Originally Posted by HellaDumb

Both of the above are offering BAD ADVICE.

You want to kill absolutely as much time as possible, because a conviction (if eventually convicted) only dings your driving record for 37 months FROM THE DATE OF OFFENSE. Also, in my experience, there has been zero financial penalty for winning/losing. In one case, I lost by written declaration but won when I went to court. There is no other way to get two chances to beat a ticket!

You have a 50% chance of getting back 100% of your bail, not having to go to traffic school, and not EVER having to go inside a courtroom.

If you got nailed for reckless driving or running over children I'd say take your punishment, but 14 mph over the limit doesn't sound unsafe.

Originally Posted by firebert

so you admitted you were guilty of speeding to the cop.. That's not goina play well when you're argueing your case.

Originally Posted by gqchynaboy

Here is one that I will be using

Defendant's Name: ########
Case No.: unknown

I respectfully submit this written declaration to the Court pursuant to CVC 40902. I plead Not Guilty to the charge of violating CVC 22349(a).

The facts of my case are as follows: While driving northbound on Highway 101, just north of the County Dump., at around 10:05am on 3-07-06, I noticed an overtaking car in my lane flash its lights at me. The overtaking vehicle was following very closely, creating an unsafe situation. Since I could not move to the right immediately due to traffic, I accelerated somewhat to pass this traffic so that I could yield to the right of the overtaking vehicle and alleviate this developing unsafe situation. Soon after I safely yielded to the right to the overtaking vehicle, I was stopped by CHP Officer Overzet (I.D.#13054) and charged with violating CVC 22349(a).

CVC 21753 "Yielding for Passing" requires that "the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal or the momentary flash of headlights by the overtaking vehicle...." I do not think it is fair to convict me for momentarily breaking one law in my attempt to obey another and relieve an unsafe situation caused by an impatient driver.

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."

Where I was stopped, Highway 101 is a well-maintained two-lane freeway, quite safe to travel on at a speed slightly above the 65mph maximum limit with the favorable weather (clear and dry) and road conditions that existed at the time of my stop. Since I was required for safety to momentarily accelerate to allow the car overtaking and tailgating me to pass, I contest that my speed in excess of 65mph was necessary, reasonable, and prudent pursuant to the Basic Speed Law.

Section (b) of Speed Law Violations, CVC 22351, states: "The speed of any vehicle upon a highway in excess of the prima facie speed limits...or established as authorized in this code (includes the 65mph max speed limit) is prima facie unlawful unless the defendant establishes by competent evidence that the speed in excess of said limits did not constitute a violation of the basic speed law at the time, place, and under the conditions then existing."

The favorable road and weather conditions existing at the time and place of my stop combined with the necessity to momentarily accelerate to alleviate an unsafe situation with a speeding tailgater, made the speed I was traveling at the time of my stop Safe and Reasonable for conditions. As such, I know that I was not in violation of the basic speed law at the time and place of my citation and, pursuant to CVC 22351(b), contest that my speed at the time of my traffic stop was therefore not per se unlawful.

I trust in the Court's fairness in this matter 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 fine reduction and 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.

Date: 3-07-06

###########

Originally Posted by joltdudeuc

At no point do you address the VC that you were written up for, CVC 22349(a)...

You need to tackle that or else you'll lose since you are basically saying a bunch of stuff, and it means nothing cause you haven't connected that to the VC you were written up for.

-Gagan