Title: Woo Hoo! I just beat my 6th ticket in court. Source:
/ URL Source:http://helpigotaticket.com/ Published:Apr 11, 2008 Author:. Post Date:2008-04-11 12:36:54 by Artisan Ping List:*California list*Subscribe to *California list* Keywords:None Views:426 Comments:29
Man it feels good to not pay a dime, not plead guilty, and not waste a day in 'traffic school'. Screw that!
I was taking the dog to the vet last year and got a speeding ticket, for violating VC 22350. (basic speed law).
The first thing i did was get the maximum extension, which was 60 days.
Then when the extension was drawing to a close I filed for a trial by declaration (through the mail) helpigotaticket.com/declar/index.html and I asked for a BAIL WAIVER so i didn't have to post bail.
Basically the trial by declaration is as complex or as simple as you want it to be. I keep it simple, you write on the form that you didn't do it. I said that there was no evidence I met the criteria for violating 22350.
Then the witness (cop) is required to submit his case by mail and the judge rules. the judge ruled me GUILTY in my trial by declaration. However, the beauty of a trial by declaration is that you are automatically entitled to a TRIAL DE NOVO helpigotaticket.com/declar/denovo.html
The guilty sentence was vacated and the court scheduled a trial in person.
Before my trial I use the discovery process by serving the request on the prosecuting attorney. Mail the PA and demand all sorts of records things from the cop: calibration records, certifications, traffic surveys, etc. ( the reason for this is that when they refuse or ignore you, which I guarantee they will, like the arrogant pukes they are, that is grounds for dismissal because it violates your due process rights.)
The you wait for your trial date. By this time it's nearly a year later and the cop has either forgotten about it, OR, he remebers submitting paperwork for the trial by declaration, so he thinks he doesnt have to show up for what in reality is a whole new trial.
The pig didn't show, case dismissed. ha ha. Happy day.
Also I wore my Ron Paul pin to court and got all sorts of positive comments. One guy saw it and blurted out, 'RIGHT ON, RON PAUL!' Turns out he's a constitutionalist, Paul supporter, 911 truther and alex jones fan. A new friend, 'one of us', just from wearing a Ron Paul pin.
It's really great to repeatedly have even small victories for liberty, it's heartening. here is my favorite celebration song. Happy friday! ;-D
Does this work in all states - the paper trail. Do they have some form you need to ask for?
By the way, I just realized that I didn't have to go to court for at least 5 years. I was stopped for speeding, I think, 4 times since my last ticket but, somehow, they all let me go, a couple with a 'warning citation', whatever that was.
Who knows? Maybe I AM good looking and maybe all NJ and PA coppers are homos.
The site I learned all this from, HTTP://HELPIGOTATICKET.COM is for california, but he has links to other states. this is not that complicated,. I assume every state has extensions which are automatically granted upon request. a bail waiver is usually granted (although they dont have to grant it, in my experience they usually do.)
The main thing otherwise is to just read the statute youre charged with violating. No statute simple says the word 'speeding'. this garbage is long and usually easy to beat if you fight smart, for example, 22350 , otherwise known as BASIC SPEED LAW, says this:
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.
see what it says? it doesnt claim the person was merely speeding, it says they were endangering person,s property, and that the speed was unsafe given certain conditions. and from the site:
IMHO, most officers using radar rely so much on the technology that they don't bother to have have a fundamentally sound case to begin with. Two recent court rulings [People v. Huffman (88 Cal.App.4th Supp. 1 , 106 Cal.Rptr.2d 820) and People v. Behjat (84 Cal.App.4th Supp. 1)] have held that: No conviction can be sustained unless the record contains substantial evidence supporting each element of the charged offense.
People have admitted exceeding the limit but merely doing that in itself DOES NOT qualify as violation of 22350. the courts have held this.
so basically you get them with their own minutia. after all, they're LAW ENFORCEMENT. so hold them to their own B.S.
People have admitted exceeding the limit but merely doing that in itself DOES NOT qualify as violation of 22350. the courts have held this.
This is probably "preaching to the choir" to tell you this but people should never, ever, under any circumstances, admit to the cop who stops them that they were speeding or that they didn't know how fast they were going. As you are well aware "anything you say can and will be used against you, blah, blah, blah." And it is certain that if you admit you were speeding you already waived your right not to testify against yourself (fifth amendment). And if people are so dumb as to tell a cop they "don't know" how fast they were going there isn't much hope for them. At that point he is free to write whatever he wants to on the ticket. How do they rebut it if they "don't know how fast" they were going? One of the best things to say, if you say anything at all, is to reply to the cop when he asks if you know how fast you were going, "My speed seemed reasonable and prudent under the existing conditions." And if you weren't just going outrageously fast and swerving in and out of traffic endangering people--and if you were they have other charges for that--you have not given him any ammo to use against you.
You're right, i would never admit or concede anything, but this specific point was made in reference to 22350 because many people need to understand the case precedents surrounding it and what is specifically required to beat it. 22350 is the charge that i beat in superior court of appeals. Many of the cases of defeating 22350 charges in court of appeals were because the initial judge specifically initially found defendant guilty based solely on speeding. These convictions are slapped down every time on appeal, because that is not enough. it's not valid, that is not what the law states. so the appelate is confident enough in their knowledge of the law that they can outright admit speeding and stress that that does NOT make a valid conviction. they win every time.
Many people simply go into court and babble about where they were going, that they dont believe the cop, etc. sincere but worthless arguements that will never work.
But i certainly understand and agree 100% with what you're saying. like one of the other tickets i beat in palm springs, my wife was teasing afterwards., 'but honey! you are guilty, you were speeding!' i replied, "of course i was dear, we're in the middle of f--king NOWHERE on the 10 freeway, who isnt speeding?,.. But this is MURIKA, and the bastards have to PROVE it." lol
I will often strike up convos with cops about these isssues if i see them somewhere. they often get frustrated and say 'okay, you get out of it thru a technicality, but you were speeding weerent you? and i reply, well, since we have the presumption of innocence and it is encumbent upon the state to prove their case, not vice versa, you tell me what i was 'guilty of', since i was not convicted? it's fun.