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Discussion Starter #1
on august 14, 2014, a motorcycle chp caught me speeding on angeles crest highway...waiting by a tree with his radar gun as i was coming towards him...said 55 on a 40...wtf...no traffic, clear dry road...grrrr..

anyway after delaying and then Trial by Written Declaration, i finally got my dismissal on march 25, 2015...the ticketing officer never responded but on the decision letter it says...NO EVIDENCE OF OFFICER'S 2 HR. LASER TRAINING...

i think that is just an excuse because clearly i had a good case...

here is my TBWD...



Defendant's Name: xxxxxx xxxxxx
Case No.: xxxxxxx

STATEMENT OF FACTS

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 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."

On my citation, the officer states that I was driving at an unsafe speed of approximately 55 mph on a 40 mph zone. At the time of my stop, August 22, 2014, Friday at 1:04 pm, I was going southbound on this desolate gentle section mountain road, (SR2) Angeles Crest Highway. It was a beautiful summer day. The road was dry, clean, and clear, with hardly any traffic. I assert that my speed was safe, reasonable, and prudent for the conditions and no persons or property were put at risk.

The officer never wrote on the ticket why my speed for the prevailing conditions was unsafe. As such, the officer does not make a credible case that I was in violation of the Basic Speed Law.

I trust in the Court's fairness and ask that my citation be dismissed in the interest of justice.

If the court does not find in my favor in this case, I request a Trial de Novo.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.


xxxxxx xxxxxxxx December 12, 2014





guys and gals, fight them CVC 22350...i hope i have been of service...
 

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I'm glad for you, but...

I've always thought a speed limit is a speed limit. Regardless of conditions, the speed limit is the max speed for that stretch. I interpret the CVC 22350 as something to stop people from going 70mph when the roads are iced over, even if the speed limit is 70mph.

I'm certainly not judging you -- I'm no angel -- but I wouldn't count on this tactic working again. When I get a speeding ticket, I know I was speeding, know I was breaking the law, and just pay it. I view it as a speeder's tax.
 

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Discussion Starter #3
jorsher...read the basic speed law again...there is no mention of a speed limit...

when one gets a ticket under this law, the officer is hoping that since you broke the speed limit that you will not challenge the ticket...
 

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Awesome man this is why we have a legal system! You clearly have been found innocent. Glad you won.
 

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jorsher...read the basic speed law again...there is no mention of a speed limit...

when one gets a ticket under this law, the officer is hoping that since you broke the speed limit that you will not challenge the ticket...
Um, I read it. I thought my response was clear, but I guess I can go into more detail:

The Basic Speed Law, CVC 22350 states: "blah blah"
Definition of "basic speed law"
The Basic Speed Law states that you must never drive faster than is safe for present conditions, regardless of the posted speed limit.
So, as I said in the original post: I interpreted it as meaning even if the speed limit is 50, you can be pulled over for going 40 if the conditions are bad. Because, "basic speed law" means just that.

However, I see now that California has a presumed speed law, which works as you described. Semantics.
 

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35 mph in some of the hills or roadways from west Virginia to Georgia...MEAN 35 mph....... straight, straight, straight, sweeping turn, sweeping turn, 90 degree turn with no guard rail or anything, just the 35 mph sign.
 
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