CASE DISMISSED With Special California Strategies Any Traffic Ticket/CaseDismissed... · CASE...

CASE DISMISSED With Special California

Strategies How to Fight and Beat Your Speeding Ticket

Based on the strategies of Captain Roland Hoeffener Edited by Attorney James F. Sadler

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Case Dismissed www.BeatMySpeedingTicket.com

CASE DISMISSED How to Fight and Beat Your Speeding Ticket

With Special Strategies for Beating California Tickets

This is copyright material, January, 2008. If you got this material by any means other than a purchase from Jeff Mulligan or BeatMySpeedingTicket.com you have a pirated copy. If this is the

case, please email the author at [email protected] and let me know where you obtained it. (You can keep your copy for providing this help)

You cannot give this book away for free.

You cannot give it away as a bonus. You do not have rights to resell this book

While all attempts have been made to verify the information provided in this publication, the author does not assume any responsibility for errors, emissions or contrary interpretation of this information. This publication is not intended for use as a source of legal advice. The author wants to stress that the information contained herein may be subject to varying international, federal, state and/or local laws or regulations. The purchaser or reader of this publication assumes responsibility for the use of these materials and information. Adherence to all applicable laws and regulations is the sole responsibility of the purchaser or reader. We do not intend to give you legal advice regarding specific legal problems because the answer may depend upon the facts and circumstances surrounding your situation. In addition, the law is ever changing, and though we try to keep everything up to date it may be necessary for you to obtain information more current than that contained on this site. The author does not assume my responsibility or liability whatsoever for what you choose to do with this information. Any perceived slight of specific people or organizations is purely unintentional. Use this information at your own risk.

Congratulations you have made the choice to fight that ticket and win.

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mailto:[email protected]

Table of Contents Table of Contents..........................................................................................................................3 Preface..........................................................................................................................................4 Introduction Phase 1 .....................................................................................................................4 California Trial By Written Declaration ..........................................................................................6 Violation Type 1. Maximum Speed Law (exceeding 65 MPH) -- 22349(a): .................................8 Violation Type 2. Basic Speed Law (unsafe speed for conditions)--22350:...............................16 Violation Type 3: 22356 Exceeding Posted Speed of 70MPH via Aircraft Ticket ......................26 Introduction Phase Two ..............................................................................................................28 Why Does Case Dismissed Actually Work?................................................................................30 The Ticket ...................................................................................................................................32 The First Layer of Your Defense.................................................................................................34 Some Legal Basics .....................................................................................................................35 Some Courtroom Basics You Should Know................................................................................38 Avoid These Mistakes.................................................................................................................41 Preparing Yourself for the Trial ...................................................................................................44 What Will The Trial Be Like?.......................................................................................................45 Your Trial.....................................................................................................................................47 Unprepared Prosecution .............................................................................................................49 Caught in a Speed Trap..............................................................................................................51 Caught by a Pace Car.................................................................................................................51 Questions for the Trial: Pace Car Speedometer .........................................................................54 Caught by Radar .........................................................................................................................57 Questions for the Trial: Beating Radar........................................................................................60 Caught by Laser/Lidar.................................................................................................................65 Review and Additional Pointers ..................................................................................................69 Addendum 1: Important to Read.................................................................................................72 Addendum 2: Special Section- Important....................................................................................74 How to Conduct Legal Research into Speeding Tickets .............................................................79 Appendix 1: Not Guilty Plea & TR-205 forms.............................................................................80 Appendix 2: California Vehicle Codes - Speed Trap Laws .........................................................83

Note: It’s a good idea to read through the entire book first so you fully understand the strategies.

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Preface

Thank you for purchasing Case Dismissed, we hope that our tools will

help you to beat your speeding ticket. This version of Case Dismissed is specifically for use in California speeding tickets.

We suggest that you first complete Phase 1 of Case Dismissed. This

phase outlines how to submit both a Written Not Guilty Plea and request a Trial By Written Declaration. You will find a blank Written Not Guilty Plea, a sample TR-205 form, and copies of California Speed Laws in the Addendums at the end of this book.

Should you receive undesirable results or dislike the content in Phase 1, we strongly suggest that you move on to Phase 2. Both Case Dismissed phases have resulted in many cases being dismissed.

Introduction Phase 1 – Fight in Writing

California Vehicle Code section 40902 lets you contest a traffic citation in writing, without having to appear in court. This process is called “trial by declaration”. You may use trial by declaration if your case involves a Vehicle Code violation or a violation of local ordinance, under the Vehicle Code.

To qualify for Trial by Written Declaration, you must (1) Pay your bail in

full, submitted along with the Not Guilty Plea Form which can be found in appendix 1 of this document. (2) Have only a vehicle infraction. (3) No accident or injury involved. (4) No failure to appear or pay on the current case.

The court will send you back a form TR-205, and you fill that out along

with a statement of defense that you choose from among those we supply below. The state will notify you of their ruling and, if found not guilty, your bail

amount is refunded. If you are found guilty, you can still elect to have a trial in person to fight the ticket, and you use the other strategies in the book.

The following materials include sample documents and may help you to

win your case or have your fines reduced. You must fill out the forms and submit them properly. Be sure that you include the proper bail amount. Because the contents of this document are copy-protected, we have created web pages that you can visit and from which you may copy the relevant defense tactic into your own word processor, edit and print to submit to the court. The

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links are found at the beginning of each tactic below.

The chart below shows the flow of the process

After you have submittted the not guilty plea and bail check, the state sends back form TR-205. You will fill that out. You also will review the Defense Tactics provided below for the type of violation and find the tactic that is most relevant for

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your ticket scenario.

Open a new document in your word processing program and cut and paste the Defendant Statement from the appropriate Defense Tactic off the web page and into this new document. Carefully review the document and enter all of the facts of your case, the data that you need to enter will be indicated by parenthesis ( ) in the document, most of the necessary data will be on your ticket, do not enter any comments or irrelevant information. Be sure to REMOVE the parenthesis when you are done. Each Defense Tactic section has its own Defendant Statement with a link to a web page, where you can cut and paste the text.

Fill out the Trial By Written Declaration form---TR205 that the court sent to you. On the back, under 6."Statement of Facts", write: "Please see attachments."

In the space "Number of pages attached," write the number of pages you are attaching to the TR-205 (this will be to attach the Defendant Statement/Statement of Facts.)

Sign and date BOTH the TR205 Trial By Written Declaration form and your attached Defendant Statement/Statement Of Facts.

Mail the court your Trial By Written Declaration form TR-205 and Defendant Statement/Statement Of Facts. Your full bail should have been submitted with your written not guilty plea. (Some courts allow your written declaration to count as your written not guilty plea: in these cases, submit bail with your written declaration.) Mail all documents at least five days prior to your due date via certified mail, return receipt requested. Don't forget to ask for a RETURN RECEIPT: this is your proof of delivery. California Trial By Written Declaration Procedure Details Step #1 To contest your speeding ticket without appearing in court Your FIRST STEP will be to submit a Written Not Guilty Plea to the court. This will save you from having to appear in court.

As part of your Written Not Guilty Plea, you will also request a Trial By Written Declaration. This also allows you to avoid appearing in court.

The Written Not Guilty Plea is a legal document. With this document you must also send the full bail amount as indicated on your ticket. The bail amount is considered a deposit to guarantee that you will appear in court (or as in your

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case a Trial By Written Declaration) and serves as a deposit for any fines assessed by the court. (If you are found Not Guilty the fees will be refunded to you) The Written Not Guilty Plea must be sent to the court by registered or certified letter AND must be postmarked five (5) days prior to the appearance date indicated at the bottom of your ticket. If there are fewer than 5 days before the appearance date, you may submit the Written Not Guilty Plea in person. #2 When the trial court receives your Written Not Guilty Plea, you will be sent a TR-205: Trial By Written Declaration form by the court.

In the following section you will find our approach for beating tickets in certain traffic ticket scenarios. You will need to find your Violation Type (noted on your ticket) and a Defense Tactic for your situation. You will find information to compose your Defendant Statement, to include with your Trial By Written Declaration form. For your reference: (http://www.dmv.ca.gov/pubs/vctop/d17/vc40519.htm) – Link to CA laws (http://www.dmv.ca.gov/pubs/vctop/d17/vc40902.htm) - Link to CA laws

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http://www.dmv.ca.gov/pubs/vctop/d17/vc40519.htm

http://www.dmv.ca.gov/pubs/vctop/d17/vc40902.htm

Violation Type 1. Maximum Speed Law (exceeding 65 MPH) -- 22349(a):

Defense Tactic 1: Brief acceleration to yield to tailgater For this tactic we cite certain situations and laws that create a situation

that allows for a brief accelerated speed to be used and justified.

CVC 22349(a), the Maximum Speed Law, states that it is illegal to drive above the 65mph speed limit on any California Highway (unless otherwise posted). When traveling on California Highways you are also required to follow other traffic laws including the Basic Speed Law, CVC 22350.

CVC 22350, states that a driver must drive at a speed that is safe for the current conditions. (Conditions take in to account, weather, traffic volume, visibility, and road surface conditions). We find that if all of the above conditions are favorable, that it is legal to drive reasonable above the posted speed limit, based on CVC22351 which says that “The speed of any vehicle upon a highway in excess of the prima facie speed limits...or established as authorized in this code (includes the 65mph max speed limit) is prima facie unlawful unless the defendant establishes by competent evidence that the speed in excess of said limits did not constitute a violation of the basic speed law at the time, place, and under the conditions then existing." Therefore, in this situation, traveling above the posted speed is not illegal.

Also necessary in this tactic was the need for a brief acceleration to comply with CVC 21753 "Yielding for Passing", for the passing tailgater. CVC 21753, states that a “driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal or the momentary flash of headlights by the overtaking vehicle...." Based on this, we feel that momentarily speeding up to allow traffic to pass is not a violation of a posted speed. Sample Defendant Statement (for your use) Click Here for cut and paste version

I (enter your name), Case No. (enter case number) respectfully submit this written declaration in accordance with CVC 40902. I plead Not Guilty to the alleged violation of CVC 22349(a).

Please review the facts of my case contained within this document. While

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http://www.beatmyspeedingticket.com/dsdownload.htm

driving (enter direction, ex. North, West, East) on (Name of Highway), at approximately (enter time of day, include a.m. or p.m.) on (enter date, month, day and year), I observed an overtaking vehicle in my lane. I felt this vehicle was approaching quickly and felt unsafe in my current lane. Due to another vehicle at my immediate right, I briefly accelerated to get by the car at my right, to yield to the right for the overtaking car, and to remove my vehicle from a potentially unsafe situation. Shortly after I moved to the right lane, I was stopped by Officer (enter name), Badge # (enter ID number, both name and ID should be on your ticket) and subsequently charged with violating CVC 22349(a).

On the section of (enter name of highway) where I was stopped, the road conditions and weather allowed for speed slightly above the posted speed limit. For my safety, I felt it necessary to briefly accelerate to allow the overtaking car to pass. I contend that my speed, above the posted speed limit was necessary and with the limits of the Basic Speed Law.

CVC 22351, section b of Speed Law Violations, states "The speed of any vehicle upon a highway in excess of the prima facie speed limits...or established as authorized in this code (includes the 65mph max speed limit) is prima facie unlawful unless the defendant establishes by competent evidence that the speed in excess of said limits did not constitute a violation of the basic speed law at the time, place, and under the conditions then existing."

When I was stopped both the weather and road conditions were favorable, and due to the potential unsafe situation with the overtaking car, I was in the limits of Basic Speed Law. My exceeded speed at the time of my stop was not against the law.

I respectfully request at this time that my traffic citation be dismissed.

If the court does not rule in my favor, I request a Trial de Novo.

Under the perjury laws of the state California, I swear that all facts within this document are true to the best of my knowledge. _____________________________________ Date _____________________________________ Print Your Name here and sign above.

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Defense Tactic #2: Speed was safe for conditions

For this tactic we are going to use the Basic Speed Law to void the Maximum Speed Law penalty. You should not be charged for breaking one law to abide by another. Making your brief time above the speed limit, permissible.

CVC 22349(a), the Maximum Speed Law, states that it is illegal to drive above the 65mph speed limit on any California Highway (unless otherwise posted). When traveling on California Highways you are also required to follow other traffic laws including the Basic Speed Law, CVC 22350.

CVC 22350, states that a driver must drive at a speed that is safe for the current conditions. (Conditions take in to account, weather, traffic volume, visibility, and road surface conditions). We find that if all of the above conditions are favorable, that it is legal to drive reasonably above the posted speed limit. This is supported by CVC 22351 Speed Law Violations, "The speed of any vehicle upon a highway in excess of the prima facie speed limits...or established as authorized in this code (includes the 65mph max speed limit) is prima facie unlawful unless the defendant establishes by competent evidence that the speed in excess of said limits did not constitute a violation of the basic speed law at the time, place, and under the conditions then existing."

Therefore, in this situation, traveling above the posted speed is within the law, based on CVC 22351. Sample Defendant Statement Click Here for cut and paste version


Please review the facts of my case contained within this document. While driving (enter direction, ex. North, West, East) on (Name of Highway), at approximately (enter time of day, include a.m. or p.m.) on (enter date, month, day and year), I was stopped by officer (Enter name and ID number from ticket) and cited with a violation to CVC 22349(a). The officer recorded my speed as (enter speed on ticket) in a 65MPH zone, I believe that I was not driving faster than (enter your estimated speed) MPH.

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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."

My ticket states that the road was (enter road conditions from your ticket, ex. clear and dry with light traffic). In the area that I was stopped on (Name of Highway), it is a (enter number of lanes, ex. three) lane highway in good condition, I felt it was quite safe to drive at (enter your estimated speed) MPH with the road and weather conditions as they were.

CVC 22351, section b of Speed Law Violations, states "The speed of any vehicle upon a highway in excess of the prima facie speed limits...or established as authorized in this code (includes the 65mph max speed limit) is prima facie unlawful unless the defendant establishes by competent evidence that the speed in excess of said limits did not constitute a violation of the basic speed law at the time, place, and under the conditions then existing."

The conditions at the time of my stop were favorable as documented on my ticket, by Officer (enter name), this made the speed at which I was traveling safe. I was in the limits of Basic Speed Law. My exceeded speed at the time of my stop was not against the law.



Under the perjury laws of the state California, I swear that all facts within this document are true to the best of my knowledge. _____________________________________ Date _____________________________________ (Print Your Name here and sign above).

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Defense Tactic #3: Speed of Traffic Made it Unsafe to Drive at 65mph

In a situation like this you cannot challenge the fact that the law was violated, here you can bring up other laws that might cancel out the law in which you have violated. In this tactic you will attempt to cancel out the Maximum Speed Law by using both the Basic Speed Law and the Minimum Speed Law.

You want to justify speeding above 65MPH, by stating circumstances and laws that made it lawful to briefly drive above the posted speed limit. Again, we should not be charged for breaking one law to abide by another.

CVC 22349(a), the Maximum Speed Law, states that it is illegal to drive above the 65mph speed limit on any California Highway (unless otherwise posted). When traveling on California Highways you are also required to follow other traffic laws including the Basic Speed Law, CVC 22350 and the Minimum Speed Law CVC 22400.

The Minimum Speed Law states: "No person shall drive upon a highway at such a slow speed as to impede or block the normal and reasonable movement of traffic...."

If the traffic on the highway is moving at 80MPH, and you are traveling at a slower speed than that, such as a posted speed limit of 65MPH, you would be slowing down the flow of traffic an creating a potentially hazardous situation. By following the speed of the traffic, you are obeying the Minimum Speed Law and are not creating a road hazard by following the Maximum Speed Law, driving at 65MPH or slower.

Basic Speed Law, CVC 22350, states that a driver must drive at a speed that is safe for the current conditions. (Conditions take in to account, weather, traffic volume, visibility, and road surface conditions). If traffic is traveling above the speed limit, it is not safe to drive 15 to 20MPH slower. To travel at the rate of the speed of traffic does violate the Maximum Speed Law but it does obey the Basic Speed Law and does maintain safety. Sample Defendant Statement Click Here for cut and paste version


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Please review the facts of my case contained within this document. While driving (enter direction, ex. North, West, East) on (Name of Highway), at approximately (enter time of day, include a.m. or p.m.) on (enter date, month, day and year), I was stopped by officer (Enter name and ID number from ticket) and cited with a violation to CVC 22349(a) by traveling at (enter speed on ticket) MPH. I respectfully request that my citation be dismissed as, while I was traveling at exceeded speed, it was necessary to abide by both the Minimum Speed Law and the Basic Speed Law.

At the time that I was stopped, the traffic was (enter description of traffic, i.e. heavy and was moving at about 80 MPH). Initially I attempted to maintain the 65mph maximum speed, even with the traffic going (enter approximate speed of traffic, i.e. 10-20 mph) faster than that. Due to the volume and speed of the traffic I felt that I could not maintain the slower speed and be safe. This is when I increased my speed.

"The Minimum Speed Law," states that "No person shall drive upon a highway at such a slow speed as to impede or block the normal and reasonable movement of traffic...." By driving at the posted 65 mph speed limit, I was slowing the normal flow of traffic, it was safer to obey the Minimum Speed Law, by traveling at the speed of the traffic, than to obey the Maximum Speed Law and cause a dangerous situation by traveling at the slower posted speed limit.

CVC 22350, Basic Speed Law 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." It is not safe to drive slower than the speed of traffic, so it is not safe to drive 65mph when traffic is going 80mph. This does go against the Maximum Speed Law, but in my case it was safer for me to follow the Basic Speed Law, to maintain safety.

The conditions at the time of my stop were favorable as documented on my ticket, by Officer (enter name), this made the speed at which I was traveling safe. I was in the limits of Basic Speed Law. My exceeded speed at the time of my stop was not against the law.



Under the perjury laws of the state California, I swear that all facts within this document are true to the best of my knowledge.

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_____________________________________ Date _____________________________________ Print Your Name here and sign above. Defense Tactic #4: Aircraft enforced, Illegal Speed Trap from Air

When using aircraft to enforce speed laws, the officer on the ground is supposed to clock the drivers speed independently. Police aircrafts clock speed by timing you across two designated areas on the road, that can be seen by the aircraft. Your speed is calculated by the time it took you to get from one area to another. This is an illegal speed trap, based on 40802(a)(1), it is illegal to use time-distance calculation to clock speed.

An aircraft speeding ticket must have the names of both the ground and air police officers. The pilot is the witness to your speeding, so his name must appear to confirm speed. The officer in the patrol car must also sign your ticket as he is responsible for identifying you as the driver. If your ticket is not signed by both officers, your ticket could be dismissed for lack of evidence. Sample Defendant Statement Click Here for cut and paste version


Please review the facts of my case contained within this document. While driving (enter direction, ex. North, West, East) on (Name of Highway), at approximately (enter time of day, include a.m. or p.m.) on (enter date, month, day and year), I was stopped by officer (Enter name and ID number from ticket) and cited with a violation to CVC 22349(a) by traveling at (enter speed on ticket) MPH. I respectfully request that my citation be dismissed as, while I was traveling at exceeded speed, it was necessary to abide by both the Minimum

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Speed Law and the Basic Speed Law.

I saw the patrol vehicle prior to being stopped, I had verified that I was driving the posted speed limit. Officer (enter patrol officer name) stated that he had not seen my speed, this was confirmed on my ticket with the “violation not committed in my presence” section selected, it was indicated that I had been clocked by aircraft at approximately 80mph.

A car similar to mine had passed me shortly before I was stopped. It is possible that Officer (on the ground) mistakenly stopped me as the speeder, because the description of the car, given by Officer (pilot) was similar to mine.

Regardless, if Officer (the pilot) states that he did not follow my car, until I was stopped to make sure that Officer (on the ground) pulled over the car that he saw speeding, I respectfully request that my case be dismissed due to a lack of sufficient evidence.

Additionally, please dismiss my case if either officer failed to present a written declaration, for lack of evidence.

If my alleged speed was recorded by timing in the aircraft, as I drove on a marked section of road used for speed tracking. I respectfully request that the court dismiss my ticket as this constitutes an illegal speed trap as described in CVC 40802(a)(1), "A particular section of a highway measured as to distance and with boundaries marked, designated, and 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."

Evidence obtained through the use of a speed trap is illegal based on CVC 40801: "...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."

If speed trap evidence was used as testimony by the citing officer, it is inadmissible based on to CVC 40804(a): "...any officer or other person shall be incompetent as a witness if the testimony is based upon or obtained from the maintenance or use of a speed trap."

I respectfully request that if either officer’s evidence was obtained via illegal speed trap, that my case be dismissed.


Under the perjury laws of the state California, I swear that all facts within


this document are true to the best of my knowledge.

_____________________________________ Date _____________________________________ Print Your Name here and sign above.

Violation Type 2. Basic Speed Law (unsafe speed for conditions)--22350: Defense Tactic #1: Radar ticket. "Safe & reasonable speed" and "speed trap" argument. This is the best and most often contested type of ticket. It is not illegal to drive above the speed limit in areas posted with a 30-50pmh speed limit. On these roadways the posted speed limit is a suggested speed based on a speed survey of that road. It is illegal to drive above the posted speed limit only if the road conditions make it unsafe to do so.

CVC 22350, The Basic Speed Law, 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."

In this type of traffic stop an officer is required to record road conditions. If you were driving in heavy traffic and visibility was poor due to weather conditions, and you were driving 10 to 15mph above the speed limit, this would be a warranted ticket as the conditions were unsafe. If the traffic had bee light to medium, it could be safe to travel 10-15mph above the posted speed limit. In this situation a ticket for a Basic Speed Law violation would be unwarranted.


For most Basic Speed Law enforcement, radar is used to determine

speed. The use of radar is legal only if a traffic survey has been done on the roadway within the last five years.

According to CVC 40802(a)(2) a radar speed trap is, "A particular section of a highway with a...speed limit that is provided by this code... 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."

In CVC 40803(b), another code, police must provide that the evidence obtained by radar was not obtained by use of a speed trap. In this situation the officer must submit a copy of the traffic survey from where the stop occurred. The survey must have been created in the last five years and would confirm that the road where you were stopped did not have a speed trap. If the officer cannot prove this, the radar evidence is deemed illegal and the case must be dismissed to comply with 40803(b).

The key with this situation is to prove that the road is a speed trap due to an out of date speed survey. If the officer cannot submit a valid survey, the case must be dismissed.

Defendant Statement Click Here for cut and paste version

I (enter your name), Case No. (enter case number) respectfully submit this written declaration in accordance with CVC 40902. I plead Not Guilty to the alleged violation of CVC 22350.

Please review the facts of my case contained within this document. While driving (enter direction, ex. North, West, East) on (Name of Highway), at approximately (enter time of day, include a.m. or p.m.) on (enter date, month, day and year), I was stopped by officer (Enter name and ID number from ticket) and cited with a violation to CVC 22350 by traveling at (enter speed on ticket) MPH in a (enter posted limit) MPH zone. I believe that I was traveling between (enter speed) MPH and (enter speed) MPH at the time and believe that my speed was safe for prevailing conditions.



CVC 22350, Basic Speed Law 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."

When I was stopped the road was (enter traffic and road conditions, ex. dry and clear with light traffic. My ticket states the traffic condition as "enter condition from ticket, ex. light (this should match your claim as well) ." There was no person or property at risk. Based on this, I feel that the Officer cannot make a valid case that I violated the Basic Speed Law.

Additionally I believe that the speed limit of (enter limit) on (enter name of road) is low. This reflects an out of date traffic survey and may be an illegal speed trap, based on CVC 40802(a)(2) which states that an illegal speed trap is "A particular section of a highway with a...speed limit that is provided by this code...the 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." If the survey on (enter name of road) is more than five years old, the use of radar for determining speed is illegal.

The prosecution must prove that an illegal speed trap has not been used, when using radar as evidence for speeding violations. 40803(b), Speed Trap Evidence says "In any prosecution under this code of a charge involving the speed of a vehicle, where enforcement involves the use of radar or other electronic devices which measure the speed of moving objects, the prosecution shall establish, as part of its prima facie case, that the evidence or testimony presented is not based upon a speed trap as defined in paragraph (2) of subdivision (a) of Section 40802."

If the prosecution does not provide a certified copy of the speed survey, to prove that (enter name of road) is not an illegal speed trap, as is required by law, I respectfully request that the Court rule the radar evidence inadmissible and dismiss my case based on CVC 40805.

Admission of Speed Trap Evidence, CVC 40805, 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."



Under the perjury laws of the state California, I swear that all facts within

this document are true to the best of my knowledge.


Defense Tactic #2: Radar ticket. "Radar Beam Spread” (for violations of 10mph or less in medium to heavy traffic) Safe Speed for Conditions

In California it is not illegal to drive above the posted speed limits in 30 to 50MPH zones. These posted limits are suggested speeds and are determined by a speed survey on the road. It is illegal to exceed the posted speed limits only if the road conditions make traveling at the exceeded speed unsafe.

CVC 22350, Basic Speed Law 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."

An officer is required to report road conditions when issuing a ticket. If the road and weather conditions were poor, with heavy rain and heavy traffic for example, and you were at least 10MPH above the speed limit, it is likely that your ticket is justified. On the other hand, if it was a clear day and traffic was light to medium, it could be completely safe to drive above the posted speed. In this case a ticket for Basic Speed Law violation is unjustified, but you will find that officers will issue a ticket anyway.

Drivers can be easily convinced that they have broken the Basic Speed Law. Police Officers typically fail to mention that the ticket is being written for unsafe speed for conditions, they tell the driver that they were exceeding the speed for the zone. The driver usually knows they were driving above the posted speed and signs the ticket thinking they are guilty, when they could have been


driving at a speed that is not illegal and were not endangering property or other vehicles.

Traffic Survey

California requires that most highways be subject to traffic surveys. The surveys are conducted by the city engineer and are used to determine a safe speed for a piece of road. One thousand cars are tracked as they drive across a monitoring device, the safe speed is the average speed that the thousand cars traveled at on the piece of road.

Now, the posted speed is different from the determined safe speed. The posted speed is a recommended speed and is calculated by using 85% of the safe speed. A measured safe speed of 50MPH would be multiplied by 85% to get a suggested speed of 43MPH. This recommended speed is then rounded down to a posted speed of 40MPH. It is not unlawful to drive above the posted speed limit unless the road and weather conditions make it unsafe to do so.

Radar Beam Spread

In the first 22350 defendant statement, we state that it is possible that the use of radar in these situations could be an illegal speed trap. This scenario can be used for any radar situation.

Here we look at the use of radar beam spread. This scenario works best when your ticket is for 10MPH or less above the posted speed limit in medium to heavy traffic.

Radar beams spread at about one foot for every four feet of travel from their source. At 150 feet from its source, the beam will be 40 feet across, covering four traffic lanes. The wide stretch of the police radar allows it to track several cars at once, but it can only track the speed of one car at a time. There is no way to determine which vehicle’s speed is being recorded by the device. When traffic is medium to heavy there can be reasonable doubt as to which car’s speed was being recorded by the radar device.

If you received your ticket in medium to heavy traffic, you can state that your speed was safe and that the speeding vehicle was not yours.

Defendant Statement


Click Here for cut and paste version


Please review the facts of my case contained within this document. While driving (enter direction, ex. North, West, East) on (Name of Highway), at approximately (enter time of day, include a.m. or p.m.) on (enter date, month, day and year), I was stopped by officer (Enter name and ID number from ticket) and cited with a violation to CVC 22350 by traveling at (enter speed on ticket) MPH in a (enter posted limit) MPH zone. I believe that I was traveling at a safe speed for the road conditions and was not in violation of the Basic Speed Law.

CVC 22350, Basic Speed Law 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."

Officer (enter name) omitted the details of the road conditions at the time of my stop on my ticket. He correctly entered the traffic flow as Medium. I can confirm that the road was dry with good visibility when I was stopped. Officer (enter name) did not enter the Safe Speed for (enter name of road) on my Notice to Appear. I believe that I was traveling at a safe and reasonable speed for the conditions at the time that I was stopped.

I believe that my speed was safe and reasonable for the conditions as maintained by the most recent traffic survey for (enter name of road). The survey states that the Safe speed as (enter safe speed), which is 1MPH different than the approximate speed entered on my ticket. Taking this into consideration, I believe that I was not in violation of the Basic Speed Law when I was stopped, I do not believe that my speed at the time of my stop was illegal, based on CVC 22350.

I also believe the officer’s radar may have been tracking another vehicle, as there were cars both in front, behind and passing me as I traveled on (enter street name). This is confirmed by Officer (enter name) entering the traffic level as Medium on my ticket. A beam angle of police radar is 12-16 degrees, this creates a beam width of 1 foot for every four feet of travel of the beam from the antennae. So at 160 feet from its source, a police radar beam is typically 40 feet wide.

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The officer recorded on my ticket that my radar determined speed was

(enter speed) from 150 feet way. At this distance, it is possible that any of the several cars traveling through the two lane wide radar beam could have caused the speed that was recorded on the police radar device. Based on the officer’s notation of Medium traffic and that my alleged speed was determined at a distance of 150 feet, this creates reasonable doubt as to which car was indicated as speeding on the radar unit.

Based on the presence of reasonable doubt, and the Traffic and Engineering Survey for (enter name of street) has determined the Safe Speed to be (enter safe speed), this is approximately the speed at which the offer states I was traveling, I respectfully request that that the court dismiss my traffic ticket.





Defense Tactic #3: Radar Ticket in a School Zone Basic Speed Law Violation in a School Zone:

Driving above 25mph in a school zone is a violation of 22352, the Prima Facie Speed Limit. However, since most speeding tickets on residential and city streets are issued under 22350 Basic Speed Law, most officers fail to properly write school zone tickets as a violation of 22352.

The prima facie speed limit makes speeding above 25MPH in a school zone illegal. Under Basic Speed Law, it is only illegal to drive above the posted speed limit if it is unsafe.

If the officer writes a ticket for a 22352 violation, he would have to prove that the driver was speeding above 25MPH. If the driver receives a ticket for a 22350 violation the officer must prove that the speed at which the driver was traveling was unsafe for the road conditions at the time of the traffic stop.

Safe Speed for Conditions

In California, it is not illegal to drive above a posted speed limit, in 30-50MPH zones. Posted limits in 30-50 mph zones are "suggested" speeds based upon a speed survey of the road. It is only illegal to drive above the posted speed limit if the road conditions make it unsafe to drive at the exceed speed.

CVC 22350, The Basic Speed Law 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."

In these situations, officers must record the conditions of the road at the time the traffic ticket is written. If you were in heavy traffic during a heavy rain shower, and were driving 10-15MPH above the speed limit, this is not a safe situation and your ticket is justified. On the other hand, if the weather was good and the traffic was light to medium it is possible that it could be completely safe to drive above the posted speed limit. Here the Basic Speed Law violation would be unwarranted, but you will likely get a ticket anyway.


A driver can be convinced that they have violated the Basic Speed Law

quite easily. Officers typically do not tell a driver that they have been driving at an unsafe speed for conditions. They will usually tell the driver that you were driving, for example, 50MPH in a 40MPH zone. At this point, the driver knows that he was driving above the posted speed limit, so he signs the ticket, assuming guilt. However, if the exceeded speed was not putting people or property in danger, then the speed was not illegal.

Radar Speed Traps

For most Basic Speed Law enforcement, radar is used to determine speed. The use of radar is legal only if a traffic survey has been done on the roadway within the last five years.

According to CVC 40802(a)(2) a radar speed trap is, "A particular section of a highway with a...speed limit that is provided by this code... 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."

In CVC 40803(b), another code, police must provide that the evidence obtained by radar was not obtained by use of a speed trap. In this situation the officer must submit a copy of the traffic survey from where the stop occurred. The survey must have been created in the last five years and would confirm that the road where you were stopped did not have a speed trap. If the officer cannot prove this, the radar evidence is deemed illegal and the case must be dismissed to comply with 40803(b).

The key with this situation is to prove that the road is a speed trap due to an out of date speed survey. If the officer cannot submit a valid survey, the case must be dismissed.

Sample Defendant Statement Click Here for cut and paste version


Please review the facts of my case contained within this document. While driving (enter direction, ex. North, West, East) on (Name of Highway), at approximately (enter time of day, include a.m. or p.m.) on (enter date, month, day

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and year), I was stopped by officer (Enter name and ID number from ticket) and cited with a violation to CVC 22350 by traveling at (enter speed on ticket) MPH in a (enter posted limit) MPH zone. I believe that I was traveling (enter speed) MPH in a (enter speed) MPH zone.

Officer (enter name) states that I was driving in a school zone with a temporary prima facie speed limit of 25MPH, this is the foundation of my ticket. Although, Officer (enter name) did not write my ticket for driving in a prima facie school zone, CVC 22352(b)(2). I was issued a ticket for violating Basic Speed Law, CVC 22350. I did not violate CVC 22350. I was traveling at a safe speed for the road conditions, when I was stopped, (enter speed) MPH in a (enter speed) MPH zone.

CVC 22350, The Basic Speed Law 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."

The road had light traffic and the weather was clear when I was stopped. There were no people or property at risk. My driving past a school in a 40MPH zone at 40MPH did not endanger property or individual, under the Basic Speed Law. Therefore, Officer (enter name) cannot make a probable case that I was in violation of the Basic Speed Law.

Additionally, it seems that the posted speed of (enter speed) on (enter name of street) is artificially low, suggesting the possibility of an out of date traffic survey, therefore the use of Radar could represent a Speed Trap based on CVC 40802(a)(1).

If the prosecution fails to provide a copy of the speed survey for (enter name of street) with its Written Declaration, to prove that the road where I was stopped was not a speed trap, as is required by Speed Trap Evidence, CVC 40803(b). I respectfully request that the Radar evidence be deemed inadmissible and dismiss my case based on CVC 40805.



Print and sign name and date

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Violation Type 3: 22356 Exceeding Posted Speed of 70MPH via Aircraft Ticket Defense Tactic #1: Illegal Speed Trap from Air

When using aircraft to enforce speed laws, the officer on the ground is supposed to clock the drivers speed independently. Police aircrafts clock speed by timing you across two designated areas on the road, that can be seen by the aircraft. Your speed is calculated by the time it took you to get from one area to another. This is an illegal speed trap, based on 40802(a)(1), it is illegal to use time-distance calculation to clock speed.

An aircraft speeding ticket must have the names of both the ground and air police officers. The pilot is the witness to your speeding, so his name must appear to confirm speed. The officer in the patrol car must also sign your ticket as he is responsible for identifying you as the driver. If your ticket is not signed by both officers, your ticket could be dismissed for lack of evidence.

Typically in cases involving a single officer, where a written declaration must be supplied, 30% of officers fail to do this. In cases where there are two officers about 50% of officers fail to submit the written declaration. Sample Defendant Statement Click Here for cut and paste version

I (enter your name), Case No. (enter case number) respectfully submit this written declaration in accordance with CVC 40902. I plead Not Guilty to the alleged violation of CVC 22356(b).

Please review the facts of my case contained within this document. While driving (enter direction, ex. North, West, East) on (Name of Highway), at approximately (enter time of day, include a.m. or p.m.) on (enter date, month, day and year), I was stopped by officer (Enter name and ID number from ticket) and cited with a violation to CVC 22356(b), Exceeding 70MPH Speed Limit. I believe that I was traveling at the posted speed limit. Officer (enter name of officer) explained that he had not seen me speeding, as I was clocked via aircraft. The aircraft pilot recorded my speed at approximately 80MPH. This information was also recorded on my traffic ticket.

I noticed a vehicle similar to mine, pass me, prior to my traffic stop. Since the description of the speeding car, would have been similar to mine, I believe that Officer (enter name) stopped my car by mistake, thinking mine was the



speeding car.

Regardless, if Officer (enter pilot name) states that he did not follow my vehicle until the traffic stop, he can not be sure that Officer (enter name ground officer) stopped the correct vehicle. I respectfully request that my case be dismissed for lack of reliable evidence.

If either officer fails to submit a Written Declaration, I respectfully request that my case be dismissed for lack of evidence.

If Officer (enter pilot name) determines that my speed was recorded by timing my travel between marked length of road, I respectfully request that the court dismiss my ticket as this would be an illegal speed trap based on CVC 40802(a)(1), "A particular section of a highway measured as to distance and with boundaries marked, designated, and 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."

Use of speed trap evidence is illegal based on CVC 40801, "...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."

The evidence from a speed trap is considered inadmissible based on CVC 40804(a), "...any officer or other person shall be incompetent as a witness if the testimony is based upon or obtained from the maintenance or use of a speed trap."

If the pilot’s testimony indicates that a speed trap was used to record my speed, I respectfully request that my case be dismissed.





Introduction Phase Two

The essence of Case Dismissed Phase 2 is Trial by

Ambush. You will challenge the evidence against you by making essential to the prosecution something they should have, but cannot produce in court at your trial. You catch the prosecution unprepared. Illegal? No, but fatal to the prosecution’s case against you.

The key to Case Dismissed is breaking the chain of evidence against you. This book will show you exactly how to do that. There are specific sections for dealing with the method that caught you, be it pace car, radar or laser. But read all the sections as there is useful information in each of them.

Note: Most people who beat their ticket never have to use these methods. Most cases are dismissed because the police officer does not appear, or they realize they will not win (They see a defendant is prepared). It is highly likely you will never use the information in this book because your trial won’t get that far.

However, you MUST have a viable strategy in case you do end up having a trial. Case Dismissed gives you this viable strategy.

To succeed and beat your ticket, you may need to appear in court and argue your case. This may sound intimidating. It is; for the unprepared. You are going in against professionals who are there every day. What you will do maybe once or twice in your life, they do hundreds of times a day.

Prosecutors and police officers have a huge experience advantage against you. They know what to say, how to say it and when to say it. They’ve heard and beat the stupid excuses and gimmicks. They have built their own systems that allow them to try and convict dozens of people a day.

Are you intimidated yet? Well don’t be. Because Case Dismissed is going to help you take advantage of their system. That’s the ambush part of the strategy. You will be far more prepared than they ever expect you to be. You will be demanding information that they should have, but neglect to bring to court simply because it would take too much time to be that prepared. It would mess up the flow of their high speed conviction system. You will turn the tables on

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them and, realizing their weakness has been discovered, they will dismiss your case due to lack of evidence.

I assume you have checked the ticket, the car described is your car and the ticket is yours. There are no obvious mistakes or fatal flaws that make the infraction invalid (misspelling your name or an incorrect address does not invalidate the infraction, the officer will identify you as the person he ticketed.) The info on the ticket has to be VERY wrong for it to be a fatal flaw, such as an entirely different type of car, or major difference in color.


Why Does Case Dismissed Actually Work?

The core principle behind Case Dismissed is that the prosecution must be able to document the accuracy of the measuring device. If the measuring device is a radar, they must be able to document the accuracy of the radar and of the device that calibrated the radar. The same is true of the speedometer in the police car that was pacing you, and the same is true with a laser. There are legal precedents for all this, and in the following pages, you will be given general information on a trial, a background as to how this legal strategy works, and strategies and specific questions for each measurement type.

“If it is the law, then why don't prosecutors come to court with all the material to win. Surely they know they should have this documentation?”

You’ve got to understand a few facts. If you’ve ever been to traffic court, and I highly recommend going before your trial so you get comfortable with how it works, you will see that this is a machine. A money machine.

The prosecutor and court personnel are there to grind through as many cases as possible during the day. It is a numbers game and they need to pump people through.

You, being the prepared individual, are a serious impediment to productivity.

Most defendants are completely unprepared. They believe that their lame excuse will get them off. If their ticket is truly unjust, they somehow believe the officer will always tell the truth. These defendants are mowed down like long grass. The prosecutor knows this, so they do not prepare for each individual case.

In fact, the system is set up so they can’t. Do you know how much time it would take to pull all of this evidence foundation documentation together for every single ticket? It just can’t happen. It should, but it doesn’t.

Suddenly, a prepared defendant (you) steps up. You calmly place some case law on the table and begin cross examining the officer, asking questions about the foundation of evidence that the prosecutor knows he doesn’t have.

At this point, the prosecutor has three choices. 1. Try to challenge existing case law. 2. Beg the judge to stop you. 3. Chalk one up in the loss column and quickly get rid of you.


He isn’t going to challenge case law because it just isn’t worth it. Besides,

he knows these precedents are already set and he isn’t going to the supreme court any time soon.

He may well ask the judge to ignore proper law and let him get away without foundation. That is why you will always provide the relevant case law before your trial starts. If the judge does happen to side with the prosecutor, you now have excellent grounds for dismissal on appeal. Rightfully, the judge cannot ignore precedent.

No, the final choice is the most likely. The prosecutor will want to get rid of you as quickly as possible. In fact, the prosecutor will most likely ask for dismissal before you even have a chance. He doesn’t need your grief. He is unprepared, he knows it, the judge knows it, the police officer knows it and you know it.

Okay, you ask, why doesn’t the police officer come prepared? Essentially, it comes down to money. It will take a lot of time for each officer to be properly prepared with documentation for every single speeding arrest they make. Who is going to pay for that? As a taxpayer, do you want police out on the street preventing crime or in the office documenting tuning fork calibrations and collecting repair logs for cruisers?

Look at it this way. It’s all about the money. They stopped you because they want yours. But they can’t spend enough money being prepared to defend everyone so they just go by the averages, knowing that once in a great while one of you will get away. Perhaps if everyone used Case Dismissed, there wouldn’t be so many speeding traps. On the other hand, if everyone used it, they would likely come up with different laws and or procedures to eliminate its effectiveness.

Moral? The prepared side beats the unprepared side.


The Ticket

Also known as, The Pleading which happens to be the charge against you.

Examine the ticket: The important side is the side the officer did not fill in. It is the side explaining what it is you are supposed to do if you intend to fight.

Every jurisdiction may have its own format. There is no standard format. Consider this side as being designed with evil and malicious intent. Some of the information of evil intent may also be on the other side.

Here is what to look for and do:

• If you intend to plead not guilty or contest the ticket what must you do. • If you want the officer to be at your hearing what must you do • If you want to subpoena witnesses what must you do • Is it an infraction or an misdemeanor (this relates to your 6th

amendment rights) • If you want to examine any records or have copies of records, what must

you do

Not doing as the ticket specifies is not fatal, however it will make your defense harder, possibly cause a second time-consuming hearing, and cause unwanted confusion.

Special Directions:

1. If you send anything by mail send it registered, return receipt and keep a copy of what you sent. Bring it to court with you.

2. If the ticket states anything to the effect that if you want the arresting officer present you must do something, DO IT! You want the arresting officer present. I know, it sounds stupid, but you definitely, absolutely, positively want to request the officer to be there. Without the officer, you have nothing to cross examine but a ticket.

3. If your ticket says that you may subpoena the officer, do so This is a trick and if you do not issue a subpoena, the officer will not show up and the Judge will say that you should have subpoenaed the officer. Your case will not be dismissed and the Judge will use the officer’s written deposition as evidence. (Call the court clerk to find out how do subpoena the officer. It is different in different states.)

4. If the ticket says that you must do something concerning discovery, reply with these words only. 'The Defendant requests the prosecution present in court competent foundation to any evidence it intends to introduce.


Now read the rest of the ticket and try to determine what method was used to determine your speed. If it is not indicated on your ticket you can request this information from the court. However, the court may give you a wrong answer. Unless the ticket specifically states the method or you know what method was used then come prepared with all defenses, Laser (lidar), Radar and speedometer defenses.


The First Layer of Your Defense

Realize that just by showing up in court, you have greatly increased the

odds that your ticket will be dismissed. You have taken the first, and most important step in beating your ticket. Every day more than 100,000 people roll over and pay their fine. Even when they know they weren’t speeding or were operating their vehicles in a perfectly safe manner. Appearing in court is the first “layer” in your defense. Why? Because often the police officer who gave you the ticket simply will not show up. In a significant percentage of cases, which vary by county, the officer may not show up for one reason or another. (Again, as stated above, look over the ticket carefully to see if there is something you must to do ensure that the officer is present.)

Remember, “If they can’t talk, you will walk.”

Many people advocate trying to get the court date changed. It may be a good idea, but you need to consider your personal circumstances. If the date is moved, you had better show up.

If the officer doesn’t show up at the moved date, the prosecution will likely ask for a new date and they will probably be granted that request, since they will argue that you have already had the date moved. The Judge will probably agree. So another date is set and you have spent yet another day in court without resolution.

If you have a job that requires travel or has little flexibility, attending all these court dates could be a problem. Not showing up for a trial date is a more serious offense and can result in the issuance of a warrant for your arrest. Don’t go there.

On the plus side, there is probably a greater chance that the officer will not show up and that you can get the case dismissed. So consider your options, and go for a postponement if your circumstances allow it. The clerk or courthouse can tell you the exact procedure to follow to get a new trial date.

This certainly can’t be the basis for your defense, but it could be a good first layer. And it may very well be a painless way to beat your speeding ticket.

The second layer is the ambush, which the rest of the book discusses.


Some Legal Basics

1. The police officer is also an officer of the court. Be nice to him, do not insult him. Insulting him is like insulting the Judge. Remember the Judge, the prosecutor and that police officer know each other very well. They are both officers of the court.

2. Be nice, polite and friendly to the Judge and the prosecutor. They have a job to do. That job is to convict you and impose a fine.

3. Don’t come to court dressed like a slob. That is an insult to the court.

4. Stick to the point: getting your case dismissed. Do not get sidetracked.

5. You are charged with a specific speed, say 15 MPH over the speed limit. It is the prosecution’s job to present evidence that in fact you were traveling at that speed. Not “some” speed, not “fast” but 15 MPH over the limit. Even if they prove that you were going fast, fast is not what you are charged with.

6. If you open your mouth, and admit to anything, and I mean anything, the charge against you can be changed. You can and will be found guilty if it came from your own mouth. If the judge, magistrate or prosecutor asks you anything about the ticket or circumstances surrounding it, politely reply that you would prefer not to testify against yourself. Don’t start quoting the fifth amendment like you are on TV, just be polite and firm.

7. Innocent until proven Guilty is ‘Legal Fiction’. Like fiction, don’t believe it. You are in court because you are presumed guilty. The only thing between you and the conviction is the evidence.

8. Proof required in criminal cases (tickets) is “beyond a reasonable doubt” not “beyond all doubt”. The key word is “reasonable”. Unless you challenge the evidence, it will be presumed to be “reasonable”.

Case Dismissed makes the evidence against you inadmissible or unreliable:

Do not, repeat, Do not try to prove that you are innocent:

The only reason for the trial is to hear the evidence and convict you:


The evidence could be:

1. Either you were paced by the officer’s car, that is, he followed you and noted your speed on his speedometer, or he timed you using a stopwatch or VASCAR timing device.

2. The officer used a radar type device to determine your speed.

3. The officer used a laser device.

Quick overview:

This is a quickie, for you to get the idea. Take this situation. You were cruising along and suddenly there was a cop behind you with his lights blinking. He tells you he has been following you for ¼ mile. This means the cop paced you with his car, using his speedometer to determine how fast you were going. He has given his testimony and now it is your turn to ask him questions. You ask him is to present documentation from a recognized speedometer shop as to the last time the speedometer in the car he used that day was calibrated.

Surprise, he can’t. Few police forces calibrate their speedometers. If a police force does, chances are the officer does not have the documents with him. No, they can’t go and get them to try you some other day. The trial is now and if the prosecution was unprepared, too bad. The prosecution rested its case when they handed the witness over to you. The evidence presented now has a fatal flaw.

You immediately ask for the case to be dismissed.

Note: You did not prove anything; you simply asked for documentation that the prosecution was unable to present. By asking for it, it became an essential element of the prosecution’s case against you. Do not attempt to prove that the officer did not read his speedometer correctly. You simply took away their assertion that the speedometer was accurate to a legal degree of certainty. You cast doubt as to the accuracy of the speedometer. You broke the chain of evidence.

(The Judge knows that the speedometer, even though not 100% accurate was at least close. Close counts in horseshoes, atom bombs and hand grenades. The Judge knows you were going fast. However the charge is an exact figure based on readings from a device that the prosecution can no longer prove to be accurate to a legal degree of certainty.)

Fines are based on an exact figure. For instance, 11 to 15 MPH over the limit $75, 16 to 20, $125. If you open you mouth and say “I was not going that


fast”, you opened the door to a change in the charge. The court can assume by your own words that you were going over the speed limit. The court can now find you guilty of speeding and impose a fine without a definite speed. The charge can and will be changed to an arbitrary figure. You opened the door to a change of charge, you admitted to a crime.

Remember when you plead not guilty, you plead not guilty to going 15 MPH over the speed limit. That is your plea, and 15 MPH over the limit is their charge.

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Some Courtroom Basics You Should Know

This section is designed to provide you with some background information regarding your trial. 1. Cross Examination. When the prosecution has finished questioning their witness, the prosecution rests. You have the right to cross-examine the witness, but only as to the testimony the witness gave. That is, you cannot ask questions about something not covered in the direct testimony. The Prosecutor then has the right to question the witness again after you are finished, but only as to items covered in either the examination or your cross examination. After the prosecutor is done with his re-direct, you can re-cross examine the witness. It seldom gets to this point.

2. Best Evidence Rule. Basically if an original is available and it exists, it must be used. In the event the original does not exist a photocopy may be used provided that there is certification that the photocopy is a true copy of the original. Remember this, if someone tries to introduce a photocopy. Ask for the original and object to a photocopy.

3. Case Law. Applied law is based on case law. This is where someone takes a case all the way to the Appeals Courts in the State or Province, or to the State, Provincial or Federal Supreme Court and a ruling is made. That case is reduced to writing by the particular court and then is published so that the lower courts (e.g., the court in which your case is being tried) in that particular jurisdiction may and should follow the ruling of the higher court. Relevant California case law and statutes are included with Case Dismissed.

4. Case Law and Calibration. As it applies here: In every state and Province there is case law regarding radar and the use of pace cars. In every situation the ruling is that whatever means is used to determine your speed, the device must be accurate and functioning correctly. Calibration is recognized as being essential to proving that a measuring device is accurate. If the calibration of a device is not challenged, it is presumed to be accurate and functioning properly.

Calibration must be done within a reasonable period of time of an arrest. A calibrated unit, if damaged or altered, is no longer considered calibrated unless it is re-calibrated and found to be functioning correctly. If a device is used to calibrate another device that device itself must have been calibrated within a reasonable period of time prior to use for calibration. (in this event courts agree that six months is a reasonable period of time)

5. Reasonable Time in Regard to the Radar. The unit must be tested before your arrest within a reasonable time. That time is no more then the day of the arrest. To show that the device was functioning properly during the arrest the unit should be checked again immediately after the arrest.

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6. Reasonable Time in Regard to the Testing Device to Test the Radar. This is generally accepted as no more then six months and in some states it is three months. The same applies to speedometers.

7. Radar Log. The radar gun must be accompanied with a log, showing repairs, when it was last tested, who tested it and what malfunctions the unit has had in the past. There is also an arrest log that the officer must keep. This log shows the time of your arrest and the time when he tested the radar unit. He has an obligation to present the log if it is material to the evidence, provided you ask for it.

8. Maintenance Log. For the vehicle in the event of being paced. Ask for it, and ask for the documentation on the speedometer certification.

9. Match up the paperwork. If the prosecution produces certification or related paperwork it may not match up. That is if they produce a certification on the tuning forks for a certain radar unit. Make them show that by serial number (yes they all have serial numbers) that this particular tuning fork was used on the specific radar unit to which it belongs and that specific radar unit was installed in the specific car that day where it was used to determine your speed. They must show this by logbook entries, the officer’s word is not good enough unless you accept it. (In the vast majority of cases, the officer does not have a clue as to the serial number of the radar unit installed in the car he was assigned to that day, and the trial is now. There is no time to spend days researching maintenance records to make a decent paper trail. Remember the prosecution has already rested its case, it can not ask for an extension unless you let them. (If the prosecutor asks for an extension, object. The judge will turn him down. If you do not object the judge may grant the request).

10. Radar. Okay, we all know the stories of radar clocking trees at 100 MPH and stop signs at 75MPH. All courts have taken judicial notice that radar readings are admissible provided the following chain of four items remains unbroken.

a. The unit was used properly by a trained and qualified operator;

b. The radar unit is properly maintained;

c. The radar unit was properly tested;

d. That the calibration device used to test the radar was in proper operating order and was tested accurate within a reasonable period of time.

(d. Is a key ambush item of Case Dismissed)

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11. Judicial Notice. Judicial notice is the practice of the court accepting something as fact, which does not have to be proven again in that court. For example, water is H20, fire is hot, ice is cold. Courts have taken judicial notice that radar and speedometers are accurate measuring devices provided they are calibrated and used correctly.

Do not bother telling the court that radar is bad, or that it doesn’t work. Do not waste your time on explaining that there was heavy traffic, that the officer mistook your car for another one, or that there might have been radar scatter. Accept it, radar works, officers know how to use it, and the court will accept their testimony unless you find fault with one, any one, of the above four admissible evidence items.

Finding fault with any one of the items listed in the paragraph regarding radar above breaks the chain of evidence. Break one link and the court can no longer assume to a legal degree of certainty that the readings are accurate. This leaves the prosecution without credible evidence as to their charge.

12. Leading Questions. Although you are usually allowed to ask leading questions on cross-examination, a judge, particularly one who has not been trained as an attorney, may not allow you to ask leading questions. If you ask a leading question the prosecutor will most likely object and if you are uncertain as to how to respond, you may be prevented from continuing with the particular question. So it is best to avoid leading questions as you are not a lawyer and not trained in the nuances of separating leading questions from allowable questions. However it is necessary for you to have some basic understanding of what a leading question is in order to avoid this potential problem.

A leading question is essentially a question that implies its answer. For example, this is a leading question:

Q. Did Mrs. Smith tell you that her husband hit her?

An example of a non-leading question would be:

Q. What did Mrs. Smith say regarding her husband?

Basically the difference is that in one instance you make a statement and then ask the witness to agree with it. In the other instance you are asking the witness what the statement was. Non-leading questions can be thought of as who, what, when, where, why, and how questions. If you can begin your question with one of those words, you will safely skirt the leading question issue.

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13. Speed Traps. California has its own unique statutes with regard to

speed traps. CALIFOR IA CVEHICLE CODE

N ODES

SECTION 40800-40808 40800. Every traffic officer on duty for the exclusive or main purpose of enforcing the provisions of Division 10 or 11 of this code shall wear a full distinctive uniform, and if the officer while so on duty uses a motor vehicle, it must be painted a distinctive color specified by the commissioner. This section does not apply to an officer assigned exclusively to the duty of investigating and securing evidence in reference to any theft of a vehicle or failure of a person to stop in the event of an accident or violation of Section 23109 or in reference to any felony charge, or to any officer engaged in serving any warrant when the officer is not engaged in patrolling the highways for the purpose of enforcing the traffic laws. 40801. 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.

Avoid These Mistakes

1. Do NOT motion the court before the trial for any documentation whatsoever.

2. Do NOT motion the court for their evidence before the trial.

3. Do NOT testify, even if the prosecution challenges you to testify.

4. Make no statement whatsoever as to your speed, don’t even say something as innocent as “I wasn’t going that fast”. Do not let the prosecutor con you into making a statement, any statement. Remember the burden of proof is on their shoulder. Don’t make their job any easier.

5. DO NOT let the prosecution know your intentions.

One of the major aspects of “Case Dismissed” is Trial by Ambush. You are going to catch the prosecution unprepared. If you tip them off by letting them know your intentions, they may produce the necessary paperwork at trial.

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Remember for speeding offenses the trial is assembly line prosecution. The prosecution has neither the time nor resources to gather the documentation for every case it will hear in this session. Dozens of people will be tried one after the other during your session with only a few minutes for each trial. The prosecution expects you to be a wimp, an unprepared victim just like the dozens before you and after you.

If you tip them off by asking in advance for all the required documents, they will know what you are up to. For your single case they may come prepared.

Remember “Trial By Ambush”. Yes the legal community frowns upon it. However in your case you are only asking at trial what any reasonable prosecutor would present. The fact he doesn’t present it as proper foundation to the evidence is not your fault or responsibility. He is a trained lawyer, you are not. He knows that the items you ask for are required. The fact that he didn’t properly prepare is no excuse and he cannot claim Trial by Ambush. (Even though you really ambushed him when you ask for the documentation, even in a simple case like a traffic violation, he should have been prepared)

During the officer’s testimony, do not object to anything. Wait your turn; do not tip them off as to your intentions. If you object when the officer introduces the radar evidence by objecting to foundation, you open the door for the prosecution. The prosecutor will know your intent. Wait until it is too late, let the prosecution rest its case.

Remember, once the prosecution has rested, they cannot bring in more evidence, their case is finished, and it is over. They can call no more witnesses unless they are rebuttal witnesses to your cross examination of the officer. Since you are asking for documentation, they can’t call another witness, all they can do is present documentation they do not have at trial that day. You know the rest, no documentation, or “If the paperwork don’t fit, you must acquit” Without that evidence the prosecution has nothing, nada, no evidence. The evidence presented by the officer is now worthless. Bottom line, do not tip them off.

6. You have ambushed the prosecution. They may try to introduce new evidence. Do not let this happen. Argue that the prosecution has rested. (Presenting logs or documentation that you ask for is not new evidence. Presenting something that is different like another officer who happened to be behind you is.)

7. DO NOT ask for a Jury Trial. The prosecutor will prepare himself for that. Unknown to you at a Jury trial the prosecutor can ask for the full punishment allowed by law including years of jail time for going just a few miles per hour over the speed limit.

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A Jury trial takes a lot of time and resources from the court. This makes the court mad and you will most likely lose at a jury trial. The Jury can, without

being bound by the evidence or lack thereto still convict you. They may even be getting back at you for wasting their time.

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Preparing Yourself for the Trial

1. Only a lawyer can give you legal advice. However by now you have read enough to know what to do. Disclaimer: The author is not giving legal advice.

2. After reading Case Dismissed, make up your own list or of questions (or copy mine). You are allowed to read from a list at trial

3. Make up your own list of objections (or copy mine) should the prosecution ask for more time.

4. Make up a list of requests, Motions to dismiss, so you can read them from your list. As a matter of fact, you can make a full list of motions and ask for them all, just in case one fits and another does not.

5. Write out a closing argument just in case you need to do a closing argument. Do not be afraid to read it to the court, you do not have to memorize it.

6. You already know what device was used to determine your speed. It is written on the ticket. The arresting officer told you (I clocked you with radar, laser or followed your car). Prepare the appropriate defense for the appropriate arrest.

7. Find out from the court what days they have traffic court.

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Trial By Magistrate

In many states you will first receive a trial by magistrate or something simlar with a different name. This is essentially a trial by someone other than a judge. Many states have now made these legal by making speeding violations civil infractions. Nevertheless, you must deal with these, and you can often win here. Your strategy is the same, although these proceedings are typically less formal than in a full court with a judge. The magistrate is often an attorney or a retired judge. There may not be a prosecutor, sometimes the officer presents his case. The key to remember is that you can appeal a decision if it goes against you – but you can also win here and get your case dismissed. You use the same arguments and strategies from the rest of the book. The magistrate may offer you a plea bargain, and it’s your right to determine whether you want to take it or not, depending on your own circumstances.

What Will The Trial Be Like? Fast, and I mean fast. The prosecutor already knows the questions he will ask the officer. The officer already knows what to say to the prosecutor’s questions. They have done this hundreds, if not thousands of time before. You won’t catch all of what they say.

Pay attention only to testimony regarding calibration. If you are caught in a speed trap, read the appropriate information below. Ask as few questions as possible. Open no doors and once the point is made, stop and ask for the case to be dismissed. Do not continue unless your motion is denied.

You will be nervous. Don’t worry, take your time, read your notes and then ask any one of the prepared questions you have written down. You are allowed to read from your sheet. Do not let the Judge or prosecutor rush you. Ask for a moment to read your notes. They cannot deny this. (if they did deny this it would be grounds for immediate appeal)

The prosecutor will try to rattle your cage by objecting. He may object to your question as “leading”. (He knows where you are going and he is trying to derail you). Turn to the Judge and state that you are a layman, not a skilled trial attorney, and ask for some leeway. If you hear the word “sustained” it means the officer won’t answer the question the way you asked it. Ask it another way. Start the question off with “What”, “How” or “Did”. This will generally result in an acceptable question.

Most of all, the prosecutor will try by suggestion to have you take the

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stand and make a statement regarding your speed or how fast you think you were going... DO NOT DO IT. You may be tempted to take the stand so that you can tell your side of the story, DO NOT DO IT. Your story is not important and will never lead to “Case Dismissed” or “Not Guilty”. Remember anything you say in your own defense can and will be used against you. Only ask questions, never give an answer. A question asked can never be used against you.

If your mind freezes, ask the judge for a moment to regain your composure and read the notes. It will come back to you.

Most of all keep your questions as few as possible. The fewer the better. Stay on target with your questions.

The entire trial should have only one objective. The speed-reading of your car may be wrong or you may have been stopped in an illegal speed trap. That is the only objective, achieve that and you win.

The prosecutor before the trial or during the trial may make you an offer for a reduced charge. That is reducing the charge to a non-moving violation. Take the offer. Turning down the offer may just anger the Judge and produce a guilty no matter what. The Judge knows that on appeal his ruling will most likely be overturned, but in the meantime you have to put up a bond for appeal, hire a lawyer and spend lots of bucks. Judges don’t like having their judgments overturned, but to piss you off for refusing a deal he thinks is good might just make him find you guilty.

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Your Trial OK you are going to fight the ticket. You have a court date and you appear at the court on that day and at the time specified. There are a lot of people there, mostly defendants, a few lawyers and the occasional policeman.

“All rise”, the Judge comes in and takes his seat. Generally he will first ask if any lawyers are present with business for the court. (this is where the deals are made). After the lawyers make their deals the cases are called. Generally this is only the plea portion. Your name is called and you plead “Not Guilty”. The judge sets a trial date for you and you go home. In some cases the trial is held right away. Come prepared.

Now that you are at your trial remember, the burden of proof is on the prosecution. You have nothing to prove, don’t try to prove anything.

Your case is called:

You say, “Your Honor may I approach the Bench” You approach the bench and hand both the Judge and the prosecutor copies of the case laws you brought with you. (you need three copies, one for the Judge, one for the prosecutor and one for yourself).

You now say, “Your Honor these are the most notable case laws concerning (radar, Vascar, Speed Traps, Lidar-laser, photo-radar or speedometer) they deal with foundation and admissibility of evidence.”

You now sit down. They may read them and then again they may not.

For Radar and speedometer (being paced) and Vascar: bring, Honeycutt v. Com; People v. Perlman; St. Louis v. Boecker; State v.Gerdes; and State v. Tomanelli

For Lidar-Laser: bring, ADMISSIBILITY OF MOTOR VEHICLE SPEED READINGS PRODUCED BY the LTI MARKSMAN 20-20 LASER SPEED DETECTION SYSTEM.

For Photo-radar bring: Municipality of Anchorage v. Baxley

You also have a folder of case law specifically for California. You should read through this case law and bring copies of any cases which are relevant to your situation. This is a critical component of the case dismissed strategy in California.

These can be found in the same folder as the Case Dismissed book was found on your disk drive, under the Case-Law / Important ones folder - or in the individual State Folders under Case Law

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The arresting officer is called to the witness stand and the prosecutor asks him questions. (Don’t be surprised if the officer lies through his teeth.)

After asking the officer’s name, years on the force and training background he will get to the particulars of your arrest. The officer will remember your arrest (Sure, even though he has arrested hundreds, maybe thousands since he arrested you. You know he is lying. The judge knows he is lying. And the prosecutor knows he is lying. He does not remember your arrest, his memory is not that good and it does not matter, he is reading from the ticket and possibly his notes).

Now the evidence is introduced. First the prosecutor will ask the officer how he tested the radar. The officer will say something like; “I performed an internal check by pressing the test button. The indicator light turned green showing that the unit was working properly. I then tested the unit with the 30 mph tuning fork, the 50 mph tuning fork and the 70 mph tuning fork, all tested well.”

The prosecutor will now ask him as to any special training he has had regarding the use of the unit. (in most cases he will lie like a rug, he never had any training, probably never even read the manual). However, the court will accept his word. He does not have to produce his training certificates. The court assumes he is telling the truth as an officer of the Court. Don’t bother challenging his training unless it is obvious he has had none.

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Unprepared Prosecution

When The Arresting Officer Fails To Appear

When Prosecution Wants to Move the Trial Date If the officer doesn’t show up for trial, the prosecution has no evidence to present. They will often ask the court to set another date. Do not let them, you must object. The Judge will say “without objection trial will be reset for June 13.” If you don’t object they have another shot at you.

If you were lasered, timed, or viewed in an airplane by one officer and another wrote you the actual ticket, both officers must be present.

You must object and state,

“Your Honor, the trial is today, and the fact that the prosecution came unprepared is not my problem. I have appeared and am ready to proceed with trial. If the prosecution is not ready, then I motion that the case be dismissed for lack of evidence.”

Typically, if the primary officer does not appear in court, you won’t even get this far as the prosecution will drop the case because they know they have no evidence.

Treat the un-preparedness of the prosecution the same way. If they did not bring something to court do not let them take time to get it.

When Prosecution Does Not Have the Paperwork It Should Have (Should the officer not appear, ask for a dismissal, it most likely will be granted. Do not let the prosecution try for another trial date, object.)

1. The trial is today; now, if the prosecution does not have the required paperwork, don’t let them get away with asking for a postponement. They can ask, but if you object it will not be granted.

Object this way.

“Your Honor, the trial is today, right now. If the prosecution came unprepared for trial, that is their problem. The prosecution knows, or should know, what is required to present proper foundation for entering evidence. The prosecution knows or should know that there must be evidence that both the radar unit and the unit testing the radar unit were in good working order and that documentation to prove this is essential to the presentation of their evidence. I request you deny the motion by the prosecution.”

2. The prosecution may say that the officer’s word as to the fact that the

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unit testing the radar or that the speedometer was tested should suffice.

Object this way.

“Your Honor, unless the officer has direct knowledge of this by being present when the unit was tested, and presents evidence to that fact, his testimony to something he has no direct knowledge of should be stricken.”

3. If the prosecution tries to say that it is assumed that the police department has done these tests.

Object this way.

“Your honor, The prosecution has no direct knowledge of this, presented no evidence to this and the assumptions of the prosecution or the witness is exactly that, a presumption - with no basis in fact - and should be rejected by the court.”

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Caught in a Speed Trap

It is well worth your time to read the case law Re: speeding traps in the California folder of your case law. These cases explain California’s laws regarding speeding traps in the specific procedures that must be followed. In particular, the state requires a engineering survey to prove that a posted speed limit is valid. If the officer does not physically produce the engineering survey, your case should be dismissed. The case law provided details these precedents and you’ll want to be familiar with these concepts. This layer of the case dismissed the strategy is very simple. After the officer finishes his testimony, you are going to ask for the relevant engineering survey. “Officer (whatever his name), please present to the court the relevant engineering survey for the roadway on which my alleged violation occurred.” If by chance a proper engineering survey is produced, you should check to make sure that the date of that survey is within five years of the date of your alleged violation. If the document is not produced or if the engineering survey is too old, you must immediately motion for a dismissal. Remember that California has laws against speed traps which we have provided in the appendix. Use that against the prosecution, and make sure they have proper engineering surveys.

Caught by a Pace Car OK let’s get to work. Let us assume you were caught by a pace car. The arresting officer used the speedometer in his car to determine your speed.

You may want to print out these pages and go over them and make notes on them. This is the heart of your defense.

He says he followed you for a certain distance at say 75 miles per hour in a 50 mile per hour zone.

Wait until his testimony is finished. Now it is your turn. Ask the following question.

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“Officer (whatever his name), please present to the court documentation from an approved speedometer shop certifying the accuracy of the speedometer on the specific car used by yourself on or about the time of my arrest.”

Now you have him, he can’t produce the record and remember the paper trail. If he produces something it must show what car, and identify the car used during the arrest. In other words along with the certification there must be a log.

DO NOT ACCEPT “I AM CERTAIN THAT THE CAR HAS HAD ITS SPEEDOMETER CERTIFIED”. If he says this, ask him,

“I am asking for facts, not your beliefs, please present to the court documentation as to the certification of the speedometer.”

When he cannot produce the documentation or show a proper trace to the specific car, motion the court; ask for

“Defendant motions for dismissal”.

If the motion is granted, you win. If the motion is not granted motion again, this time ask for

“Motion to exclude evidence as the prosecution can not certify as to accuracy of the device used to determine defendant’s alleged speed to a legal degree of certainty.”

If the motion is denied as to the exclusion of evidence, rest your case and go to the closing argument. The prosecution will make the first argument. Now it is your turn. Here is a statement you can use for your closing argument:

1. Since all fines are based on a specific speed, and this Charge is based on a specific speed the accuracy of the device used to determine that speed is essential.

2. The prosecution has failed to present evidence that the speedometer, the measuring device used, is accurate or that the speedometer has been tested by a qualified facility within a reasonable period of time prior to the arrest.

3. No other credible evidence that clearly and definitively, to a legal degree of certainty, quantifies the specific allegation, has been introduced.

4. Defendant requests the court to render a finding of not guilty as the prosecution has failed to prove its charge.

Notes:

It is highly unlikely that you will get to make a closing argument; the case will in all likelihood be dismissed. However it is a good idea to prepare for a closing argument. Use a similar closing argument for radar if the need arises.

Some notes on the speedometer and how to destroy that evidence:

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1. No car manufacturer certifies the accuracy of the speedometer; only a test facility can do that, usually a certified speedometer shop.

2. Some states for their State Police either have their own test facility or use some approved facility to test their speedometers. It is doubtful that the arresting officer will have that documentation at trial. Even then it is more doubtful that a connection can be drawn to the specific car used that day because officers change cars all the time.

3. Almost no municipality ever has their Police car speedometers checked. Chances are that in a municipal court there is no record, because the Speedometers are never tested.

Another way some municipalities certify their speedometer:

The officer states that on that day he drove the car past another officer who clocked him on radar at 30 mph, 50 mph and 70 mph and that his speedometer agreed with the radar readings.

1. Only the officer who used the radar gun can testify as to the readings on the gun.

2. Only the officer who tested the radar gun can testify as to the test performed. Without the second officer present and testifying, challenge the admissibility of the evidence that the speedometer was tested and found to be working correctly.

“Your Honor, only the officer performing the tests can testify as to the readings he observed and what tests if any he performed on the radar unit itself. We have no testimony from that officer. Motion to strike evidence presented as to the accuracy of the speedometer”.

If the second officer is there and testifies: (highly unlikely) you will have to use the radar defense which is the next discussion.

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Questions for the Trial: Pace Car Speedometer

If I were to prepare a list for trial, this is what it would look like. Remember this is only a list I would use. I am not giving legal advice. Do with this list as you please. You can add items; or refer to suggested questions from other advice on the net.

1. Listen to testimony of officer

Listen for: if the speedometer was checked or not. If the speedometer was checked, how was it checked?

Q1. Officer (name) how did you check the accuracy of the speedometer in your car?

A1. I did not check it, or the Maintenance people checked it, (no knowledge of it being checked or how it was checked).

(If maintenance checked it go to Q1a)

Q2. Officer (name) are you a qualified speedometer technician?

(Alternate question, Officer have you had any formal training in speedometer repair and calibration).

A2. No (he will say no).

Q3. Can you, not being a qualified speedometer technician, to a legal degree of certainty, certify to the court that the speedometer in the car you used on or about (at the of my arrest) was accurately calibrated?

A3. No. (if he says yes, say; Officer you just testified that you have no training in speedometer repair or calibration, other then your personal feelings as to the accuracy, do you have any documentation from a certified speedometer shop attesting to the accuracy of the device?).

Ask for dismissal.

___________________________________________________

If Maintenance people checked it or it was calibrated in any way then ask:

Q1a. Officer (name) Please present to the court documentation to that effect, documentation that shows the speedometer in the particular car used by you on or about the time of my arrest was calibrated by a facility certified to do such checks and calibration.

Wait for answer (if unable to present documentation, go to Q2. above and ask the next two questions, then ask for dismissal).

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(If documentation is presented, make certain it deals with the vehicle the officer used that day)

Should the officer produce the correct paper work ask:

Q1b. Officer (name) Please present to the court documentation from The Specific Vehicles Maintenance Record showing that no changes in tires, transmissions or items on the car in question that may affect speedometer readings have been changed or altered, and no accidents with the car in question have happened since the time of the certification of the speedometer.

(He won’t be able to show this) then ask the following two questions:

Q1c. Officer (name) Are you a certified speedometer technician?

Q1d. Not knowing if tires were changed, the accident history since the last speedometer certification or the existence of other maintenance items, which can affect speedometer accuracy on the said vehicle, can you, not being a certified speedometer technician certify, that without direct knowledge of the vehicle’s maintenance or accident history you can, to a legal degree of certainty state that the speedometer on the car used by yourself on or about (date) was as accurate, and functioning exactly as it was on the day the speedometer was last certified?

Motion: Defendant Motions for dismissal as the prosecution can not certify as to accuracy of the device used to determine defendant’s alleged speed to a legal degree of certainty.”

__________________________________________________________

B: Officer had another officer use a radar gun to determine the accuracy of the speedometer in the car that paced you.

Notes:

Only the officer that calibrated and checked the radar gun can testify as to the accuracy of the radar gun.

Only the officer using the radar gun can testify as to the readings on the gun.

1. If only the arresting officer testifies do the following (other officer not present):

Q1. Officer (name) is it important that the radar gun used to determine your speed be accurate?

Ask no more questions, no matter what he answers he loses. He will most

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likely answer Yes. If so, go to the motion below. If he answers No, have some fun with him, then go to the motion below.)

Motion to Dismiss: Defendant motions for dismissal as there is no evidence that the radar gun used to test officer (his name) car speedometer was functioning properly or accurately when the test was done. There is no testimony from the officer using the gun as to the actual readings on the gun. There is testimony from the officer using the gun that the readings reported belong to the car in question. There is no testimony that the officer using the radar gun was properly trained in the use of the gun. There is no testimony from the officer using the gun that the gun itself was properly tested or if it ever was tested.

The prosecution has failed to present proper foundation as to the testing and accuracy of the speedometer of officer (name) car at or near the time of the arrest.

If the officer using the radar gun testifies - go to radar defense section.

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Caught by Radar

Have no fear, Case Dismissed works great here.

HOW RADAR CALIBRATION WORKS Well first off, it really isn’t radar. Sure an electron beam is sent out and returned, but the Doppler effect determines the speed reading. That is where frequency changes as a moving object approaches you or moves away from you. The change in the frequency determines the speed. To do this the radar unit utilizes a “beat frequency oscillator”.” This deals with beats in the millions per second.

Tuning forks are the typical method used to test the accuracy of a radar gun. The tuning forks induce a specific number of beats per second which correlate exactly to a speed. That is there is a 30 mph fork, a 50 mph fork and a 70 mph fork. OK, the speed forks may vary depending on manufacturer; most have a minimum of three (the quantity is not important). These forks are similar to the ones you remember from music classes. The teacher hits the tuning fork marked “A” and you have an “A” on the chromatic scale. The frequency can be slightly off and no one will notice, our ears are not that good.

On the radar unit a change in frequency of 10 kHz or 10 beats per second in millions is enough to make it unreliable. A scratch on the tuning fork is enough to cause that. If the tuning fork is ever dropped or damaged in any way it becomes unreliable.

That is why at least every six months the forks must be sent away to a certified facility to be re-adjusted, tested and re-certified. It is also important that the tuning forks not be damaged in any way since the last test and certification.

These last two points are often weak points in the prosecution’s chain of evidence. Case Dismissed will show you how to uncover this weakness for your own benefit.

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We discussed ways of testing the radar equipment above. Remember not only must the radar unit be tested but the device testing the radar unit must also have been tested within a reasonable period of time.

This is the critical weakness in almost every trial, as the prosecution is rarely prepared to properly document the entire chain of evidence. It’s just too much work for the volume of cases they have. You are going to ambush the trial by pouncing on this weakness – kind of like how they pounced on you when they hid on you to catch you speeding.

The trial:

The trial is same up to the point where the officer explains how he tested his unit.

When he is done, the prosecution rests its case and you now examine the officer.

Ask the officer to present certification of the last time the tuning forks were tested and calibrated by a certified facility. If he cannot present it, ask for dismissal.

If he presents it make certain that it is the original and not a copy. Reject the copy stating the “best evidence rule”. If he can’t produce the original, ask for dismissal.

If he presents the original, ask him to prove by serial number that the tested tuning forks belong to the radar gun that was used to determine your speed. Not only must the gun match up to the car used that day it must also match up to the tuning forks.

I had one instance where the officer actually produced a tuning fork certification. He could not match it by serial number to the car or the gun in the car. To do that he also needed the car’s maintenance records, which he did not have. He had to show in the radar log that the tuning forks certified belonged to the specific gun. As a matter of fact he didn’t even know which car he was in that day. Well you know the rest, Case Dismissed.

Suppose the officer only states that he performed the internal check on his gun. Now you ask him about the unit. Ask him about the tuning forks that came with the unit and why he did not use them. You can have some fun with him. You don’t even have to ask about the tuning forks having been tested because now that is irrelevant. The gun was not even tested properly. Case dismissed.

Proceed through the trial just like in the speedometer case, except shoot down the testing of the unit that tested the radar gun. Repeat: the unit that tested the radar gun is your target!

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Some notes:

If the gun was tested shortly prior to the arrest and then tested shortly after the arrest, the court can presume that the gun worked properly during the arrest. This is important because most officers never perform the test after the arrest.

You can with clear conscience ask. “Is it not true, the manual provided by the manufacturer of the radar device recommends that for accuracy the gun be tested at a time shortly prior to use and immediately after an arrest.” (All radar manuals state this.)

If he says, “I don’t recall that being in the manual”, ask him when the last time he read the manual. On the other hand if he states that it is true, then ask him why he did not follow recommendations. You really can have some fun with this.

(If you feel comfortable following this thread, please, do so. It is not essential to “Case Dismissed” and mistakes made by you here will not affect “Case Dismissed” because you have not used it yet. However you deserve the fun.)

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Questions for the Trial: Beating Radar

As mentioned above, if you’re caught with radar in a speeding trap, special laws apply. In particular, the state requires a engineering survey to prove that a posted speed limit is valid. If the officer does not physically produce the engineering survey, your case should be dismissed. The case law provided details these precedents and you’ll want to be familiar with these concepts. This layer of the case dismissed the strategy is very simple. After the officer finishes his testimony, you are going to ask for the relevant engineering survey. “Officer (whatever his name), please present to the court the relevant engineering survey for the roadway on which my alleged violation occurred.” If by chance a proper engineering survey is produced, you should check to make sure that the date of that survey is within five years of the date of your alleged violation. If the document is not produced or if the engineering survey is too old, you must immediately motion for a dismissal. 1. Listen to the testimony

“Officer (whatever his name), please present to the court the relevant engineering survey for the roadway on which my alleged violation occurred.” If by chance a proper engineering survey is produced, you should check to make sure that the date of that survey is within five years of the date of your alleged violation. If the document is not produced or if the engineering survey is too old, you must immediately motion for a dismissal. It the survey paperwork is proper, continue below:

If there is no testimony as to checking the radar ask:

Q1. Officer (name) is it important that the radar be functioning properly?

If the answer is No have fun with him and ask for dismissal.

If answer is Yes:

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Q2. Please tell the court how you determined that the radar was functioning properly and how you determined its accuracy.

If he says he didn’t check it, ask for dismissal:

If he only did the internal check he will say something like this:

I pressed the internal check button and the internal check indicated that everything was functioning properly.

Q3. Officer (name) is it not true that the radar unit you used also calls for a check with specific tuning forks set at various speeds.

If he says No, ask questions about his training into the use of radar make a fool out of him and ask for dismissal.

(Every radar unit comes with tuning forks or some kind of beat frequency oscillator. The internal checks only test the circuitry; they do not and cannot test the accuracy of the reading. Unless external beat frequency oscillations of a specific frequency are introduced it is impossible to determine that the readings of the gun are accurate. Remember the radar gun determines your speed by measuring the external beat frequency oscillations produced from the Doppler effect of your moving vehicle).

If he say Yes, but did not check the radar with the forks, ask for dismissal.

If he say Yes, and describes how he checked the radar with the forks ask the following.

Q3a. Officer (name) I am certain that you recorded this check in the log for the radar. Please present the log showing at what time on (date) you performed this check.

Q3b. Please show on the log where you checked the unit again after my arrest.

If he can not show a check that is almost immediately after the arrest, ask:

Q3c. Like all mechanical and electronic devices can this unit fail or can become inaccurate?

Q3d. Is it reasonable that if a unit was checked and found to be functioning properly before the arrest and then checked again immediately after the arrest that in all probability it functioned properly during the arrest?

Q3e. Since you did not check the unit immediately after the arrest, can you within a legal degree of certainty state unit functioned properly and was 100% accurate during the arrest?

He may, and most likely will say something like this. “I used the gun on other vehicles after the arrest and it worked perfectly, so it must have been

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accurate.”

Q3f. You testified that you did not check the radar gun immediately after the arrest, what evidence do you have that the readings on the other cars you mentioned was accurate?

(Depending on his answers you can ask various questions, however this is not “Case Dismissed”, and losing on this point is not fatal.)

If he finally agrees that he can not prove accuracy after the arrest, ask for dismissal.

“Your Honor, Defendant motions for dismissal. Since the unit was not properly tested after the arrest the prosecution has not proven to a legal certainty that the unit which was used to determine defendants speed was functioning properly at the time of the arrest.”

If he has checked the radar gun with the tuning forks, both before and after, then continue below (or if the Judge denies the previous motion):

Q1a. Officer (name), the tuning forks, are they specific to the radar unit, or will any other tuning fork, say one that I can buy at the music store work?

Q2a. If the tuning fork is damaged, bent broken, cracked, exposed to excessive heat, is it likely then that the tuning fork is as accurate as when it came from the factory?

Q3a. For the check with the tuning forks to be accurate, is it important that the tuning forks themselves to be accurate?

Q4a. Are you certified to check and calibrate these tuning forks?

Q5a. Do you have the equipment to calibrate these tuning forks and if so are you trained and certified in the use of this equipment?

Q6a. Officer (Name) Please present to the court documentation from a certified facility that checks these tuning forks that they have been checked and found accurate within a reasonable period of time prior to the date of the arrest.

If the answer is he has no such documentation. Ask for Dismissal.

“Your Honor, Defendant asks for dismissal as there is no evidence that the essential tuning forks used to test the radar were themselves accurate. Therefore the test of the radar unit is invalid and no legal certainty can be drawn as to the accuracy and proper functioning of the radar unit upon which the Prosecution has rested its case.”

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If the motion is denied, ask:

Q1b. What does the manual for the radar gun you used that day say about the condition of the tuning forks or any cautions as to the handling of the tuning forks?

Q2b. Does the manual state in any way that the tuning forks can be dropped, cracked, bent or exposed to excessive heat without need for re-calibration?

Q3b. Does the manual state that no matter what condition the tuning forks are in that they will always be accurate, irrelevant of abuse, cracking, bending, exposure to excessive heat and so on?

If the answer is No ask for Dismissal this way:

“Your Honor, Courts have taken judicial notice that Radar works and is reliable provided that:

“The operator is trained in the use of the specific unit,

“The unit is tested correctly prior to and after use, and

“The testing unit itself is properly calibrated, undamaged and checked periodically by a qualified facility within a reasonable period of time.

“The prosecution has failed to present evidence to the fact that the tuning forks used to test the radar gun were undamaged and in good calibrated working order. Thereby the prosecution has failed to prove to a legal degree of certainty the accuracy of the radar gun upon which the prosecution has rested its case. Defendant motions for dismissal.”

Radar, Officer with the proper paperwork:

The chances that this will ever happen are very slim (unless you tip them off by making motions for this evidence before the trial)

By questions you must determine that the tuning forks belong to the specific gun used. That it was the gun in the officer’s car (ask for log books) If this fails go for a paper trail that the tuning forks have not been dropped, mutilated or exposed to excessive heat since the certification.

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Q1a. Officer (name) what is the serial number of the gun used by yourself on the day of the arrest?

Q2a. Please show to the court documentation that the tuning fork’s serial number (read the serial numbers from the documentation on the testing) belong to radar gun with serial number (previous question) NOTE: if the two don’t match ask for dismissal.

Q3a. (Only if the numbers match) Officer what is the license number or other identifying number of the car (motorcycle) you were using on the date of the arrest?

Q4a. Please present documentation that the radar unit serial number 12345 was installed in car (motorcycle) 6789 on the date of the arrest. (If it was a hand held unit documentation that this was the unit the officer checked out that day).

Remember; “If the numbers don’t fit, you must acquit,” ask for dismissal

If the numbers fit do not quit:

Q1b. Officer (name) Please present documentation or other evidence that since the date of the last certification that the tuning forks have not been damaged, dropped, bent, cracked, exposed to excessive heat or been in a vehicle that was involved in an accident.

At this point, rest your case and do the best you can in your closing argument. The odds of things ever getting to this point are very slim.

Review: Pace Car or Speedometer

1. Documentation when the speedometer was last inspected and certified

2. Documents are for the car that was used to pace you

3. The documentation must be from an accredited facility, Joe’s garage won’t do.

4. If radar was used to determine car speedometer accuracy, go to radar

Radar

1. Documentation as to the certification and testing of the testing unit (tuning forks or whatever other device was used)

2. Within a reasonable period of time (no more then 6 months)

3. Documentation is for the unit installed in car used at time of your arrest.

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Caught by Laser/Lidar

Not all jurisdictions have taken judicial notice as to the workings and accuracy of Laser. Assume that the jurisdiction you are in has not taken judicial notice.

Good news, less then 1/10 of 1% of citations are with the use of Laser. For anyone who gets a laser ticket, we encourage you to fight it. That in itself isn't news, (we encourage everyone to fight all speeding tickets) but lasers are not on judicial notice in many of the country's courts. The prosecution teams around the country are glad you don't know that. (Note: I cannot provide a list of states as it may change at any time).

When faced with Laser the chances that Judicial notice in your state exists is small. For example, in March of 2000, the COURT OF APPEALS OF OHIO TENTH APPELLATE DISTRICT reversed a speeding ticket conviction when it railed to recognize judicial notice of the LTI 20-20 laser. However, in Georgia as sited in VAN NORT v.THE STATE the legislature has certified many of the radar and laser detectors used.

It is not up to you to know if judicial notice exists and it will be very hard for you to find out. When the laser evidence is being introduced object this way:

“Your Honor, the prosecution is introducing evidence based on a laser type of device. This State has not taken judicial notice as of yet concerning Laser. Unless the prosecution presents foundation with the introduction of expert witnesses on laser I object to the introduction of this evidence”.

You have a good chance of being in a State where there is no Judicial notice of laser. The worst that can happen is that you are in a state where judicial notice exists. Apologize for your misunderstanding and then continue with your defense (Note: You must object as soon as the officer or prosecutor mentions the word laser).

Laser is a narrow beam of light generally invisible. It is effected by moisture and any medium through which it passes. Glass, and moisture will bend the beam. Most states have not taken Judicial Notice that Laser is accurate. Check with your state. If no Judicial Notice exists then the prosecution must present an expert witness to testify as to the workings of the specific laser gun.

In most instances the Laser was set up as a stationary unit. This requires testimony as to how it was set up and the testing of the accuracy of the set up. The only way to test it is to have a specific car with a calibrated speedometer pass through the area at various speeds and determine if the speed reading on the car and the laser unit agree.

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If used by an officer in a car the unit must have been in free air as

shooting through the windshield will cause the light to bend and give a reading that can not be certified as being correct or even that of the correct vehicle.

Bending of light is basic science, when light is passed through a prism it bends at different angles depending on the frequency of light, Thus the rainbow or more specifically the light spectrum. The rainbow is light passing through moisture and being bent. The different frequencies present us with the colors of the Rainbow. Remember this is visible light, all light bends depending on the frequency. If you the light is in a frequency range that the human eye can not see, the human eye can not see where the beam is pointing to or how much it is bent.

Bent light travels a different distance and the Laser gun measures a specific return from a specific distance. If the light is bent, there is no assurance of accuracy as there is no calculation or compensation as to the bent light.

Assume the state has taken Judicial notice. There will be a requirement for such Judicial notice and it will have the following criteria.

1. The Laser was used in open air. 2. The moisture content of the air was below a certain range. 3. The operator was properly trained. 4. The accuracy of the unit was checked by a verifiable method (a pace car).

Questions: Q. Officer, how did you determine the unit you used was accurate (he will testify to an internal check of the electronics and may state that it was tested on a pace car) If No Pace Car: Q. Officer, the self check of the unit is an electronics check is it not? Q. Other then the self check what other check did you perform? Q. Can you see the beam of light with the naked eye. (He may be able to see where it reflects off of an object, but not the beam itself.) Q. Without checking the unit against a moving object where the speed of the object is known can you with a legal degree of certainty, and based on your detailed engineering knowledge of the workings of the unit state that the unit worked that day as per engineering specifications. (Note engineering knowledge and engineering specifications) If he says yes: Q. Officer please describe to the court your engineering qualifications. (Do you have a engineering degree specializing in Laser spectrometry?) (Have you done scientific research into the specific unit etc.) If he says no: Ask for dismissal If the unit was tested against a moving object:

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Q. Officer, is it important that the moving object you tested it against have itself an accurate ability to determine the speed the object was traveling at. (In this case it would most likely be another police car) Q. Officer please present to the court documentation as to the last time the speedometer on the car used was tested and certified by an approved speedometer facility. If he can not present this, Ask for dismissal. If he shot you through the glass of his car: Q. Officer have you ever seen a rainbow? Q. I school, like every school child you were taught that light bends when passed through a medium and this makes a rainbow? Q. Did the school teacher ever let you see a prism and the colors that the prism produces when light passes through. Q. Did the school teacher explain that the different frequencies bend at different angles, separating the light into blue, violet and yellow. Q. Glass, water, water moisture like in a rainbow bends light does it not? Q. When you used the unit through the windshield, do you know how much the light was bent? Could you see the beam? Q. If you could not see the beam, and you know the light was bent, how did you determine with a legal degree of accuracy where the reflection with which to determine the speed came from? Q. Does the unit you used compensate for all the possible bending of light when passed through a medium such as the curved windshield of your car? Q. The curve of the windshield of your car is not consistent is it? At some places it curves more then others is that not correct? Q. Without compensating for the exact curvature, the type of glass, and the layers to the glass and bending of the light, is not logical that there will be a different reading from that of a straight shot through clear air? At this point, Ask for Dismissal as the prosecution has not proven beyond reasonable doubt that errors introduced by shooting the laser through a window have resulted in an accurate speed. If the shot was through an open window. Q. Remember the rainbow, and how light is bent by the moisture in the air making the rainbow. Moisture bends light does it not.? Q. What was the moisture content of the air at the time of the arrest? Q. Did you make any compensation for the moisture content?

Again, you have to ask your question based on the circumstances. the bottom line is that the arresting officer will have to show that the unit was tested

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against a moving object and that the moving object must have had a calibrated instrument with which to determine it's speed. Documentation is required if you ask for it.

Remember, the prosecution presented the evidence. They have to defend that evidence, you don't. If the evidence is brought into question the prosecution must present the back up. It is the prosecution’s responsibility to back up its evidence. If they didn't bring it to court and it is challenged, well too bad, the prosecution should have known better.

Laser has many more problems then radar. That is why most courts have not taken Judicial notice that it works correctly every time.

The problems with Laser are moisture, the bending of light and a independent verification that the unit is working correctly (pace car).

The advantage of Laser is that it is so quick that most radar/laser detectors will not give the warning until it is too late.

Bad News: Certified professionals usually calibrate a Laser.

Good News. To calibrate laser requires a certified technician or someone with specialized training.

Like the radar, first find out how they calibrated it (from the testimony of the officer) then go after the certification of the unit that did the calibration. Basically use the radar defense modified towards whatever they used to calibrate the Laser.

Did they calibrate the laser both before and after timing you?

When was that calibration device last calibrated? Ask the prosecution to produce the calibration documentation and if they can’t, ask for a motion to dismiss.

Photo Laser is usually used in stationary traps where a picture of your license plate may be taken along with your speed. In this case the person that testifies must be the person that set up the site, accept no substitute. Documentation as to the calibration is also required.

Unfortunately you will have to defend yourself here by ear. Use “Case Dismissed” as you see where it will fit the best.

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Review and Additional Pointers

1. DO NOT motion before trial as to the evidence the prosecution will use. You already know what they will use, any motion of this type will tip them off. Remember this is “Trial by Ambush”. I know other sites and books recommend you get all of the prosecution’s information before hand. DO NOT DO THIS, this is not a major case, only someone with something up their sleeve will ask for the information. The prosecution expects you to be a simpleton, unprepared just like the thousands before you and after you. The prosecution will spend absolutely no time in preparing for your case. Remember if the prosecution is tipped off, and prepares itself, they may just turn up with documentation you don’t want.

2. DO NOT, ABSOLUTELY NOT, under any circumstances testify yourself. Do not take the stand, do not say anything about your own speed. Do not come up with a story, like my car had four cylinders not firing so it is impossible for me to have gone at that speed. I GUARANTEE YOU WILL LOSE. If you take the stand the prosecutor is allowed to cross examine you. Believe me he will trap you and you will be found guilty from your own mouth. Remember you are not here to prove your innocence. Everyone knows you are guilty, the Judge, the police officer, the prosecutor and you yourself know you are guilty. All they need is evidence to prove your guilt, don’t give them any evidence.

3. Remember the object: Make the evidence inadmissible: if that fails Make the evidence unreliable: If the evidence is not reliable to the degree of legal certainty, it can not be used to convict you. With the evidence gone: The prosecution has nothing.

4. Do not attack the arresting officer’s honesty. Even if he lies do not go for his honesty. Remember if he lies in your case he has lied hundreds of time before, he is good at it. However, if you prove that he failed to so something, that is OK.

5. Your only target is the evidence. The main target is the calibration of either the speedometer or the radar unit. On the radar unit your main target is calibration of the tuning forks. On Laser, it is the calibration of the laser itself, or the machine that calibrated it.

6. There is a thing called “The chain of evidence”. Break one link and the entire evidence disappears. Your only job is to break one link.

7. Motion for dismissal every time you have broken a link.

8. When the prosecution rests its case, it is over for the prosecution. Unless you let them, they may not enter any more evidence or call any other witnesses. DO NOT LET THEM if they try. Once you rest your case, the trial is over except for closing arguments. This is important to remember because the

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prosecution may ask for time to get the documents you requested.

9. Accept it as being truthful when the officer says his unit or speedometer read a certain speed. That is what he read and the court assumes he is telling the truth. Accept it as the truth yourself. What you must show is that what he read may not have been accurate. The key word is MAY . May does not ascend to the degree of legal certainty for conviction. You do not have to prove that the reading were inaccurate, do not even try to prove the readings as being inaccurate. They have to prove the readings were accurate. All you want to do is show that they MAY be wrong.

10. To show that they may be wrong all you have to do is ask for proper calibration. Without accurate calibration, the court must take judicial notice that the readings may be wrong and you win.

11. Things happen fast in court. The court does not have much time for each trial. However you can take as long as you need to defend yourself. Do not let the court rush you. If you need a moment to think or read something, tell the court that you need a moment. Do not let the court push you; ask for a recess if you need more time.

12. Do not stray off of the beaten track. If the officer says something that does not relate to the calibration of the unit, but you feel is interesting to attack, avoid the temptation. Remember anything that alters your focus from what you prepared for is a distraction, it will negatively affect your defense. Focus only on the calibration, it is the only thing you are prepared for, everything else can be, and probably is a trap. The calibration is the only thing that will win the case for you, so focus on it and nothing else.

13. The violation you are charged with is specific. “Speeding, 75 MPH in a 50 MPH zone”. The word speeding is like the word “theft”. If you were charged with theft the charge would be theft of something specific. If the prosecution cannot prove you stole that specific thing, they lose. If the charge were “murder” it would be the murder of a specific person. You may have killed someone else, but if you did not kill that specific person, or that person is not really dead then, case dismissed.

In your case you are charged with a specific speed. That speed is written on the ticket (citation). The prosecution must prove that speed. Like a murder trial where you allegedly killed Fred. The prosecution can prove you killed Sam, Harry and Peter. They can prove you are a murderer, but unless they can prove you killed Fred, you go free. The same in the speeding ticket, they can prove you are a person that speeds, but unless they can prove you were going 75 MPH (the speed you are charged with) they have nothing.

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Caution: Remember the murder trial, if you admit or agree to killing Sam, Harry and Peter, the prosecution can amend the complaint and charge you with their murder, even if you did not kill Fred. On the other hand the prosecution can

show you killed Sam, Harry and Peter, the court can assume that you are a murderer, but unless they have a Dead Fred, a dead Harry or a John will not do. You walk because the charge was for a dead Fred.

Some additional reading: Not necessary for you to win, you already know “Case Dismissed”

For those of you interested, every State in the USA and Province in Canada has volumes of legal reference books. The books I am talking about concern Case Law. This is previous cases that have been brought to the supreme court of the state or province where a ruling has been handed down. These books can be found in most major libraries and are available to the public.

Every State or Province has cases that went to its Appeals Court relating to Radar and speedometers. If you quote case law, only the case law in your state or province applies. So “San Jose vs. Joe Shmo” in California has little or no bearing on your court in Montana.

Since the volumes of these books are in the hundreds with thousands of cases in each book and dozens of cases relating to each subject you will need some help. A lawyer learns how to look this up in law school and a law clerk is specialized in looking up cases. You are not. However here is a hint. If go to the most recent index and look up the word “speeding” or “Radar” you will see dozens of headings like “ Radar, unit to test must itself be tested, Orange Co. Vs. Joe Blow 1982 SW 23, 2, 13.5. OK you may have to ask someone how to find that in all the books. Generally there will be someone at the library to help you. See also the reference to caseclerk.com below.

This is interesting reading. And making copies of some of the recent ones and bringing them to court will not hurt you. They certainly will help you in understanding the thinking of why calibration is so important. You might even impress the Judge. There is too much case law out there and to publish herein all the cases relating to speeding for all 50 states and 10 Canadian provinces is beyond the scope of this exercise. Besides, it is not critical to your defense.

What is important is that every state and every province has ample case law relating to speeding and the fact that there is a requirement that the speedometer and radar be calibrated and checked within a reasonable period of time. Additionally, as mentioned before, the unit which checks the radar itself must have been checked by a certified facility within a reasonable period of time, generally 6 months.

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Addendum 1: Important to Read

1. If at any time the Judge says something to the effect that the tuning fork

testing or speedometer testing is not important say:

“Your Honor, before you, you have copies of case law where high courts around the country have clearly and unanimously ruled that this is essential if brought up by the defense.”

2. For a Laser (Lidar) defense print out three copies of In the MATTER OF the ADMISSIBILITY OF MOTOR VEHICLE SPEED READINGS PRODUCED BY the LTI MARKSMAN 20-20 LASER SPEED DETECTION SYSTEM.. Hand a copy to both the Judge and the prosecutor before the trial begins then state.

“Your Honor, many jurisdictions have not taken Judicial notice of laser. Before you are findings by appellate Judges concerning laser evidence. This finding deals with the Marksman laser gun, however the principals apply to all laser type speed measuring devices and the defendant draws your attention to this Judges ruling after careful investigation with expert testimony from many expert witnesses.”

Remember to read both the laser section and this section (the ruling can be found in Case-Law/New Jersey. It should have expanded (unzipped) when you downloaded Case Dismissed. If not go back to the web page and download the folder. There are 39 rulings from 13 States.

3. If you were attacked by Photo Radar, got to the Alaska folder in Case-Law

4. If you are from California, read all the case laws in the California section of Case law. You most probably will find a situation that you can apply to your situation and use it by asking the questions outlined in the case law.

5. If you have the time and fortitude I suggest that you read as much of the case law you can stomach. If your State is listed then read all the case law that is there. This will prepare your mind.

6. If you bring case law to court remember you have to give a copy to both the Judge and prosecutor. Bring whatever case law you think will do you the most good. Remember the prosecutor will have brought none. (This is a speeding trial and no prosecutor is going to do legal research on a simple conviction.)

7. The prosecutor, after reading the case law, will try to argue and state that it does not apply. Argue back stating:

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“Your Honor it is obvious that the prosecution does not like the rulings that have been handed down by higher courts. These rulings

have been well thought out and they apply directly to speeding convictions. I request that the court consider these rulings in applying the law in my case.”

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Addendum 2: Special Section- Important

When the Judge says that you should have subpoenaed the requested information before trial. (Hint, read this to the Judge, it may be to long to memorize)

“Your Honor, the requested items go to foundation as to the evidence presented. Any responsible prosecutor would have come prepared with the documentation necessary to lay a proper foundation as to the evidence he is presenting. It is not up to the defendant to provide foundation for the prosecution’s evidence. It is only reasonable that if a measuring device is used that the prosecutor be able to show within a legal degree of certainty that the device was both accurate and functioning properly. This requires foundation as to recent testing or certification of the measuring device and in the case of radar that the tuning forks, which are measuring devices themselves, have been tested and certified as well.”

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Actual Trial Transcript This is an actual transcript of a actual trial where the defendant was prepared. The defendant was the daughter of the original author of the information on which Case Dismissed is based. She is a registered nurse with no legal experience whatsoever.

IN THE MUNICIPAL COURT OF WEBSTER GROVES MISSOURI, THIRD CIRCUIT, ST. LOUIS COUNTY

CASE NUMBER: 24-99-8736J

Hearing Date: June 3, 2001

Defendant. (Blank)

Reported by: Peter Knap: Court Reporter

Trial Judge: Hon. Fredric M. Potts

COUNSEL OF RECORD: Adam P. Fornbe Esq.

For the Defendant: Pro Se

The Municipal Court calls Sergeant Francis Jones as witness, having been previously duly sworn, was examined and testified as follows:

DIRECT EXAMINATION

BY MR. Fornbe

Q Officer, Please state your name and spell your last name for the record.

A Sergeant Francis Jones, J O N E S

Q How are you employed, sir?

A By the City of Webster Groves Police department.

Q On 03/11 of 2001 did you issue a speeding Citation No. 42-2687-9696 ?

A Yes, I did.

Q To whom did you issue that Citation?

A To the Lady at the Defense table Mrs. (name-blank)

Q Why did you issue her a Citation?

A On the date of the violation, March 3, 2001, on or about 11 AM, I was driving along Big Bend Blvd. when I had occasion to observe a Blue Toyota Four Runner enter the street from the right

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and proceed at what appeared to be a great rate of speed. I followed the defendant for several blocks and noted the speed at 46 MPH. the speed limit on Big Bend Blvd is 25 MPH.

Q And how is it that you ascertained this speed, using which device?

A The speedometer on the Police car that I was driving.

Q To your knowledge was that speedometer functioning properly and recording accurately on the day and at the time of the arrest?

A Yes

Q If the speedometer should fail or not read accurately, are there any indications that such may be the situation?

A Yes, the speedometer would start fluctuating, stick or go to zero if it failed.

Q On the date of the arrest, before and within a reasonable time after the arrest did you observe any such failure indications on your speedometer?

A No.

Q Did Mrs. (name blank) say anything at her arrest that may be noteworthy to bring to the court's attention?

A. She said that she knew she was going fast and did not realize she was going 46 MPH

THE COURT: Without objection the statement is Admitted .

Mr. Fornbe: I have no further Questions.

THE COURT: Mrs. (name blank) You may take the stand or ask questions if you wish.

THE DEFENDANT: Yes. Sergeant Fornbe, do you have any formal training in either speedometer repair or calibration?

A: No.

THE DEFENDANT: Does your police department regularly check and certify the speedometers used on the departments police cars?

A: I am certain that they do.

THE DEFENDANT:: Do you have any direct knowledge as to that fact?

A: No, but I am certain that the department does do these checks.

THE DEFENDANT: Sergeant Fornbe, then please present to the court a certification from such a facility as to the last time the speedometer on the car you used that day was calibrated and certified?

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PROSECUTOR: The witness has testified as to the accuracy of the speedometer

THE DEFENDANT: Your honor the witness has testified that he has no formal training in either speedometer repair or calibration and as such can not testify as to the accuracy of the Speedometer.

THE COURT: Sergeant Fornbe, do you have such documentation as requested by the defense?

A: I am certain that we do, the police department is in the basement of this court house, we have our records there.

PROSECUTOR: Your Honor, had the witness wanted such records she should have requested them prior to trial.

DEFENDANT: Your Honor, it is not the function of the defense to present foundation as to the prosecutions evidence.

PROSECUTOR: Your Honor, I notice the Defendant reading from material, copies of which have not been made available to the Prosecution. I request the court order the Defense to make available for review the papers from which she is reading?

DEFENDANT: Your Honor, these are my trial notes and I object to turning over to the prosecution my notes. they are not presented as evidence and contain my defense strategy.

THE COURT: Motion denied,

DEFENDANT: Does this mean I have to turn over my notes to the prosecution your honor?

THE COURT: No, it means the prosecution at present has no right to see your notes. However you may show them to him if you so wish.

PROSECUTOR: Your Honor the prosecution requests this trial be continued next week in order for the Prosecution to find the paperwork requested by the defense?

DEFENDANT: I object your honor, the trial is today and if the prosecution failed to bring documents necessary for foundation the prosecution should move on without them.

PROSECUTOR: Your Honor, may we have thirty minuets to search for them in the police station?

THE COURT: Are you asking the court to take a thirty minuet recess. We have twenty people here waiting for their trial. Sergeant Jones, do you believe you can find the requested paperwork in thirty minutes?

A: I don't know your Honor, I don't even know if we have them here or if they are located somewhere else.

THE COURT: Motion denied, please continue.

DEFENDANT: The defense motions for dismissal as the prosecution has failed to prove to a legal degree of certainty that the measuring device used was accurate and functioning properly at the time of the arrest.

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PROSECUTION: Your Honor, the defendant admitted to speeding to the officer at the time of the arrest.

DEFENDANT: Your Honor, the defendant is charged with traveling at 46 mph, something the prosecution has failed to prove.

THE COURT: Case dismissed, Please call the next case Mrs. Cleary

Last recommendation: The Pinellas Police Department in Florida has put out a web page describing the thoroughness of their testing of radar, speedometers, tuning forks and laser. They subsequently removed the page - probably because they didn’t like my customers using it against them. Too bad for them, but I saved the information and published it to my own site for safe keeping and future reference.

I recommend that you go to the site and print out the site on your printer. Take it to court with you and in the event the Judge or the prosecutor questions your questioning concerning anything in calibration bring the printed pages to the attention of the court. You should take three copies with you. Do it this way.

“Your Honor, if I may (hand one copy to the Judge and one to the prosecuting attorney). Pinellas County Police have chosen to publish on the web what they do regarding calibration and the legal requirements for calibration. I realize this is not Pinellas County however the calibration requirements are universal. A radar gun or speedometer is no different in Pinellas County then it is here. Calibration should not be any different.”

This should shut up any motions by the Prosecution that calibration is not necessary.

The web site address is: http://www.BeatMySpeedingTicket.com/pinellas

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http://www.beatmyspeedingticket.com/pinellas

How to Conduct Legal Research into Speeding Tickets

As you have read above, specifically in the laser section, Judicial Notice of the admissibility of laser readings has not been granted in every state. This is changing rapidly.

The best way I have found to research case law is a web site called www.caseclerk.com. This web site allows you to search for any case law relating to your particular state. For example, you can search for Appeals Court Rulings in the State of New York that contain the word “laser”.

You can get a 24 hour subscription to caseclerk.com for $29.95 as of this writing. I suggest that this might be valuable additional information for you.

Although Case Dismissed comes with abundant case law, the more ammunition you can amass in your defense, the better. Since it is now so easy to use the internet to collect the relevant information, it makes sense to do so.

By using any case law you find in conjunction with the principles you have read here, you will be a well-prepared defendant. Preparation and knowledge are the keys to the dismissal of your charges.

You are now prepared to fight and beat your speeding ticket. You know the principles of law necessary, you know how to act and what to say in court. You are equipped with case law and in the event you need more, you know exactly where to get it easily and conveniently.

Your chances of beating your speeding charges are excellent. You are fully prepared, while the prosecution is overwhelmed and under-prepared. They are counting on you being another faceless number. You are not.

You still have one decision to make. Should you get a lawyer? Only you can answer that and I certainly would not advise against it. An attorney with experience fighting speeding tickets will have specific knowledge of the laws in your jurisdiction. If you were honestly NOT speeding at all, and the police officer clearly made a mistake, it may be wise to consult with an attorney. Perhaps you can get the charges dropped based on the facts of the case without resorting to the techniques in Case Dismissed.

The odds are highly in your favor now. So go to court, argue your case, and use the justice system to your advantage. And when you are done, listen for those words we all love to hear, “Case Dismissed”.

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http://www.caseclerk.com/

Appendix 1: Not Guilty Plea & CA TR-205 forms (on following pages)

Not Guilty Plea form download You must print out this form, fill it in and return it to court with the check for the appropriate bail amount.

The Written Not Guilty Plea is a legal document. With this document you must also send the full bail amount as indicated on your ticket. The bail amount is considered a deposit to guarantee that you will appear in court (or as in your case that you will have a Trial By Written Declaration) and serves as a deposit for any fines assessed by the court. (If you are found Not Guilty the fees will be refunded to you) The Written Not Guilty Plea must be sent to the court by registered or certified letter AND must be postmarked five (5) days prior to the appearance date indicated at the bottom of your ticket. If there are fewer than 5 days before the appearance date, you may submit the Written Not Guilty Plea in person.

This form asks for some specific information related to your ticket. You will find that info on the ticket itself, such as the code violation, court, and bail amount.

The court will reply with the TR-205 form. You fill out that form, and attach the appropriate defense document that you edited for your specific case from those supplied.

Note – it is easier to download and print from this link. If you are comfortable printing a single page from a pdf document, then you can print and fill out the page below. They are the same form – just different ways to download and print.

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CVC 40519(b) Written Not Guilty Plea Attention: Traffic Court Clerk Date: ___________________________________________ Court Name: _____________________________________ Court Address: ________________________________________________ _________________________________________________ _________________________________________________

Re: Written Not Guilty Plea for Citation #_____________, dated _____________.

Dear Court Clerk,

I hereby waive my right to arraignment pursuant to Section 40519(b) of the California Vehicle Code and plead Not Guilty to violating CVC __________________.

Also, I request a Trial by Written Declaration pursuant to CVC 40902. I have enclosed a check for bail as required.

Thank you,

_______________________________ _______________________________

(signature) (date)

Defendant Name: _________________________________________________

Defendant Address: ________________________________________________________________

________________________________________________________________

Defendant Phone Number: __________________________________________

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Appendix 2: California Vehicle Codes - Speed Trap Laws CALIFORNIA CODES VEHICLE CODE SECTION 40800-40808 40800. Every traffic officer on duty for the exclusive or main purpose of enforcing the provisions of Division 10 or 11 of this code shall wear a full distinctive uniform, and if the officer while so on duty uses a motor vehicle, it must be painted a distinctive color specified by the commissioner. This section does not apply to an officer assigned exclusively to the duty of investigating and securing evidence in reference to any theft of a vehicle or failure of a person to stop in the event of an accident or violation of Section 23109 or in reference to any felony charge, or to any officer engaged in serving any warrant when the officer is not engaged in patrolling the highways for the purpose of enforcing the traffic laws. 40801. 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) A "speed trap" is either of the following: (1) 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. (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. This paragraph does not apply to a local street, road, or school zone. (b) (1) For purposes of this section, a local street or road is defined by the latest functional usage and federal-aid system maps submitted to the federal Highway Administration, except that when these maps have not been submitted, or when the street or road is not shown on the maps, a "local street or road" means a street or road that primarily provides access to abutting residential

property and meets the following three conditions: (A) Roadway width of not more than 40 feet. (B) Not more than one-half of a mile of uninterrupted length. Interruptions shall include official traffic control signals as defined in Section 445. (C) Not more than one traffic lane in each direction. (2) For purposes of this section "school zone" means that area approaching or passing a school building or the grounds thereof that is contiguous to a highway and on which is posted a standard "SCHOOL" warning sign, while children are going to or leaving the school either during school hours or during the noon recess period. "School zone" also includes the area approaching or passing any school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children if that highway is posted with a standard "SCHOOL" warning sign. (c) (1) When all of the following criteria are met, paragraph (2) of this subdivision shall be applicable and subdivision (a) shall not be applicable: (A) When radar is used, the arresting officer has successfully completed a radar operator course of not less than 24 hours on the use of police traffic radar, and the course was approved and certified by the Commission on Peace Officer Standards and Training. (B) When laser or any other electronic device is used to measure the speed of moving objects, the arresting officer has successfully completed the training required in subparagraph (A) and an additional training course of not less than two hours approved and certified by the Commission on Peace Officer Standards and Training. (C) (i) The prosecution proved that the arresting officer complied with subparagraphs (A) and (B) and that an engineering and traffic survey has been conducted in accordance with subparagraph (B) of paragraph (2). The prosecution proved that, prior to the officer issuing the notice to appear, the arresting officer established that the radar, laser, or other electronic device conformed to the requirements of subparagraph (D). (ii) The prosecution proved the speed of the accused was unsafe for the conditions present at the time of alleged violation unless the citation was for a violation of Section 22349, 22356, or 22406. (D) The radar, laser, or other electronic device used to measure the speed of the accused meets or exceeds the minimal operational standards of the National Traffic Highway Safety Administration, and has been calibrated within the three years prior to the date of the alleged violation by an independent certified laser or radar repair and testing or calibration facility. (2) A "speed trap" is either of the following: (A) 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.

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(B) (i) A particular section of a highway or state 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 one of the following time periods, 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: (I) Except as specified in subclause (II), seven years. (II) If an engineering and traffic survey was conducted more than seven years prior to the date of the alleged violation, and a registered engineer evaluates the section of the highway and determines that no significant changes in roadway or traffic conditions have occurred, including, but not limited to, changes in adjoining property or land use, roadway width, or traffic volume, 10 years. (ii) This subparagraph does not apply to a local street, road, or school zone. 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. (b) In any prosecution under this code of a charge involving the speed of a vehicle, where enforcement involves the use of radar or other electronic devices which measure the speed of moving objects, the prosecution shall establish, as part of its prima facie case, that the evidence or testimony presented is not based upon a speedtrap as defined in paragraph (2) of subdivision (a) of Section 40802. (c) When a traffic and engineering survey is required pursuant to paragraph (2) of subdivision (a) of Section 40802, evidence that a traffic and engineering survey has been conducted within five years of the date of the alleged violation or evidence that the offense was committed on a local street or road as defined in paragraph (2) of subdivision (a) of Section 40802 shall constitute a prima facie case that the evidence or testimony is not based upon a speedtrap as defined in paragraph (2) of subdivision (a) of Section 40802. 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. (b) Every officer arresting, or participating or assisting in the arrest of, a person so charged while on duty for the exclusive or main purpose of enforcing the provisions of Divisions 10 and 11 is incompetent as a witness if at the time of such arrest he was not wearing a distinctive uniform, or was using a motor vehicle not painted the distinctive color specified by the commissioner.

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This section does not apply to an officer assigned exclusively to the duty of investigating and securing evidence in reference to any theft of a vehicle or failure of a person to stop in the event of an accident or violation of Section 23109 or in reference to any felony charge or to any officer engaged in serving any warrant when the officer is not engaged in patrolling the highways for the

purpose of enforcing the traffic laws. 40805. Every court shall be without jurisdiction to render a judgment of conviction against any person for a 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. 40806. In the event a defendant charged with an offense under this code pleads guilty, the trial court shall not at any time prior to pronouncing sentence receive or consider any report, verbal or written, of any police or traffic officer or witness of the offense without fully informing the defendant of all statements in the report or statement of witnesses, or without giving the defendant an opportunity to make answer thereto or to produce witnesses in rebuttal, and for such purpose the court shall grant a continuance before pronouncing sentence if requested by the defendant. 40807. No record of any action taken by the department against a person's privilege to operate a motor vehicle, nor any testimony regarding the proceedings at, or concerning, or produced at, any hearing held in connection with such action, shall be admissible as evidence in any court in any criminal action. No provision of this section shall in any way limit the admissibility of such records or testimony as is necessary to enforce the provisions of this code relating to operating a motor vehicle without a valid driver's license or when the driving privilege is suspended or revoked, the admissibility of such records or testimony in any prosecution for failure to disclose any matter at such a hearing when required by law to do so, or the admissibility of such records and testimony when introduced solely for the purpose of impeaching the credibility of a witness. 40808. Subdivision (d) of Section 28 of Article I of the California Constitution shall not be construed as abrogating the evidentiary provisions of this article.

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California Vehicle Codes - Speed Laws CALIFORNIA CODES VEHICLE CODE SECTION 22348-22366 22348. (a) Notwithstanding subdivision (b) of Section 22351, a person shall not drive a vehicle upon a highway with a speed limit established pursuant to Section 22349 or 22356 at a speed greater than that speed limit. (b) A person who drives a vehicle upon a highway at a speed greater than 100 miles per hour is guilty of an infraction punishable, as follows: (1) Upon a first conviction of a violation of this subdivision, by a fine of not to exceed five hundred dollars ($500). The court may also suspend the privilege of the person to operate a motor vehicle for a period not to exceed 30 days pursuant to Section 13200.5. (2) Upon a conviction under this subdivision of an offense that occurred within three years of a prior offense resulting in a conviction of an offense under this subdivision, by a fine of not to exceed seven hundred fifty dollars ($750). The person's privilege to operate a motor vehicle shall be suspended by the Department of Motor Vehicles pursuant to subdivision (a) of Section 13355. (3) Upon a conviction under this subdivision of an offense that occurred within five years of two or more prior offenses resulting in convictions of offenses under this subdivision, by a fine of not to exceed one thousand dollars ($1,000). The person's privilege to operate a motor vehicle shall be suspended by the Department of Motor Vehicles pursuant to subdivision (b) of Section 13355. (c) A vehicle subject to Section 22406 shall be driven in a lane designated pursuant to Section 21655, or if a lane has not been so designated, in the right-hand lane for traffic or as close as practicable to the right-hand edge or curb. When overtaking and passing another vehicle proceeding in the same direction, the driver shall use either the designated lane, the lane to the immediate left of the right-hand lane, or the right-hand lane for traffic as permitted under this code. If, however, specific lane or lanes have not been designated on a divided highway having four or more clearly marked lanes for traffic in one direction, a vehicle may also be driven in the lane to the immediate left of the right-hand lane, unless otherwise prohibited under this code. This subdivision does not apply to a driver who is preparing for a left- or right-hand turn or who is in the process of entering into or exiting from a highway or to a driver who is required necessarily to drive in a lane other than the right-hand lane to continue on his or her intended route. 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.

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(b) Notwithstanding any other provision of law, no person may drive a vehicle upon a two-lane, undivided highway at a speed greater than 55 miles per hour unless that highway, or portion thereof, has been posted for a higher speed by the Department of Transportation or appropriate local agency upon the basis of an engineering and traffic survey. For purposes of this subdivision, the following apply: (1) A two-lane, undivided highway is a highway with not more than one through lane of travel in each direction. (2) Passing lanes may not be considered when determining the number of through lanes. (c) It is the intent of the Legislature that there be reasonable signing on affected two-lane, undivided highways described in subdivision (b) in continuing the 55 miles-per-hour speed limit, including placing signs at county boundaries to the extent possible, and at other appropriate locations. 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. 22351. (a) The speed of any vehicle upon a highway not in excess of the limits specified in Section 22352 or established as authorized in this code is lawful unless clearly proved to be in violation of the basic speed law. (b) The speed of any vehicle upon a highway in excess of the prima facie speed limits in Section 22352 or established as authorized in this code is prima facie unlawful unless the defendant establishes by competent evidence that the speed in excess of said limits did not constitute a violation of the basic speed law at the time, place and under the conditions then existing. 22352. (a) The prima facie limits are as follows and shall be applicable unless changed as authorized in this code and, if so changed, only when signs have been erected giving notice thereof: (1) Fifteen miles per hour: (A) When traversing a railway grade crossing, if during the last 100 feet of the approach to the crossing the driver does not have a clear and unobstructed view of the crossing and of any traffic on the railway for a distance of 400 feet in both directions along the railway. This subdivision does not apply in the case of any railway grade crossing where a human flagman is on duty or a clearly visible electrical or mechanical railway crossing signal device is installed but does not then indicate the immediate approach of a railway train or car.

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(B) When traversing any intersection of highways if during the last 100 feet of the driver's approach to the intersection the driver does not have a clear and unobstructed view of the intersection and of any traffic upon all of the highways entering the intersection for a distance of 100 feet along all those highways,

except at an intersection protected by stop signs or yield right-of-way signs or controlled by official traffic control signals. (C) On any alley. (2) Twenty-five miles per hour: (A) On any highway other than a state highway, in any business or residence district unless a different speed is determined by local authority under procedures set forth in this code. (B) When approaching or passing a school building or the grounds thereof, contiguous to a highway and posted with a standard "SCHOOL" warning sign, while children are going to or leaving the school either during school hours or during the noon recess period. The prima facie limit shall also apply when approaching or passing any school grounds which are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a standard "SCHOOL" warning sign. For purposes of this subparagraph, standard "SCHOOL" warning signs may be placed at any distance up to 500 feet away from school grounds. (C) When passing a senior center or other facility primarily used by senior citizens, contiguous to a street other than a state highway and posted with a standard "SENIOR" warning sign. A local authority is not required to erect any sign pursuant to this paragraph until donations from private sources covering those costs are received and the local agency makes a determination that the proposed signing should be implemented. A local authority may, however, utilize any other funds available to it to pay for the erection of those signs. (b) This section shall become operative on March 1, 2001. 22353. When conducting an engineering and traffic survey, the City of Norco, in addition to the factors set forth in Section 627, may also consider equestrian safety. 22354. (a) Whenever the Department of Transportation determines upon the basis of an engineering and traffic survey that the limit of 65 miles per hour is more than is reasonable or safe upon any portion of a state highway where the limit of 65 miles is applicable, the department may determine and declare a prima facie speed limit of 60, 55, 50, 45, 40, 35, 30 or 25 miles per hour, whichever is found most appropriate to facilitate the orderly movement of traffic and is reasonable and safe, which declared prima facie speed limit shall be effective when appropriate signs giving notice thereof are erected upon the highway. (b) This section shall become operative on the date specified in subdivision (c) of Section 22366.

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22354.5. (a) Whenever the Department of Transportation determines, upon the basis of an engineering and traffic survey, to increase or decrease the existing speed limit on a particular portion of a state highway pursuant to Section 22354, it shall, prior to increasing or decreasing that speed limit, consult with, and take

into consideration the recommendations of, the Department of the California Highway Patrol. (b) The city council or board of supervisors of a city or county through which any portion of a state highway subject to subdivision (a) extends may conduct a public hearing on the proposed increase or decrease at a convenient location as near as possible to that portion of state highway. The Department of Transportation shall take into consideration the results of the public hearing in determining whether to increase or decrease the speed limit. 22355. Whenever the Department of Transportation determines upon the basis of an engineering and traffic survey that the safe and orderly movement of traffic upon any state highway which is a freeway will be facilitated by the establishment of variable speed limits, the department may erect, regulate, and control signs upon the state highway which is a freeway, or any portion thereof, which signs shall be so designed as to permit display of different speed limits at various times of the day or night. Such signs need not conform to the standards and specifications established by regulations of the Department of Transportation pursuant to Section 21400, but shall be of sufficient size and clarity to give adequate notice of the applicable speed limit. The speed limit upon the freeway at a particular time and place shall be that which is then and there displayed upon such sign. 22356. (a) Whenever the Department of Transportation, after consultation with the Department of the California Highway Patrol, determines upon the basis of an engineering and traffic survey on existing highway segments, or upon the basis of appropriate design standards and projected traffic volumes in the case of newly constructed highway segments, that a speed greater than 65 miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon any state highway, or portion thereof, that is otherwise subject to a maximum speed limit of 65 miles per hour, the Department of Transportation, with the approval of the Department of the California Highway Patrol, may declare a higher maximum speed of 70 miles per hour for vehicles not subject to Section 22406, and shall cause appropriate signs to be erected giving notice thereof. The Department of Transportation shall only make a determination under this section that is fully consistent with, and in full compliance with, federal law. (b) No person shall drive a vehicle upon that highway at a speed greater than 70 miles per hour, as posted. (c) This section shall become operative on the date specified in subdivision (c) of Section 22366.

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22357. (a) Whenever a local authority determines upon the basis of an engineering and traffic survey that a speed greater than 25 miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and

safe upon any street other than a state highway otherwise subject to a prima facie limit of 25 miles per hour, the local authority may by ordinance determine and declare a prima facie speed limit of 30, 35, 40, 45, 50, 55, or 60 miles per hour or a maximum speed limit of 65 miles per hour, whichever is found most appropriate to facilitate the orderly movement of traffic and is reasonable and safe. The declared prima facie or maximum speed limit shall be effective when appropriate signs giving notice thereof are erected upon the street and shall not thereafter be revised except upon the basis of an engineering and traffic survey. This section does not apply to any 25-mile-per-hour prima facie limit which is applicable when passing a school building or the grounds thereof or when passing a senior center or other facility primarily used by senior citizens. (b) This section shall become operative on the date specified in subdivision (c) of Section 22366. 22357.1. Notwithstanding Section 22357, a local authority may, by ordinance or resolution, set a prima facie speed limit of 25 miles per hour on any street, other than a state highway, adjacent to any children's playground in a public park but only during particular hours or days when children are expected to use the facilities. The 25 mile per hour speed limit shall be effective when signs giving notice of the speed limit are posted. 22358. (a) Whenever a local authority determines upon the basis of an engineering and traffic survey that the limit of 65 miles per hour is more than is reasonable or safe upon any portion of any street other than a state highway where the limit of 65 miles per hour is applicable, the local authority may by ordinance determine and declare a prima facie speed limit of 60, 55, 50, 45, 40, 35, 30, or 25 miles per hour, whichever is found most appropriate to facilitate the orderly movement of traffic and is reasonable and safe, which declared prima facie limit shall be effective when appropriate signs giving notice thereof are erected upon the street. (b) This section shall become operative on the date specified in subdivision (c) of Section 22366. 22358.3. Whenever a local authority determines upon the basis of an engineering and traffic survey that the prima facie speed limit of 25 miles per hour in a business or residence district or in a public park on any street having a roadway not exceeding 25 feet in width, other than a state highway, is more than is reasonable or safe, the local authority may, by ordinance or resolution, determine and declare a prima facie speed limit of 20 or 15 miles per hour, whichever is found most appropriate and is reasonable and safe. The declared prima facie limit shall be effective when appropriate signs giving notice thereof are erected upon the street.

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22358.4. Whenever a local authority determines upon the basis of an engineering and traffic survey that the prima facie speed limit of 25 miles per hour established by paragraph (2) of subdivision (a) of Section 22352 is more than is reasonable or safe, the local authority may, by ordinance or resolution, determine and declare a prima facie speed limit of 20 or 15 miles per hour, whichever is justified as the appropriate speed limit by that survey. The ordinance or resolution shall not be effective until appropriate signs giving notice of the speed limit are erected upon the highway and, in the case of a state highway, until the ordinance is approved by the Department of Transportation and the appropriate signs are erected upon the highway. 22358.5. It is the intent of the Legislature that physical conditions such as width, curvature, grade and surface conditions, or any other condition readily apparent to a driver, in the absence of other factors, would not require special downward speed zoning, as the basic rule of section 22350 is sufficient regulation as to such conditions. 22359. With respect to boundary line streets and highways where portions thereof are within different jurisdictions, no ordinance adopted under Sections 22357 and 22358 shall be effective as to any such portion until all authorities having jurisdiction of the portions of the street concerned have approved the same. This section shall not apply in the case of boundary line streets consisting of separate roadways within different jurisdictions. 22360. (a) Whenever a local authority determines upon the basis of an engineering and traffic survey that the limit of 65 miles per hour is more than is reasonable or safe upon any portion of a highway other than a state highway for a distance of not exceeding 2,000 feet in length between districts, either business or residence, the local authority may determine and declare a reasonable and safe prima facie limit thereon lower than 65 miles per hour, but not less than 25 miles per hour, which declared prima facie speed limit shall be effective when appropriate signs giving notice thereof are erected upon the street or highway. (b) This section shall become operative on the date specified in subdivision (c) of Section 22366. 22361. On multiple-lane highways with two or more separate roadways different prima facie speed limits may be established for different roadways under any of the procedures specified in Sections 22354 to 22359, inclusive.

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22362. It is prima facie a violation of the basic speed law for any person to operate a vehicle in excess of the posted speed limit upon any portion of a

highway where officers or employees of the agency having jurisdiction of the same, or any contractor of the agency or his employees, are at work on the roadway or within the right-of-way so close thereto as to be endangered by passing traffic. This section applies only when appropriate signs, indicating the limits of the restricted zone, and the speed limit applicable therein, are placed by such agency within 400 feet of each end of such zone. The signs shall display the figures indicating the applicable limit, which shall not be less than 25 miles per hour, and shall indicate the purpose of the speed restriction. Nothing in this section shall be deemed to relieve any operator of a vehicle from complying with the basic speed law. 22363. Notwithstanding any speed limit that may be in effect upon the highway, the Department of Transportation in respect to state highways, or a local authority with respect to highways under its jurisdiction, may determine and declare a prima facie speed limit of 40, 35, 30, or 25 miles per hour, whichever is found most appropriate and is reasonable and safe based on the prevailing snow or ice conditions upon such highway or any portion thereof. Signs may be placed and removed as snow or ice conditions vary. 22364. Whenever the Department of Transportation determines, upon the basis of an engineering and traffic survey, that the safe and orderly movement of traffic upon any state highway will be facilitated by the establishment of different speed limits for the various lanes of traffic, the department may place signs upon the state highway, or any portion thereof. The signs shall designate the speed limits for each of the lanes of traffic. 22365. Notwithstanding any other provision of law, any county or city, which is contained, in whole or in part, within the South Coast Air Quality Management District, may, if the county or city determines that it is necessary to achieve or maintain state or federal ambient air quality standards for particulate matter, determine and declare by ordinance a prima facie speed limit that is lower than that which the county or city is otherwise permitted by this code to establish, for any unpaved road under the jurisdiction of the county or city and within the district. That declared prima facie speed limit shall be effective when appropriate signs giving notice thereof are erected along the road. 22366. (a) Whenever the Director of Transportation determines the date upon which the state may establish a maximum speed limit of 65 miles per hour on highways without subjecting the state to a reduction in the amount of federal aid for highways, the director shall notify the Secretary of State of that determination. (b) The notice required under subdivision (a) shall state that it is being made pursuant to this section.

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to subdivision (a), or a later date designated by the director.

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