chakming888

iTrader: (12)

Hey guys,

I have been researching defense arguments online for quite some time and still could not find ones that will work better than the usual "unlucky duck in a flock" argument, which I DO NOT want to use. Everything I see online is either for speed trap, red light, and basic speed law, but nothing on fighting CVC23336 which has to do with the violation of the signage.

So I hope one of you guys might be able to point me to the right direction from your past experience or someone that you know had fought this type of ticket before. Thanks all!

Below is the description of the traffic stop and what I have done thus far:

The location of the speeding ticket is on the Bay Bridge's lower deck, between Treasure Island and San Francisco. I was switching lane from the middle right lane to the farthest right lane when I noticed the CHP behind me. At the time, there were cars next to me going around the same speed. CHP pulled me over and cited me for CVC 23336, and he wrote me down for going 60+mph in a 50mph zone.

I usually don't fight my ticket, but I need to fight this for two reasons: 1) my last traffic school was 17months and 29 days ago, so I missed the eligibility for traffic school by 1 day, 2) I was not going the speed as the officer has claimed on my ticket. So hopefully people can help me and provide me with some advice on how I should articulate my defense in my Trial by Declaration.

Here is what I have done thus far:
1. Requested a Court Date
2. Requested a Continuance
3. Submitted a Discovery Request to the DA and to CHP
4. Received ONLY a response from the CHP with the officer's notes
Officer's note states the following:
- Light and Medium Traffic
- Clear weather
- Dry condition
- "Good Dili" - no idea what the officer meant by this, good diligence?
- "Admitted 55"
- "Pace 3/4 miles"

Based on the above, I am planning to request a Trial by Declaration, but I wanted to get the advice from this forum. A few questions I have:

- Is it legal for the officer to write down that I admitted 55mph but he wrote down 60+mph on the ticket instead? If it is not legal, can this be used to dismiss my ticket?
- What are some of the potential defense arguments that I can use to fight this ticket? I went online and did a lot of research and found a lot of defense for speed trap, radar, and pacing under other CVC, but I have not found any argument against CVC 23336. Any advice?
- Finally, at the end of the day, if I am found guilty by the judge, I would like to ask for a chance at traffic school since I was only 1 day away from being eligible. Should I 1) add in a sentence in the end requesting for traffic school if I am found guilty or 2) wait until I hear the result, and if I am found guilty, request for a new trial and ask the judge in person for a chance at traffic school?

Thanks in advance for any advice and support you might be able to provide. I really appreciate it!

Best Regards,
Mark

FW Motorsports