CHP moving violation, trial by written declaration

[hitjohn]

CHP Ticket on Northbound 101 Nov 2008 / Palo Alto.

I received a ticket for passing a Prius in the Carpool lane using the inside shoulder. The ticket was issued for crossing the center divide line (solid yellow) and for nothing else.

I was pulled over by a CHP officer who showed up from my left so he was never in front of me or behind me to see my wheel position in the lane.

Decided I would just take the ticket, didn’t fight his words and went on my way home. The side of the freeway is not a place to negotiate rights and wrongs during rush hour.

I contested this ticket using the Trail By Written Declaration and pointed out facts such as:

- officer was never in front of me or behind me to see where my wheels were in relation to the line
- view of me and the bike was blocked by the car I was passing (in the same lane)
- lane sharing is a legal means to pass a vehicle and I used the left side which is also legal.
- Even with the width of a Prius in the lane there was still 50 some odd inches of lane available to pass and my handlebars are 20 something inches wide.
- Cited Caltrans lane width from their website
- Use diagrams with Google Earth Images

***be extra polite and kind in your words when explaining the situation and facts***

Sent all of the above info in with bail money and about a month later they dismissed my case and refunded me the bail amount back.

(if you lose this written trial you can request a court trial)

By doing the trial by written declaration I did not have to go to court and just typed all the facts out, they request info from the officer you are challenging and the judge makes the call.

I like this system better than going to court because court appearances take time to do.

I recommend the trial by written declaration for CHP issued tickets which you feel you were not in the wrong.

I may have been over the line and may not have been but the fact still stands that if the officer was coming at me from the right when I made the pass he was blocked by the car between us and could not have seen where my wheels were located. If he was behind me , well then, it would have been a bit different.

There was the 8th ticket I have beaten. My record still stands on the positive at 1 guilty and 8 not guilty verdicts. At the same time i look at each ticket as a learning opportunity on traffic laws and loopholes and also as a reminder to be safer while riding. (i sound like a hypocrite with all the tickets issued but i do feel this way)

Besides, with a baby coming soon I need all the money I have.

Ride safe and have a nice weekend.

 

[2strokeYardSale]

Curious, were you on a sport bike? Loud pipe?

 

[atoyf]

Curious, were you on a sport bike? Loud pipe?

oh may be a cruiser very loud pipes?

 

[hitjohn]

i have a black Z1000 with a very loud single Remus shorty exhaust. I have been commuting for well over 70K miles with loud pipes and its kept me out of accidents on numerous occasions.

some might say loud pipes are no good but if you commute daily i would recommend them. people notice you and are more aware when they know you are coming through. i have never had a bad experience or any complaints using them.

i have never been cited for noise a single time and they have been more of an asset than anything. i don't sit in traffic revving the motor or let the bike warm up for more than 10 seconds before i get rolling in morning just to keep the peace.

use good earplugs.

in terms of maybe the CHP officer heard me I don't know as he didn't make mention of anything related to the noise.

 

[2strokeYardSale]

I asked because you were prosecuted for doing something legal. I was just curious what made you stick out.

"The nail that sticks up will get hammered down." -- Japanese proverb

i have never had a bad experience

You have now.

Good job on the defense.

 

[SteveS]

Good work. I've beaten my last three tickets. I think the key is to show the reader that the prosecution doesn't have a case. That means either (1) you can demonstrate that the law supports a finding of not guilty or (2) the officer cannot offer evidence that you broke a law. I don't think the defendant's word against the prosecution's type arguments will carry the day.

It sounds like you effectively used what I'm calling scenario (2). :thumbup

 

[hitjohn]

I asked because you were prosecuted for doing something legal. I was just curious what made you stick out.

"The nail that sticks up will get hammered down." -- Japanese proverb


You have now.

Good job on the defense.

thats probably true, i think the exhaust could have been a part of it and i am sure he heard the bike.

i think i was prosecuted for doing something illegal because i was over the yellow line. i fought the ticket with the fact that the officer could not have seen me over the yellow line due to location. so the burden of proof was on him.

One ancient Chinese proverb i know of says "its only illegal if you get caught."

he couldn't logically catch me as his view was blocked hence the dismissal.

would be great if they did away with those solid lines on the road, i'll propose that to caltrans.

 

[SteveS]

I asked because you were prosecuted for doing something legal.

You have [had a bad experience related to having a loud pipe] now.

I really think you're mis-reading his situation. He was charged with crossing the solid center line, which is not legal (and neither is passing on the shoulder). It was reasonable to think the cop would cite him for that alone.

 

[Whodat]

It has been my experience that it doesn't matter what you write. If the cop responds you lose. If he doesn't, you win. Now I just write "not guilty" and send them in.

 

[AbsolutEnduser]

Actually I am a bit confused where you passed, left or right and where the cop was--but still this is a nice post.

Why confused.. on the beginning you say I passed on the left and the cop was coming from the left (? how if you were in the carpool lane?)

later on, you say, "The cop saw me from the right. " ..

anyway...
After reading it, I decided you have passed the Car-Model-Prius on the left, and you had been between a concrete barrier and the car in the carpool lane.

 

[hitjohn]

Actually I am a bit confused where you passed, left or right and where the cop was--but still this is a nice post.

Why confused.. on the beginning you say I passed on the left and the cop was coming from the left (? how if you were in the carpool lane?)

later on, you say, "The cop saw me from the right. " ..

anyway...
After reading it, I decided you have passed the Car-Model-Prius on the left, and you had been between a concrete barrier and the car in the carpool lane.

apologies, yes i passed on the left side of the prius in the same lane as the prius in the carpool lane. and the officer was to the right of both me and the prius.

kind of a weird situation.

 

[SteveS]

It has been my experience that it doesn't matter what you write. If the cop responds you lose. If he doesn't, you win.

My experience has been better than yours. Of my last three tickets, I've beaten the prosecution twice in court and once by written declaration. In the court cases, the cop showed up and presented his evidence. In the written declaration, the cop responded. In each case, I won because the law was on my side (which was only apparent after careful review of the law).

As I implied above, in the past, I've lost when it came down to my word against the cop's. If your case comes down to that, I agree that you will typically lose if the cop shows up in court or responds to the written declaration.

 

[crank1000]

It has been my experience that it doesn't matter what you write. If the cop responds you lose. If he doesn't, you win. Now I just write "not guilty" and send them in.

Bingo. The other reason that people are generally more successful with WDs is because there's a lot of stuff to fill out on the forms the cop has to send in, and if he doesn't get it all perfect, they can't prosecute. So in general, your case doesn't matter, it's all dependent on having a lazy cop to fight.

 

[Mike T]

every time i contest a ticket, its always been trial by written declaration :teeth

 

[Asphaultnaut]

perhaps the very large bumper sticker with the "Bad cop-no donut!" had something to do with it? :teeth

I asked because you were prosecuted for doing something legal. I was just curious what made you stick out.

"The nail that sticks up will get hammered down." -- Japanese proverb


You have now.

Good job on the defense.

 

[lyvewyrez]

always fight it! worse case cenario is that youll lose and have to pay what they wanted to in the first place. theres so many variables that can come up to get you off, bot counting that if you can prove any bit that there was reasonable doubt that you didnt do what the cop says than the whole case can get thrown out. just look at it all again and find a way

 

[Bavarian3]

Bingo. The other reason that people are generally more successful with WDs is because there's a lot of stuff to fill out on the forms the cop has to send in, and if he doesn't get it all perfect, they can't prosecute. So in general, your case doesn't matter, it's all dependent on having a lazy cop to fight.

+2

Ive gotten out of many tickets with this method, simply with not guilty written on it. The catch I believe is they dont get paid to do this work, vs going to court in person they get paid.

Unfortunately today i received my first ever Guilty TBD. We'll see what happens after I send in a request for a new trial. Im guessing cops have to be a little less lazy than usual these days.

 

[Ironbutt]

This is one of the most articulate/objective posts that I've read about this subject...

Thanks.

Congrats on the new rug rat. He's gonna ride green right? :laughing

CHP Ticket on Northbound 101 Nov 2008 / Palo Alto.

I received a ticket for passing a Prius in the Carpool lane using the inside shoulder. The ticket was issued for crossing the center divide line (solid yellow) and for nothing else.

I was pulled over by a CHP officer who showed up from my left so he was never in front of me or behind me to see my wheel position in the lane.

Decided I would just take the ticket, didn’t fight his words and went on my way home. The side of the freeway is not a place to negotiate rights and wrongs during rush hour.

I contested this ticket using the Trail By Written Declaration and pointed out facts such as:

- officer was never in front of me or behind me to see where my wheels were in relation to the line
- view of me and the bike was blocked by the car I was passing (in the same lane)
- lane sharing is a legal means to pass a vehicle and I used the left side which is also legal.
- Even with the width of a Prius in the lane there was still 50 some odd inches of lane available to pass and my handlebars are 20 something inches wide.
- Cited Caltrans lane width from their website
- Use diagrams with Google Earth Images

***be extra polite and kind in your words when explaining the situation and facts***

Sent all of the above info in with bail money and about a month later they dismissed my case and refunded me the bail amount back.

(if you lose this written trial you can request a court trial)

By doing the trial by written declaration I did not have to go to court and just typed all the facts out, they request info from the officer you are challenging and the judge makes the call.

I like this system better than going to court because court appearances take time to do.

I recommend the trial by written declaration for CHP issued tickets which you feel you were not in the wrong.

I may have been over the line and may not have been but the fact still stands that if the officer was coming at me from the right when I made the pass he was blocked by the car between us and could not have seen where my wheels were located. If he was behind me , well then, it would have been a bit different.

There was the 8th ticket I have beaten. My record still stands on the positive at 1 guilty and 8 not guilty verdicts. At the same time i look at each ticket as a learning opportunity on traffic laws and loopholes and also as a reminder to be safer while riding. (i sound like a hypocrite with all the tickets issued but i do feel this way)

Besides, with a baby coming soon I need all the money I have.

Ride safe and have a nice weekend.

 

[bojangle]

always fight it! worse case cenario is that youll lose and have to pay what they wanted to in the first place. theres so many variables that can come up to get you off, bot counting that if you can prove any bit that there was reasonable doubt that you didnt do what the cop says than the whole case can get thrown out. just look at it all again and find a way

Well, if you follow this advice knowing that you violated the law AND if you can't make a good case for reasonable doubt, then you may just be ruining your chances of doing traffic school and keeping a point off your record. If you fight a citation and lose, the judge does not have to give you the option of traffic school that you may have otherwise had.

+2

Ive gotten out of many tickets with this method, simply with not guilty written on it. The catch I believe is they dont get paid to do this work, vs going to court in person they get paid.

Unfortunately today i received my first ever Guilty TBD. We'll see what happens after I send in a request for a new trial. Im guessing cops have to be a little less lazy than usual these days.

Cops get paid for ALL the work they do. If you are talking about overtime, then yes, a TBD would not involve overtime pay for the officer. However, officers going to traffic court are not necessarily getting paid overtime either if it falls during their regular shift.

 

[Psyclotron]

If you fight a citation and lose, the judge does not have to give you the option of traffic school that you may have otherwise had.

my bet is unless you call the judge's mom a harlot, s/he'll still let you take traffic school because it's another $50 in bullshit profit, i mean fees.