Cited for VC 22356 b in CA.

3 views 2 answers
I received a speeding ticket recently while I was traveling southbound on the I-5 in CA. When I got pulled over the officer immediately said he got me going at 97 mph in a 70 mph. I was not going at this speed, the max speed I hit was 80 mph and there was traffic in front of me to prevent me from traveling at the 97 mph he claims. Anyway, I'm always very careful and was scanning the roadway for CHP units. Because the I-5 is flat, I had a clear view of both sides of the road for miles and no CHP car was in sight. There was no aircraft or overpass where another unit could hide. I also scan behind me by using my rearview mirror and there were no cars within a couple miles of me. A few min later I see a CHP behind me and about a min later he puts on his lights and pulls me over. I was driving at around 63 mph due to traffic at the time I saw him approaching my car. I believe that he was traveling (not situated) in the northbound direction and crossed the grass median to travel southbound and come after me. I was frazzled and did not ask him how he clocked my speed and tried to ask for a warning based on my 14 year record of no tickets and no warnings. He refused and was belligerent and condescending. He said the ticket would cost over $300. He told me I had to show up to court even though I live over 100 miles away from the courthouse and did not tell me about my option to do a trial by written declaration, but I read about it on the back of my ticket. Is it possible for me to ask for a dismissal based on my 14 year clean record or have it reduced to a warning or anything like that?? If not, what are some good options for when I submit my trial by written declaration statement. I have no idea how he clocked the speed, but I know it cannot be accurate.

Attorney Answers

2
John Kaman ·
You won't get a dismissal based on your clean record. That proves nothing as to whether or not you are guilty of the conduct charged. If you want to fight this hire a traffic lawyer.
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Jacek Lentz ·
No - unfortunately there are no mercy points and no getting off the hook because of your clean driving record. As far as Trial By Declaration is concerned, you should write your full story which you described in this forum. There is no special trick or gimmick involved. From a practical point of view, it does not really matter what you write. You will lose if the cop responds with his own declaration and you will win if he does not. The beauty of trial by declaration is that even if you lose you can treat it as if it never happened by requesting trial de novo. Just make sure you do not blow the deadline to mail in proper paperwork after the court notifies you that you lost trial by declaration. If this is really important to you, you would enhance your chances of prevailing by hiring a lawyer who knows how to beat traffic tickets. He/she can employ a variety of delaying tactics and procedural hurdles - how about stretching the whole matter for close to a year! - aimed at having the officer forget or give up on the matter. Cumbersome discovery requests could be served. If push comes to shove, you can always take the case to trial. Feel free to contact my office for additional consultation if you are interested in retaining a lawyer. Jacek W. Lentz, Esq. 310.273.1361 www.lentzlawfirm.com
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