my stop.
The Prima Facie Speed Limit: School Zone, CVC 22352(2)(b), states: ”(2) Twenty-five miles per hour: (B) When approaching or passing a school building or the grounds thereof, contiguous to a highway and posted with a standard "SCHOOL" warning sign, while children are going to or leaving the school either during school hours or during the noon recess period. The prima facie limit shall also apply when approaching or passing any school grounds which are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a standard "SCHOOL" warning sign. For purposes of this subparagraph, standard "SCHOOL" warning signs may be placed at any distance up to 500 feet away from school grounds.”
The speed limit sign in school zones states: “SPEED LIMIT 25mph”, and under that “When children are present”. School ends at 2:50pm at James Logan High School. Therefore, as the only minors present at 15:10pm were my brother and two cousins, who where watching me, and I them, as I pulled up, I feel that I under the CVC 22350, basic speed law violation, I was under conditions and a speed that is safe.
Further it is my understanding that this was not a ticket issued where the use of radar was involved, as the check box was not checked, and that the officer was standing next the to the driver window of the vehicle he has stopped prior to my arrival. Since the officer was again standing, and tending to another driver, he was not pacing behind me.
I trust in the Court's fairness and believe that my citation should be dismissed in the interest of justice.
If the court does not find in my favor in this case, I request a Court assignment to attend traffic school.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
-Gagan
STATEMENT OF FACTS
Defendant's Name: Gaganpreet Singh Bains
Case No.: 20950167
I respectfully submit this written declaration to the Court pursuant to CVC 40902. I plead Not Guilty to the charge of violating CVC 22350.
The facts of my case are as follows:
While driving on Syracuse Street in Union City at 15:10pm on 12-03-02, I stopped along side the road where my brother and 2 cousins were waiting for me to pick them up. Across the street there was an officer issuing a ticket to a driver, their direction of travel was opposite of mine. When I stopped the vehicle, and looked to my brother, he looked at me, and reached for the door handle, and then stopped. I looked over to my left to see the officer had walked across the street, and the officer (I.D. #1329) asked me for my “license, registration and proof of insurance”, and to also “turn my engine off”. I quickly did so, and he requested that I stay where I was. The officer then walked back across the street to continue his business with the other driver. I did not know why he asked for my information. At approximately 15:15pm another officer came (I.D. #1566) and talked to the first officer. The second officer then came and filled out the ticket, asking me what kind of vehicle it was. He then asked me to sign the ticket, when I saw that it was speeding, I stated “but this is a speeding ticket”, and the officer replied, “Yes, that officer there said you were speeding.” I signed the slip, charged with violating CVC 22350. The first officer has alleged that I was driving 35+mph in a 25mph zone. In fact, I was traveling 30mph in a posted 25mph zone.
The first officer asserts that I was driving in a school zone with a temporary prima facie speed limit of 25mph, which is the sole basis of my citation. However, the officer did not cite me for driving in a prima facie school zone, CVC 22352(2) (b); he cited me for breaking the Basic Speed Law, CVC 22350. I did not break the Basic Speed Law. I know that I was traveling a Safe and Reasonable speed for conditions at the time of my stop, 30mph in a posted 25mph zone.
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."
At the time of my stop, the road was dry and clear with near zero traffic, as I was the only car at that moment upon the roadway. No persons or property were put at risk by my driving 30mph in a posted 25mph zone. The mere act of driving near a school at 30mph in a 25mph zone is not assumed to "endanger the safety of persons or property" under the Basic Speed Law. As such, the officer does not make a credible case that I was in violation of the Basic Speed Law at the time of my stop.
The Prima Facie Speed Limit: School Zone, CVC 22352(2)(b), states: ”(2) Twenty-five miles per hour: (B) When approaching or passing a school building or the grounds thereof, contiguous to a highway and posted with a standard "SCHOOL" warning sign, while children are going to or leaving the school either during school hours or during the noon recess period. The prima facie limit shall also apply when approaching or passing any school grounds which are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a standard "SCHOOL" warning sign. For purposes of this subparagraph, standard "SCHOOL" warning signs may be placed at any distance up to 500 feet away from school grounds.”
The speed limit sign in school zones states: “SPEED LIMIT 25mph”, and under that “When children are present”. School ends at 2:50pm at James Logan High School. Therefore, as the only minors present at 15:10pm were my brother and two cousins, who where watching me, and I them, as I pulled up, I feel that I under the CVC 22350, basic speed law violation, I was under conditions and a speed that is safe.
Further it is my understanding that this was not a ticket issued where the use of radar was involved, as the check box was not checked, and that the officer was standing next the to the driver window of the vehicle he has stopped prior to my arrival. Since the officer was again standing, and tending to another driver, he was not pacing behind me.
I trust in the Court's fairness and believe that my citation should be dismissed in the interest of justice.
If the court does not find in my favor in this case, I request a Court assignment to attend traffic school.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
02-12-2003, 09:55 PM
#2
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I'm not perfectly familiar with traffic court particulars, havong never been cited myself, but it seems very well prepared. Did you use Pre-Paid Legal for assistance, or just know the law really well?
02-12-2003, 10:06 PM
#3
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Originally posted by BAN SUVS
I'm not perfectly familiar with traffic court particulars, havong never been cited myself, but it seems very well prepared. Did you use Pre-Paid Legal for assistance, or just know the law really well?
I'm not perfectly familiar with traffic court particulars, havong never been cited myself, but it seems very well prepared. Did you use Pre-Paid Legal for assistance, or just know the law really well?
I hope it good enough.
-Gagan
02-12-2003, 11:10 PM
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<edit because I'm stupid and can't read>
I would totally agree with your Basic Speed Law argument...I think you have a great shot.
Good luck,
Eric
I would totally agree with your Basic Speed Law argument...I think you have a great shot.
Good luck,
Eric
Last edited by mexicanpizza; 02-12-2003 at 11:13 PM.
02-12-2003, 11:23 PM
#6
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Originally posted by mexicanpizza
<edit because I'm stupid and can't read>
I would totally agree with your Basic Speed Law argument...I think you have a great shot.
Good luck,
Eric
<edit because I'm stupid and can't read>
I would totally agree with your Basic Speed Law argument...I think you have a great shot.
Good luck,
Eric
-Gagan
02-12-2003, 11:28 PM
#7
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well it sounds good, and I wish you the best of luck... but the thing is that 90% of the time, from what I hear from officers, is that the officer never sends anything in. so it would be just like taking it to court and not having the officer show up.
oh and I would not say that you were doing 30 in a 25... just say that you were doing the speed limit. the judge might look at that and say that you are pleading not guilty yet admitimg to speeding.
~jeff
oh and I would not say that you were doing 30 in a 25... just say that you were doing the speed limit. the judge might look at that and say that you are pleading not guilty yet admitimg to speeding.
~jeff
Last edited by newbie; 02-12-2003 at 11:30 PM.
02-13-2003, 01:01 AM
#8
just a tip:
but WTF is "15:10pm"???
if you are using military time, then it would be "1510 hours."
or just use regular "3:10 pm."
to me it's like a subtle but glaring mistake like effect vs affect or the use of TO and TOO...
anyways... GOOD LUCK
but WTF is "15:10pm"???
if you are using military time, then it would be "1510 hours."
or just use regular "3:10 pm."
to me it's like a subtle but glaring mistake like effect vs affect or the use of TO and TOO...
anyways... GOOD LUCK
02-13-2003, 06:12 AM
#9
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Originally posted by joltdudeuc
While driving on Syracuse Street in Union City at 15:10pm on 12-03-02, I stopped along side the road where my brother and 2 cousins were waiting for me to pick them up.
I don't suppose that either your brother or two cousins attend that school that just let out prior to your arrival?
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 have a friend who used this statute to argue his case in court over twenty years ago, while fighting a speeding citation he received while riding his motorcycle. He lost, but I seem to recall that the fine was reduced.
The judge told him that the Basic Speed Law works in conjunction with the posted speed limit and does not supercede it. In other words, you could argue that a citation received for doing 120 mph on a stretch of Hwy 5 was perfectly safe for the conditions at the time but if the posted limit is 70 mph, you will be liable for the difference regardless of how safe it was. How the Law applies is when you are cited for going 70 mph on that same stretch of highway, but in unsafe conditions such as very dense fog. You can again be cited for driving too fast for the conditions at the time.
I wish you luck with your case.
--
^ww^
"...axles of evil..." - George W. Bush
While driving on Syracuse Street in Union City at 15:10pm on 12-03-02, I stopped along side the road where my brother and 2 cousins were waiting for me to pick them up.
I don't suppose that either your brother or two cousins attend that school that just let out prior to your arrival?
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 have a friend who used this statute to argue his case in court over twenty years ago, while fighting a speeding citation he received while riding his motorcycle. He lost, but I seem to recall that the fine was reduced.
The judge told him that the Basic Speed Law works in conjunction with the posted speed limit and does not supercede it. In other words, you could argue that a citation received for doing 120 mph on a stretch of Hwy 5 was perfectly safe for the conditions at the time but if the posted limit is 70 mph, you will be liable for the difference regardless of how safe it was. How the Law applies is when you are cited for going 70 mph on that same stretch of highway, but in unsafe conditions such as very dense fog. You can again be cited for driving too fast for the conditions at the time.
I wish you luck with your case.
--
^ww^
"...axles of evil..." - George W. Bush
02-13-2003, 08:01 AM
#10
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I'm relying more on the fact that he could've only eyed me for like 150ft at the most. no radar, and no pacing.
that's all he had, and with my loud *** car that day, the attention was there... i rebolted the fitment, so it's back to it's old self, by the way.
-Gagan
that's all he had, and with my loud *** car that day, the attention was there... i rebolted the fitment, so it's back to it's old self, by the way.
-Gagan
02-13-2003, 08:04 AM
#11
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Originally posted by Wingless Wonder
Originally posted by joltdudeuc
While driving on Syracuse Street in Union City at 15:10pm on 12-03-02, I stopped along side the road where my brother and 2 cousins were waiting for me to pick them up.
I don't suppose that either your brother or two cousins attend that school that just let out prior to your arrival?
Originally posted by joltdudeuc
While driving on Syracuse Street in Union City at 15:10pm on 12-03-02, I stopped along side the road where my brother and 2 cousins were waiting for me to pick them up.
I don't suppose that either your brother or two cousins attend that school that just let out prior to your arrival?
-Gagan
02-13-2003, 11:43 AM
#12
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Well worded... I agree with the time, since you site school getting out at 2:50, and subsequently try to emplore military time. Choose one style and stick to it.
Otherwise, that is well written. Good luck.
BG
Otherwise, that is well written. Good luck.
BG
02-13-2003, 01:31 PM
#14
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throw this text in....
'"in the spirit of the law", I shouldn't be cited for 5mph over the limit.'
I've seen Judges scold officers for bringing in cases where the speeder was only 5 or 10 mph over the limit.
Good luck Gagan!
I've seen Judges scold officers for bringing in cases where the speeder was only 5 or 10 mph over the limit.
Good luck Gagan!
02-13-2003, 02:07 PM
#15
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Originally posted by joltdudeuc
Ticket Asassin for help. I knew about the CVC, and some of the laws, but since reading his site, and getting the forms, i've read up on a WHOLE lot of things.
I hope it good enough.
-Gagan
Ticket Asassin for help. I knew about the CVC, and some of the laws, but since reading his site, and getting the forms, i've read up on a WHOLE lot of things.
I hope it good enough.
-Gagan
jonathan
Last edited by ilmaestro; 02-13-2003 at 02:09 PM.