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10-23-2010, 12:04 PM
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#41
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Senior Member
Join Date: Oct 2008
Posts: 192
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Received 2 tickets from the same Bike LEO several years back at what I suspect would be the same location. On Beach, just coming up from the dip under where the train passes overhead. Tickets were 2 or 3 years apart, but definitely the same LEO. Speeding, both cases. Maybe 7 or 8 years ago timeframe. I haven't seen him there at that same spot in several years now.
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TIA/R: Gary Wells
'09 Cad CTS-V, 3K miles
'87 Turbo-T Buick, 29K miles
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11-11-2010, 03:10 AM
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#42
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I, Vettezuki
Join Date: Feb 2006
Posts: 14,754
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Filling out my trial by declaration now. Should be a slam dunk.
CVC 40802.
40802. (a) A "speed trap" is either of the following:
(2) A particular section of a highway with a prima facie speed limit that is provided by this code or by local ordinance under subparagraph (A) of paragraph (2) of subdivision (a) of Section 22352, or established under Section 22354, 22357, 22358, or 22358.3, if that prima facie speed limit is not justified by an engineering and traffic survey conducted within five years prior to the date of the alleged violation, and enforcement of the speed limit involves the use of radar or any other electronic device that measures the speed of moving objects. . . .
Then I show the date of the "alleged violation."
Then I append a copy of the Speed Zone Survey from February 2003 (a giant PITA to get), which does not include any extenuating addendum.
Well, let's see how this goes.
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11-13-2010, 10:31 PM
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#43
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Senior Member
Join Date: Nov 2010
Posts: 510
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The speed survey is 5 years? Sweet I might have to fight my last one.
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The Tow Pig: 2013 Silverado 1500 crew cab
The Race Car lol: 2004 Cadillac CTS-V... With things.
Better to be judged by 12 than to be carried by 6.
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12-28-2010, 05:15 PM
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#44
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I, Vettezuki
Join Date: Feb 2006
Posts: 14,754
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Roma Victor!
It took a fair bit of work, but "Not Guilty" was worth it. No points, no fees. Too bad I can't get back the waste of time. Every citizen who has even the slightest inkling they've received a BS ticket should fight it. Probably the best technique is
1) Delay as much as possible.
2) Submit for trial by declaration.
In my case it was a slam dunk, it literally was just the definition of a speedtrap, but the clincher was that the speed survey was out of date, making the method for measuring speed invalid.
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12-28-2010, 05:21 PM
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#45
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Senior Member
Join Date: Apr 2008
Posts: 1,557
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YAY !! 
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I drive a hybrid, It burns gas and rubber..
Alcohol Tobacco & Firearms should be a convenience store, not a government agency.
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12-28-2010, 06:12 PM
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#46
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Resident Avatar Gambler
Join Date: Nov 2006
Posts: 5,997
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Nice work dude - fight the power.
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Insanity: doing the same thing over and over again and expecting different results.
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12-28-2010, 10:19 PM
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#47
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I, Vettezuki
Join Date: Feb 2006
Posts: 14,754
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Quote:
Originally Posted by SeanPlunk
Nice work dude - fight the power.
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Indeed.
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12-28-2010, 10:23 PM
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#48
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Resident Avatar Gambler
Join Date: Nov 2006
Posts: 5,997
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Did the cop even show up?
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Insanity: doing the same thing over and over again and expecting different results.
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12-28-2010, 10:35 PM
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#49
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I, Vettezuki
Join Date: Feb 2006
Posts: 14,754
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Quote:
Originally Posted by SeanPlunk
Did the cop even show up?
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Trial by declaration. I don't actually know if he even responded. Honestly, in this case there was nothing to decide. The law states clearly the method for measuring speed was invalid because of the out of date speed survey, so he may have just punted. Wish I knew happened internally actually. Ah well. 
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12-28-2010, 11:10 PM
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#50
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Senior Member
Join Date: Dec 2010
Posts: 275
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For future reference here's a nice outline a guy made for those who don't know how to do a trial by declaration.
http://www.ticketassassin.com/fight.html
I recently got hit by a ticket trap going down Harbor before Imperial in Fullerton. Harbor was down to one lane so I decided to pull into the best buy parking lot along with about 5 other cars before me. Unfortunately, about 5 motorcycle cops were waiting there with lights flashing 
They got me for failure to make a right turn in a right turn only lane that led to literally nothing but a dead end alleyway and a couple businesses. I bit the bullet and paid $250 plus traffic school to the man. |
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