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J.A Evans
J.A Evans, Lawyer
Category: Traffic Law
Satisfied Customers: 24
Experience:  Prosecuted traffic, misdemeanor & felony level offenses 10 yrs. Worked as a judicial law clerk and wrote the judicial opinions.
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CA TRAFFIC LAW QUESTION CA traffic violation 22349(B)VC Need

Customer Question

CA TRAFFIC LAW QUESTION

CA traffic violation 22349(B)VC
Need help deciding going to trial, pay ticket/traffic school or trial by written declaration. Could i even attend traffic school despite being over 25 above the speed limit? I already requested an extension of 60 days.

On April 10, 2013 at 4:25pm i was pulled over for an 81 in a 55 mph zone.

I was driving Eastbound on SR 138 and its mostly a 2 lane highway with some parts widening for passing.

I got pulled over about 4.5 miles West of the 138/15 junction.
I was driving when a 10 passenger van was passing me on the left side and the road began to curve to the right and narrow to a single lane.

There were 2 CHP units parked tandem on the right side of the highway. Additionally there was also a civilian vehicle parked in front of the CHP units, probably stopped for speeding.

By this time the van was already in front of me and pulling away.
I noticed the 2 units on the side of the road. Just before i was passing the CHP units, i noticed the rear unit turn its flashers on and began to pull on the highway. The police car was behind me and i thought that i should get out of his way but to my surprise the officer used his PA system and instructed me to pull over.

I noticed also that the officer pulled over the van that passed me a bit earlier.

The first CHP unit that was busy with another vehicle was done and came over behind me. That officer instruced me to drive forward on the dirt curb and park close to the unit that pulled me over.

The officer that had pulled me over came to my window asked why i did not follow his intruction to pull over closer to his vehicle, but i told him that i could not see that far away to see his intruction.

I was not cited by the officer that had pulled me over but by the other officer. As i was attempting to question how they determined my speed, the citing officer said to me as "both" to my question, maybe referring to radar gun and speed determination through other means. The citation includes both the officer's names, one as the citing officer and the other the arresting officer. The 'RADAR' box was not checked but the 'MVARS'(mobile video/audio recording systems) was checked and some 6 digit number was written in the same area, probably a radar number.

I now know the person who was driving the passenger and in fact it would be the van that i would carpool with the following day.
He gave me a copy of his citation with some differences; the officer that had pulled me over is the only name on his citation and the 'RADAR' and 'MVARS' boxes are checked along with the written 6 digit number.

If i go to trial, how do i subpoena the van driver, the CHP officers with their notes/audio and video recordings and any other relevant info to my case?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  J.A Evans replied 1 year ago.

J.A Evans :

Hi I hope to help you with your questions today. I offer first of a all an option to resolve the matter. You may want to contact the prosecuting attorney and attempt to work out a plea bargain. Often times the prosecutor has a set deal that can be offered that is mutually beneficial--they get the case resolved and you get a lower fine than outright paying the ticket or you can get the matter resolved without it going on your driving record.

J.A Evans :

Another option of course it trying to resolve the matter with a trial. If the person who was driving the van is a friend or yours or is willing to come to court to testify, you do not need a subpoena to get them there. If they are not willing, then you must go to the court that has jurisdiction over the case and request subpoenas for your trial. They have to give you a reasonable number. You will need the persons contact information and you will need to serve them with the subpoena and provide proof of service back to the court.

J.A Evans :

If you want to have the police records, including the audio and video you will need to make a written request to the prosecuting attorney asking for discovery, including the audio and video records. They may require you to view them at their office or they may require you to provide a blank dvd to record onto for your copy. You have an absolute right to the evidence that will be used against you but you must request it.

J.A Evans :

I hope that my answer was helpful to you. If you have any further questions, please ask, I am happy to help. If your question has been answered, please rate my answer as it is the only way I get paid for my work. Best of luck to you.

Customer :

Well the driver of the van is a coworker of mine and i am certain he would go to court with me.

Customer :

I would make a deal with the prosecutor if he or she would lower my fine to 299. BTW my ticket is for 663. I have a legitimate reason to fight this ticket, but because i hold a security clearance for my job, i have to report traffic fines of 300 and over. So that gives me more reason to fight the traffic ticket.

Customer :

How do i go about contacting the prosecutor and attempt to work out a plea bargain? telephone, letter, email?

Customer :

And if i decide to go to trial, what request(formal letter? a certain court letter?) do i send the prosecuting attorney to have the police records?

Customer :

I would make a deal if they lower my fine 299 and go to traffic school

J.A Evans :

Good to hear that getting your witness should be easy to accomplish. You should call the prosecutor and you may need to meet with him or her in person. Sometimes they will allow deals to be conducted by mail but you should call first to make sure you get the right person and they have the relevant information about your case. Most often a written request for discovery is required, but really depends upon the rules created by that particular prosecuting office. It does not need to a be a certified letter or anything with any fancy language. It merely needs to include your request and enough information for the prosecutor to find your case, such as your ticket number, name, DL number and date of birth. As always, when speaking to the prosecutor be respectful and friendly. Sugar goes a lot farther than vinegar! And if you are trying to negotiate a deal, the negotiations cannot be used in your trial. For example, if you admitted you were speeding but not going 81, the prosecutor cannot say at trial that you already admitted you are guilty when you were negotiating.

J.A Evans :

I hope the information I provided was helpful to you. Please rate my answer so I get credit for my work. If you need any further help, I am happy to answer additional questions

Customer :

Fortunately i was able to gather similar info through research on the web. I am not sure if i needed an answer on this site. But thanks

J.A Evans : I answered your questions. I am sorry if you were not happy with the answers. I am only providing the information you asked. What could I have done to provide you better service? Giving me a low rating does not reflect the service and attention I feel you have been given.

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J.A Evans
J.A Evans
Traffic Lawyer
24 Satisfied Customers
Prosecuted traffic, misdemeanor & felony level offenses 10 yrs. Worked as a judicial law clerk and wrote the judicial opinions.