I read the 12 step guide and am considering writing a TBDW asking the officer to provide proof that the zone was actually 35mph. I have a video of the street with the 40mph sign. I fear I am too close to the court date, 05/04. Would this be a good course if action?
The street starts at 40mph and turns into a residential where the speed comes down to 35. The officer pulled me over in the 40mph part of the zone but wrote 35mph on the ticket.
Ideally I would like to get this over with, without acquiring a point. I do not mind traffic school, just want this behind me, and corrected. Any help would be appreciated. Thank you.
05/04 is time enough to write and submit to the court a written not guilty plea with request for a Trial by Written Declaration. Assuming the court gets it on time, you will get a new deadline to turn in your Trial by Written Declaration paperwork, usually around four weeks. SEND IT CERTIFIED, RETURN RECEIPT REQUESTED.
You have a better defense than most: along with the other standard arguments, you can include proof that the speed limit is not what the officer said it was. You can make the argument that if the officer was so inattentive to details as to get the SPEED LIMIT wrong, then the rest of his evidence should be considered as dubious and should be dismissed.
In any event, the Trial by Written Declaration process is explained here. It’s a seven-minute read, and it could save you a several-hundred-dollar fine, a point on your license, and an increase in your insurance.
If you’re found guilty, you can still request traffic school and a fine reduction, or try again with an in-person court trial. The trial de novo process is explained here.