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Over the Max

What do I do when I am cited for violating the maximum speed limit (i.e., CVC 22349 or 22356)?

If it is a LIDAR ticket, I may be able to fight it on that alone.

I may be able to attend traffic school depending on how fast I was going and the court's policy -- each court has a cut-off point (e.g., 25 mph over the limit) above which they will not allow traffic school.

The strategies regarding paperwork and procedure can still work so I would start with those. If they did not work, I would definitely request a trial by declaration.

If I lost the trial by declaration and I could (and wanted to) attend traffic school, I would request it when the court schedules the trial de novo.

If I lost the trial by declaration and I could not attend traffic school, I would definitely plead, "Not guilty," and show up for the new trial. Since the officer has already submitted a sworn declaration, he/she may assume that he/she does not have to show (or just be busy with something else). If the officer is not there, I am entitled to a dismissal because:

  • this is a trial de novo (i.e., a new trial) and the evidence from the trial by declaration is not admissable.
  • have Constitutional rights (State and Federal) to confront the witness(es) against me.

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