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Last post 19 years ago by drnos. 7 replies replies.
I fought the law [again]
drnos Offline
#1 Posted:
Joined: 10-29-2003
Posts: 2,787
And I won!

I don't want you to get the impression that I am a scofflaw, but I was in court today for another speeding ticket. Two in two days, but they're my first tickets in 2+ years.

Yesterday I won because the CHP didn't show. See the other thread for this.

This morning I was back in front of the same judge, and this time the Oceanside PD officer DID show up. He was good. Put on a very succinct and authoritative case. Then I put on my best defense under the Basic Speed Law of California (VC 22350). The road was dry, the road was wide, no traffic, the cop and I were the only cars in sight.

The judge explained to me that the posted speed (25mph) had a prima facia assumption of correctness, and my presentation did not overcome it. Guilty.

Now this gets weird: I get a call around 3:30 from the court to tell me that the judge "Sua Sponte" (on his own motion) reversed himself and now I was not guilty! I went over to the court to pick up the paperwork, and the judge wrote that "...the Defendant established by competent evidence his speed did not constitute a violation of the basic speed law at the time, place and under the circumstances."

Whoo-Hoo!!! 2 for 2. I tell you I'm golden.
RICKAMAVEN Offline
#2 Posted:
Joined: 10-01-2000
Posts: 33,248
well done.
tpottiger Offline
#3 Posted:
Joined: 04-30-2004
Posts: 1,176
How fast were you going anyway???

(Good job on beatin' the rap...)
thurson Offline
#4 Posted:
Joined: 06-26-2004
Posts: 3,919
Now go buy a Lotto ticket.
drnos Offline
#5 Posted:
Joined: 10-29-2003
Posts: 2,787
Both the tickets I fought were minor offenses. Yesterday's was 34 in a 25 zone.

I have now fought my last 3 tickets and I'm 3 for 3. It started with that first radar ticket about 3 years ago. I really, really resented it; I thought I was in the right.

I explained the circumstances to my wife's brother, who is a deputy in Riverside. He is pretty senior, even teaches radar to the other cops. He told me the CHP had numerous problems with my particular citation. I won't bore you with the details, but I went into court loaded for bear. I had the training manuals. I had test evidence. I had a CASE!

But the cop didn't show, so I won be default. And that's what created a monster.

I now see (at least in No. San Diego) that cops don't show up in over half the cases of minor tickets. And sometimes you can win even if the cop does show up.
donutboy2000 Offline
#6 Posted:
Joined: 11-20-2001
Posts: 25,000
Fight the power!
428cj Offline
#7 Posted:
Joined: 04-26-2003
Posts: 741
As being a former firefighter and police officer I take great exception to your idea that 34/25 is minor. But what do I know (only based on many years of experience). Way to go I guess in beating the system.
drnos Offline
#8 Posted:
Joined: 10-29-2003
Posts: 2,787
Easy CobraJet. 34mph in a school zone with children present would not be minor. 34mph at 8:30 PM on a wide 5-lane road with no vehicles in sight is minor. In fact the court is called "minor traffic violations." Not my name, but the county's.

A dispassionate observer (the judge) heard both sides, and agreed that I did not break the law. I did not "beat the system," I played the system's game the system's way.
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