tag:blogger.com,1999:blog-18741966.post3908154452102578885..comments2023-08-27T02:42:43.744-07:00Comments on Sarit's Blog: How I Beat my Speeding Ticket (Part 3)Sarithttp://www.blogger.com/profile/16696253968862049941noreply@blogger.comBlogger38125tag:blogger.com,1999:blog-18741966.post-26249530316071430222015-10-06T23:48:27.248-07:002015-10-06T23:48:27.248-07:00Very Nice post it is! This is a great post about ...Very Nice post it is! This is a great post about <a href="http://www.beatspeedingtix.com/" rel="nofollow"> How to beat speeding ticket </a>.Beatspeedinghttps://www.blogger.com/profile/03878503699535441990noreply@blogger.comtag:blogger.com,1999:blog-18741966.post-86600072508479721752014-11-16T18:57:48.750-08:002014-11-16T18:57:48.750-08:00This comment has been removed by the author.www.loveme-book.comhttps://www.blogger.com/profile/12180923931156091441noreply@blogger.comtag:blogger.com,1999:blog-18741966.post-30479422062891206262014-11-16T18:55:28.744-08:002014-11-16T18:55:28.744-08:00
After the light turned green at the Highway 121...<br /><br />After the light turned green at the Highway 121/Napa Road Junction I began driving on Highway 121 where the road became a divided highway going toward Napa County. Seeing 2 large trucks ahead, I pulled over into the designated“ Passing Lane. Zone” I slowly excelerated as there was a car ahead of me in the same lane. Immediately I saw a Police Vehicle on the side of the road with the officer waving his arm to move over to the right. The car ahead of me and myself moved over to the shoulder and stopped wherein the Police care pulled out and we followed. The Police car then pulled use over to the shoulder again. <br /><br />The office came over and asked me if I knew why I was stopped and I said no. He said I was “going 80 miles an hour and tailgating”<br />He said it was a 55 mile an hour zone. He asked me if I knew how fast I was going and I said I did not know . I told him it was the first time I was ever stopped in my 38 years of driving. <br /><br />He returned with a ticket saying he put down 75 miles and hour so the fine would not be so great. I asked him to help me understand how one is supposed to pass if the cars in the right lane are all going faster than the 55 miles an hour. He said he knew and they should all get tickets. <br /><br />Having never had a speeding ticket, I did not know to ask how my speed was determined, and ask about calibration Most significantly I was the driver of the vehicle behind the lead car and in most cases the lead car travels at a faster speed. The car was also larger than mine and closer to the officer and his vehicle and this would result in that vehicle’s reflected Radar signal being stronger I did not see a Radar gun. Although the ticket says it was <br />Fighting the ticket means missing work . I was tagged in Sonoma Countyy a Napa County CHP…I found out. The County seat Court is in Santa Rosa about an hour from my home and about an hour from Napa ….should I fight it? Your help please thanks Claudia<br />www.loveme-book.comhttps://www.blogger.com/profile/12180923931156091441noreply@blogger.comtag:blogger.com,1999:blog-18741966.post-78336330963736783572014-11-16T18:44:40.595-08:002014-11-16T18:44:40.595-08:00I got a 27349(B) said I was going 80 and was tailg...I got a 27349(B) said I was going 80 and was tailgating in a designated short passing zone as there was a large truck going up a hill. He waved me and another car in front of me over. After seeing that I never had a driving ticket in 38 years he said he would make it for 75 MPH and I could go to traffic school. I did not know to ask about the Radar. <br />He was waiting on the side of the road and I know I was not going those speeds as my son got ticketed there many years ago and I am extremely careful!<br />Any way, can I argue that identifying one target from another is difficult, especially when the lead car is larger and also question about the calibration? I was ticketed in Sonoma, by a Napa CHP and I have to go to Santa Rosa from my home in Marin which is at least an hour away. Will miss work as the hearings are only on two afternoons.<br />I read that officers often don't show when the trial is in the County Seat office….far from them? ANy advice. thanks so much, claudiawww.loveme-book.comhttps://www.blogger.com/profile/12180923931156091441noreply@blogger.comtag:blogger.com,1999:blog-18741966.post-18066643350126268172014-11-16T18:18:37.270-08:002014-11-16T18:18:37.270-08:00This comment has been removed by the author.www.loveme-book.comhttps://www.blogger.com/profile/12180923931156091441noreply@blogger.comtag:blogger.com,1999:blog-18741966.post-3043952858991577742014-09-24T13:01:46.201-07:002014-09-24T13:01:46.201-07:00My TBD ended with the judge finding me guilty.
I h...My TBD ended with the judge finding me guilty.<br />I had 20 days from the time the court clerk sent me the notification, which I received days later.<br />Too late now to ask for a trial de novo, so I would like to go to traffic school so my record stays intact, but I cannot find info on how to do this.<br />The court is in Chatsworth, CA (part of Los Angeles.Anonymoushttps://www.blogger.com/profile/02064922371379933137noreply@blogger.comtag:blogger.com,1999:blog-18741966.post-25220078417045083032013-08-29T13:22:19.552-07:002013-08-29T13:22:19.552-07:00Hi Sarit,
Great posts regarding your handling of ...Hi Sarit,<br /><br />Great posts regarding your handling of your ticket. I have not received anything from my discovery request and am going to file a motion to compel or dismiss. It seems you have done this and I appriciate your tips, but would you be willing to post or send me your actual motion for my learning/modification?<br /><br />Thanks!<br />DarrenAnonymoushttps://www.blogger.com/profile/16768045064930141938noreply@blogger.comtag:blogger.com,1999:blog-18741966.post-89099353859074279092013-08-29T13:20:12.825-07:002013-08-29T13:20:12.825-07:00This comment has been removed by the author.Anonymoushttps://www.blogger.com/profile/16768045064930141938noreply@blogger.comtag:blogger.com,1999:blog-18741966.post-72840402671280349632013-05-22T08:08:52.823-07:002013-05-22T08:08:52.823-07:00Once you request discovery, you are supposed to al...Once you request discovery, you are supposed to also provide the evidence you wish to present. This could be done by merely including it with your discovery request and including a description of it in the proof of delivery.<br />What happens if you don't? Most likely nothing because if you are successful at excluding evidence and/or testimony then you wouldn't need your evidence to win in the first place. Its only a problem if the prosecution does provide discovery and they make a motion to exclude your evidence that you did not provide during the discovery process. The likelihood of both these things happening are extremely small. <br />Sarithttps://www.blogger.com/profile/16696253968862049941noreply@blogger.comtag:blogger.com,1999:blog-18741966.post-40678579628604075752013-05-15T15:23:40.729-07:002013-05-15T15:23:40.729-07:00Hi Sarit,
Thanks for the great info.
Quick quest...Hi Sarit,<br /><br />Thanks for the great info.<br /><br />Quick question - if you request discovery from the prosecution, are you likewise required to provide your discovery documents (assuming they do not respond/do not request the documents)? If so, are you also bound by the 15-20 day timeframe?<br /><br />Thanks!<br />AOAOnoreply@blogger.comtag:blogger.com,1999:blog-18741966.post-52031384854598602642013-01-15T10:38:14.225-08:002013-01-15T10:38:14.225-08:0001/15/2013 10;10AM
Hello,
This JM again. I just w...01/15/2013 10;10AM<br /><br />Hello,<br />This JM again. I just want to update the result of my case. I just came from court this morning and I won my case as the officer did not show-up.<br /><br />I believe that although I have lost my TBD using discovery, the main merit of doing this exercise is to delay your case for the longest time possible which gives a higher probability that the officer no longer remembers the details of the case or he does not show up. Using the one month extension, TBD and Trial de novo methods, I have delayed my trial to almost 5 months. The total time it took from the issuance of the ticket to the actual trial is about 6 1/2 months. Using the TBD and the Trial De Novo, you are given two opportunities to win your case and two chances that the officer will not respond.<br /> <br />In my next case (wife's ticket), I will still take advantage of the TBD. However, I will not employ the Discovery method. I will simply try to explain and defend my case. My main objective is to take advantage of the chance that the officer will not respond to the TBD. If he does, then I will ask for Trial De Novo.<br /><br />If anyone has a question for me, you can e-mail me at joramed88@hotmail.com.<br /><br /> <br />Peace,<br />JM Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18741966.post-72979783241428430832012-12-10T08:36:07.437-08:002012-12-10T08:36:07.437-08:00This is JM. I posted my questions just above Jessi...This is JM. I posted my questions just above Jessica J. I am writing this for the benefit of other people who might come across this site and are looking for answers too. Unfortunately, I think Sarit is no longer answering this particular section of his blog. Anyway, I have followed his advice but still got the GUILTY verdict. Apparently, even with the Discovery Request method (from which I did not get any document from the City Atty), the officer's response to my TBD defeated my case. I will now file a Trial De Novo and just hope that the officer does not show up. This seems to be the only hope of getting my case dismissed. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18741966.post-35919865405640695602012-10-25T21:30:15.736-07:002012-10-25T21:30:15.736-07:0010-25-12
Sarit,
Thank you so much, Sarit, for an...10-25-12<br /><br />Sarit,<br /><br />Thank you so much, Sarit, for answering my questions!<br /><br />A question I have is should I submit 'copy of the discovery letter' and a 'copy of the certified mail receipt' as "evidence" to fight my case? Because the prosecutor (aka district attorney) has not mailed anything back to me.<br /><br />Please let me know what your intake on this. <br /><br />Thanks!<br /><br />-Jessica J.Jessica J.noreply@blogger.comtag:blogger.com,1999:blog-18741966.post-135607698819837362012-10-24T13:44:15.326-07:002012-10-24T13:44:15.326-07:00Let me clarify a bit the above things that I said....Let me clarify a bit the above things that I said.<br />When I go to court, should I :<br />(1) request for a pre-trial motion to dismiss the case due to denied access to evidence (discovery)? or<br />(2) during the cross-examination of the officer by me, ask for the calibration records/certifications for the officer to prove accuracy of the radar reading?<br /><br />I am hoping that if the first one does not work, the second one will if the officer does not have the documents.<br /><br />thanks,<br />JMAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-18741966.post-9215532066768647022012-10-24T13:27:28.819-07:002012-10-24T13:27:28.819-07:00Hi Sarit,
I read your blogs and the other peoples&...Hi Sarit,<br />I read your blogs and the other peoples' comments over and over again to make sure I understood everything. <br />I received a CVC22350 for going 55 in a 35 zone. I opted to just go to court instead of TBD so I do not need to pay the bail in advance.<br />Anyway, I copied your letter for discovery and sent it to the City Attorney. I then received a response from the City Atty saying that " the City Atty's office does not make appearances on traffic citations nor does it process discovery requests for these types of offenses. Normally, the only evidence submitted in support of a traffic citation is the citation itself and the testimony of the citing officer." <br />Can I still use the "discovery defense" even if the only evidence that they are going to use against me is the ticket and the testimony of the officer?<br />Or, should I just ask for the maintenance and calibration records of the radar device and records of each certification issue to the officer to use the radar, inlcuding certificated of accuracy, repair record and calibration records of the tuning forks?<br />My trial is on 11/09/2012. Any advice will be appraciated.<br /><br />thanks,<br />JMAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-18741966.post-66569937963117344852012-10-05T10:28:31.444-07:002012-10-05T10:28:31.444-07:0010/5/12
Hi Sarit,
I'm a bit confused. When ...10/5/12<br /><br />Hi Sarit, <br /><br />I'm a bit confused. When requesting Discovery AND filing for motions all done before arraignment (where I go in person, pay the ticket, pled not guilty)??<br /><br />Pls respond ASAP. <br /><br />Thanks.Jessica J.noreply@blogger.comtag:blogger.com,1999:blog-18741966.post-72782559267558061942012-10-05T10:23:16.221-07:002012-10-05T10:23:16.221-07:00When should I send the Motion to Dismiss?
Where ...When should I send the Motion to Dismiss? <br /><br />Where would I send the Motion to Dismiss? <br /><br />Should I just go to the clerk and give it to him/her?<br /><br />Jessica J.noreply@blogger.comtag:blogger.com,1999:blog-18741966.post-64860415949021779252012-07-09T18:15:11.720-07:002012-07-09T18:15:11.720-07:00Juliet
Hi Sarit,
I got an speeding ticket 22350 ...Juliet<br />Hi Sarit, <br /><br />I got an speeding ticket 22350 by a Traffic Enforcement motorcycle policeman with Radar for going 54 in a 40 mph zone. This area is well knows as a speed trap which I do not know if that will help me or not since you notice the officers are (most of the times) the same for what I can assumed they may be familiar with all kind of process at the time they expect to have a fight for a ticket; Despite of that, I am completely convinced I do not deserved that ticket. The area where I was driving is very crowded in the morning between 7:30 to 8:30 so it is almost impossible to be at more than 40 unless I get into a car accident. Also he mentioned on the ticket I was on the first line when I was on the second since I was just taking the ramp coming from the freeway and before you can take the main street (where I was stopped) you need to stop at the light which 99% of the times is on red. I stop and then I accelerate normal – BTW I drive a regular beetle and those cars do not have accelerate as a corvette or something like that – I was close to the next light on the main road which is not even a block apart and right when I was ready to stop it changed to green, so I accelerate again, at that point the officer was located and mentioned he had the radar on me. I accelerate again for the next light to make a left turn, again not even a block apart and, he turn on the lights and start talking over the speaker.<br />I was in the middle of the road with traffic in all directions and sides and this person want me to pull over? I had definitely to wait to turn to make a safe stop and not to cause traffic or make it worst.<br />The officer was really annoyed because I make him go a little further but it was the only place I could park. When I finally stopped, he came to me and ask me for my license and registration, which I gave to him (honestly it has been my first ticket and I did not know what to do or what to ask so I was quite all the time), he left for a moment took some notes and after that he came to me and told me I was speeding and he was giving me a ticket for that. He also said they are doing that to make people more aware of the danger when speeding, he make me sign and he took off.<br />As you can see I feel really dump about the situation not because what happen but how it happen, I think I made it really easy for him, he saw the opportunity and took advantage of it. I should argument a little more but I did not know what to do.<br /><br />Hope you can give me some guidance on this case because I am determinate to fight it if I can.<br /><br />Regards!Anonymoushttps://www.blogger.com/profile/14111407467912854512noreply@blogger.comtag:blogger.com,1999:blog-18741966.post-29101859243900551792010-07-20T22:33:30.019-07:002010-07-20T22:33:30.019-07:00Hi subess,
It's very difficult to argue with ...Hi subess,<br /><br />It's very difficult to argue with the court after they have made a decision. <br />I'm don't remember offhand how speedy trials affect TBD's, but if you have preserved your right to a speedy trial you may be able to send in a motion to dismiss because you do not consent to an extension of your trial date and you have a right to discovery in a timely manner. You want to say something along the lines that you have a right to BOTH discovery and a speedy trial, not either or but BOTH. <br /><br />You should definitely check out the laws regarding speedy trial and TBD's see what they say. I believe it says something about TBD causes the speedy trial time to be increased by XX number of days.<br /><br />If that won't help then you might as well make a request to CHP being sure the keep an official paper trail of when and whom received the request. If CHP fails to give you anything, then you have grounds to exclude their evidence again.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18741966.post-8155478192648854432010-07-20T19:56:59.587-07:002010-07-20T19:56:59.587-07:00Well... I guess it was too good to last. I got ano...Well... I guess it was too good to last. I got another speeding ticket. I followed the same steps, but this time, when I made a Motion to Dismiss (based on the fact that the Prosecutor requested I make my discovery request to the CHP), my motion was denied. <br /><br />The letter says "Request must be served on CHP office. The court continues the TBD until XXX date so that defendant can serve proper issuing agency." I quoted the law as you advised in my motion, but I am at a loss as to what to do now. Any advice? Thanks in advance.subessnoreply@blogger.comtag:blogger.com,1999:blog-18741966.post-39551237640969468992009-12-14T21:26:25.304-08:002009-12-14T21:26:25.304-08:00Couple notes: for those wondering whether the off...Couple notes: for those wondering whether the officer responded to your TBWD or not, you can call the court and ask -- they'll even send you a copy of his statement.<br /><br />It would be great if you would post your sample motion -- it will give us a template to work off of.<br /><br />I do believe, also, that when you file a motion you're supposed to specify a date for the hearing in the motion and serve the motion on the prosecutor. If this was a case they cared about, they would file a response to your motion as well as show up at court at the time of your motion hearing.Peterhttps://www.blogger.com/profile/06491781293555611290noreply@blogger.comtag:blogger.com,1999:blog-18741966.post-37199481395741935082009-12-12T16:45:14.207-08:002009-12-12T16:45:14.207-08:00Hi Sarit,
Just got the notice in the mail. Not gu...Hi Sarit,<br /><br />Just got the notice in the mail. Not guilty! I still dont know what I did or if the officer simply didn't complete his half of the TBD, but I don't care. Thanks!subessnoreply@blogger.comtag:blogger.com,1999:blog-18741966.post-11307523558371360822009-10-08T01:59:54.827-07:002009-10-08T01:59:54.827-07:00Thanks for your reply, Sarit. (I posted as Anonymo...Thanks for your reply, Sarit. (I posted as Anonymous above) Unfortunately I didn't have the foresight to get a written statement from the clerk but I have included the incident in my TBD statements. Hopefully that will work. I'm submitting everything tomorrow and will let you know how it goes.subessnoreply@blogger.comtag:blogger.com,1999:blog-18741966.post-76697302158257112112009-10-06T11:19:22.900-07:002009-10-06T11:19:22.900-07:00I hope you got that clerk to sign something saying...I hope you got that clerk to sign something saying that you aren't allowed to see the evidence because that's legal gold right there. If you combine that with the DA's response, then that should be enough grounds to raise an objection to their evidence and a lack of due process.<br /><br /> When I wanted to file a motion I did it during my arraignment (where you plead not-guilty) in front of a judge so I was able to hand the motion to her at that time. It might be possible to mail in your motion to the court, but I'm not sure how that will be accepted. If you do, I would encourage you to also include your motion again with your TBD just in case.<br /><br /> Remember to keep track of all the interactions you had and when they occurred so that you can replay them in the motion/TBD. Being able to show how you did everything possible to get a fair trial, yet were denied due process makes your case much stronger.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18741966.post-60377624992185799372009-10-02T13:05:35.765-07:002009-10-02T13:05:35.765-07:00Hi
Thanks for posting this. I've been followi...Hi<br /><br />Thanks for posting this. I've been following your advice. As others have noted I got a letter form th DA saying I should request evidence front the CHP. <br /><br />Great! I ignored that and am now trying to find out how to file a motion. I went to the court house to the traffic ticket window. They said I do not have the right to file a motion or to see the evidence because it isn't a criminal trial. <br /><br />They said the TBD is only my written statement vs the officer's. And sent me away. What now?Anonymousnoreply@blogger.com