Hay blaze, any word on if this one worked? i wanna try to use it, plus it was a speedtrapOriginally Posted by BlazeThis is one of my more recent TBDs. It's based on the old one, and is currently being used to fight a ticket involving an aircraft. Thanks to several members for helping me out with this.
Blaze
[size=18px]Example 6[/size]
STATEMENT OF FACTS
Defendant's Name: Meg Griffen
Case No.: 93263BV
I respectfully submit this written declaration to the Court pursuant to CVC 40902. I plead Not Guilty to the charge of violating CVC 22349.
The facts of my case are as follows: While driving on I5 on 05-04-06, I was stopped by a CHP Officer (I.D.#15353) and was charged with violating CVC 22349. The Officer has alleged that I was driving 85mph in a 65mph zone based on Aircraft evidence. I believe that I was driving approximately 70mph at the time of my stop and that my speed was quite safe for the prevailing conditions.
The Basic Speed Law, CVC 22350 states: "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."
At the time of my stop, the road was dry and clear with light traffic. No persons or property were put at risk.
Further, I believe that the method in which my speed was evaluated is subject to error and, may constitute an illegal Speed Trap pursuant to CVC 40802(a)(2).
40801. States that “No peace officer or other person shall use a speed trap in arresting, or participating or assisting in the arrest of, any person for any alleged violation of this code nor shall any speed trap be used in securing evidence as to the speed of any vehicle for the purpose of an arrest or prosecution under this code.”
40802. (a) Describes a "speed trap" as “A particular section of a highway measured as to distance and with boundaries marked, designated, or otherwise determined in order that the speed of a vehicle may be calculated by securing the time it takes the vehicle to travel the known distance.”
40803. (a) “No evidence as to the speed of a vehicle upon a highway shall be admitted in any court upon the trial of any person in any prosecution under this code upon a charge involving the speed of a vehicle when the evidence is based upon or obtained from or by the maintenance or use of a speedtrap.”
40804. (a) “In any prosecution under this code upon a charge involving the speed of a vehicle, any officer or other person shall be incompetent as a witness if the testimony is based upon or obtained from or by the maintenance or use of a speed trap.”
CVC 40805, Admission of Speed Trap Evidence, states:"Every court shall be without jurisdiction to render a judgment of conviction against any person for violation of this code involving the speed of a vehicle if the court admits any evidence or testimony secured in violation of, or which is inadmissible under this article."
I trust in the Court's fairness and ask that my citation be dismissed in the interest of justice.
If the court does not find in my favor in this case, I request a fine reduction and a Court assignment to attend traffic school.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: September 9, 2006
Meg Griffen
Defendant in Pro Per