My question involves a traffic ticket from the state of: California
So I was cited for violating CVC 22450 (a), and am seeking advice on the angle that I am contesting the ticket.
To begin, the box marked "Violations not committed in my presence, declared on information and belief" has been checked. What does this mean in regards to me contesting the ticket? There is no information regarding the citing officer
So I was coming down from a steep hill, and made a brief stop, and proceeded forward. This was at night, so I know that there were no cars at the intersection, or I would've seen their headlights. While crossing the intersection, I noticed a car turn on, and immediately knew it was an LEO. I get pulled over shortly and cited for CVC 22450 (a)
I plan on contesting via TBD, and using the argument that CVC 587 states "Stop or stopping... shall mean any cessation of movement of a vehicle." However, there is no length of time specified. Because I was at the bottom of the hill. I could have briefly ceased the movement of my vehicle, released my brakes, and because of gravity, rolled forward at a faster rate, leading the officer to believe that I ran the stop sign.
Given the details regarding the checked box on my ticket and the details and angle presented, is this a feasible argument that doesn't incriminate me?
My final question is: In California, I know that you can declare not guilty via mail vs. showing up in person to do so. Some courts require you to write and send a not guilty plea via mail with bail, and they respond with a TBD form.
However, it seems to be different for my court, and I just want to confirm whether or not I would still need a not guilty letter prior to my TBD.
http://ift.tt/1C3VDIe
This is the letter that one would receive after a ticket in my city. It states that I can submit a TBD + Bail, but do I still need to declare not guilty via mail before?
TL;DR:
1) "Violations not committed in my presence, declared on information and belief" has been checked. What does this mean in regards to me contesting the ticket? There is no information regarding the citing officer
2) Brief stop, no specified time in vehicle code, bottom of a hill = proceeding at a higher rate than normal = officer thinking that I didn't stop argument
3) Do I still need to submit a written not guilty letter prior to TBD, given the instructions in the link above?
Thank you all in advance!
So I was cited for violating CVC 22450 (a), and am seeking advice on the angle that I am contesting the ticket.
To begin, the box marked "Violations not committed in my presence, declared on information and belief" has been checked. What does this mean in regards to me contesting the ticket? There is no information regarding the citing officer
So I was coming down from a steep hill, and made a brief stop, and proceeded forward. This was at night, so I know that there were no cars at the intersection, or I would've seen their headlights. While crossing the intersection, I noticed a car turn on, and immediately knew it was an LEO. I get pulled over shortly and cited for CVC 22450 (a)
I plan on contesting via TBD, and using the argument that CVC 587 states "Stop or stopping... shall mean any cessation of movement of a vehicle." However, there is no length of time specified. Because I was at the bottom of the hill. I could have briefly ceased the movement of my vehicle, released my brakes, and because of gravity, rolled forward at a faster rate, leading the officer to believe that I ran the stop sign.
Given the details regarding the checked box on my ticket and the details and angle presented, is this a feasible argument that doesn't incriminate me?
My final question is: In California, I know that you can declare not guilty via mail vs. showing up in person to do so. Some courts require you to write and send a not guilty plea via mail with bail, and they respond with a TBD form.
However, it seems to be different for my court, and I just want to confirm whether or not I would still need a not guilty letter prior to my TBD.
http://ift.tt/1C3VDIe
This is the letter that one would receive after a ticket in my city. It states that I can submit a TBD + Bail, but do I still need to declare not guilty via mail before?
TL;DR:
1) "Violations not committed in my presence, declared on information and belief" has been checked. What does this mean in regards to me contesting the ticket? There is no information regarding the citing officer
2) Brief stop, no specified time in vehicle code, bottom of a hill = proceeding at a higher rate than normal = officer thinking that I didn't stop argument
3) Do I still need to submit a written not guilty letter prior to TBD, given the instructions in the link above?
Thank you all in advance!
Traffic Lights, Signs and Controls: CVC 22450 (A) Failure to Stop - Brief Stop, Bottom of Hill
