What the power of the Internet and a little spare time on your hands can give you! I recently received a speeding ticket (VC 22349a). I found this really helpful blog about a man who received the same type of ticket I did:
http://saritsblog.blogspot.com/2008/06/how-i-beat-my-california-speeding.html. It gave me some really helpful advice and tactics on how to beat my ticket.
I was cited for doing 80 mph in a 65 mph zone, so that's a violation of VC 22349a which states:
22349. (a) Except as provided in Section 22356, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour.
This violation is a lot harder to beat in court (TBD or otherwise) than violation 22350:
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.
I followed what Sarit did. I used my right under Due Process to request evidence from the citing agency.
CA Penal Code 1054.1 states:
1054.1. The prosecuting attorney shall disclose to the defendant or his or her attorney all of the following materials and information, if it is in the possession of the prosecuting attorney or if the prosecuting attorney knows it to be in the possession of the investigating agencies: (a) The names and addresses of persons the prosecutor intends to call as witnesses at trial. (b) Statements of all defendants. (c) All relevant real evidence seized or obtained as a part of the investigation of the offenses charged. (d) The existence of a felony conviction of any material witness whose credibility is likely to be critical to the outcome of the trial. (e) Any exculpatory evidence. (f) Relevant written or recorded statements of witnesses or reports of the statements of witnesses whom the prosecutor intends to call at the trial, including any reports or statements of experts made in conjunction with the case, including the results of physical or mental examinations, scientific tests, experiments, or comparisons which the prosecutor intends to offer in evidence at the trial.
After a little question and answer session at the Alameda County Court located in the lovely city of Pleasanton, CA, I found I needed to send my request for evidence disclosure to the citing agency, which in this case would be the CHP Dublin, CA office. I sent in this request for evidence disclosure back on August 29th and I never received the requested evidence from the CHP aka CA State Revenue Collectors.
I waited until a few days before the due date to send in my Statement of Facts for the Trial by Declaration which I had requested from the Alameda County Court. It was due 9/20/11, so I'm just waiting for the slow wheels of Justice to turn. Wish me luck
