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Discussion Starter #1
Hi, I got a ticket this week for what the cop claims; going 66 on a 50mph road. The specific violation was 22350 Basic Speed Law:

22350. 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.


The cop said I was going 66 on radar, but I don't remember goint that fast, just as fast as other people go there... It was 06:25 in the morning so there was no cars or people arond me. The weather was also really nice.

I was told I should contest it, but first try TIAL BY DECLARATION... Has anyone here tried it before?

Thanks,
 

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here's how it works. you mail in the bail amount and request a trial by declaration.

You spell out why you don't think you're guilty... and you get a letter informing you of the verdict. Then you can request a trial de novo (new trial in person) and can go make the same arguments.

Advantages: Two chances to fight the ticket
Disadvantage: Kiss off your likelyhood of getting traffic school. Judges have the discretion to allow it... but its not usually likely.

Let me ask you: How many lanes in each direction? How close was the closest school, closest residence? What direction were you heading?
 

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The biggest advantage is that the officer has to respond in writing. Many won't bother to take the time to do so. No response typicaly means judgement in your favor.

One of my employees just got out of a ticket that way.
 

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Discussion Starter #4
Well, it was om airbase parkway (94533), and it is a two lane road one way, then some trees in the middle (about 10ft wide middle part) the two lanes the other way.

...to my right there's just more trees and a wall, no houses or buildings directly to my right. The closest school is probably a mile away, and the closest businesses/house, 500yards+ away I guess...(unless you go through the trees and the wall, then you can see some houses pretty close.

MAP HERE

If you look at this map, you can see the exact location where the cop pulled me over (RED DOT). I was goint from WEST to EAST. He was right at the overpass when he first saw me.
 

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Here is where you'll lose the case...

You were going east into the sunrise. Your vision is impared at sunrise. Basic Speed Law says you can only drive as fast as the conditions allow.

Hopefully you'll find a way around that.
 

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Discussion Starter #6
LOL
It wasn't that sunny, besides all those trees block the sun... lol
 

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Some guys on a bimmer forum I frequent have tried www.ticketassassin.com They give you some pointers on trial by declaration and how to fight tickets in general.

~Charlie
 

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Discussion Starter #9
well, I'd just delay everything until sometime next year and hope they lose my ticket or the cop moves somewhere else...


I'm in the military and I'm deploying soon so they will have to wait untill I come back sometime next year...
 

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ahh my dad has won everytime he went in to fight a ticket usualy due to the fact that the officer didnt show up... but yeah its do-able...
 
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