Fighting a traffic ticket through trial by written declaration. how do i gather evidence such as the radar logs etc...?

Asked over 3 years ago - Ceres, CA

i got a ticket in Kern County, CA for going 88 on 65mph on Interstate 5. I know 100% that i wasnt speeding nor going 88. the officer was an ass (excuse my language). he came up to the car, asked for my lic. and reg. and left before i could ask why he pulled me over or him saying anything else about the stop. he came back with a speeding ticket for me. when i asked, He said "i caught you going 88 both times on my radar even after you saw me!..." now who in their right mind would do that? I believe its impossible for me to go that speed both times he clocked me because i had just begun to go downhill. i need help winning this case cuz i know i would never jeopardize becoming a cop in the near future by going at speeds exceeding the posted speed limit. how do i get the radar info...?

Attorney answers (3)

  1. John M. Kaman

    Pro

    Contributor Level 20

    Answered . A traffic ticket is not likely to jeopardize your career in law enforcement. File your declaration setting forth your grounds. The officer then must file his own in support of the ticket but hopefully he'll be too lazy to do so. If you lose the TBD request a new trial and make a demand for discovery of the information you need. If you are really serious about this a traffic attorney can do it more easily than you.

  2. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    Answered . When you file file a TBD you really do not have an opportunity for discovery such as radar logs, etc. If the officer does not respond-you win. Do not admit to going over the speed limit in your TBD. If you lose the TBD then you can request a trial de novo and get the discovery you desire. A traffic ticket attorney would be most helpful here. Fighting a ticket should in no manner have any bearing on you becoming an officer.

  3. Robert Lee Marshall

    Contributor Level 20

    Answered . Consider investing twenty five bucks in a copy of "Fight your Traffic Ticket and Win in California," published by Nolo Press. It's a great overview of the California traffic court system, with lots of helpful tips that couldn't possibly be listed here.

    It's available at most bookstores, and at online retailers like Amazon.

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