Pursuant
to California Vehicle Code (CVC) 40902, I respectfully submit this Trial By
Written Declaration to the Court. I plead Not Guilty to the charge of CVC
22350.
As required, I enclose a check for $297.00 of bail
payment. Please refund $297.00 in the event the court finds me not
guilty.
On May 1st 2008, I was on the southbound of Highway
17 heading towards Santa Cruz. I had slept well the night before and was in no
rush as my intention was to enjoy the scenery and drive to Santa Cruz since I
am from Europe and had never driven this highway before.
It was a clear bright sunny day. Shortly past the intersection of Skyline Blvd.
and Highway 17, I was caught in the following situation.
There were only two lanes and they were going upwards
over a small hill. The left lane I was on was empty as far as I could see while
the right lane had several vehicles all travelling slower than me. As I was
travelling at about 48mph, I estimate their speed to be around 44mph. At that
moment, from my rear view mirror, I noticed a silver Acura NSX, driven by a
young male, gaining speed aggressively and flashing his headlights at me.
Wanting to prevent an accident, and as I was in no rush,
I immediately looked at the right lane for a spot to merge in. I did see one 1.5
car lengths ahead. As the left lane was totally clear, I was able to turn on my
indicator, pick up speed safely and merge safely. I safely picked up speed just
as we crested the small hill and safely merged into the right lane on the
descent.
However, there was a CHP car waiting slightly ahead and
as I merged into the right lane, the young male in the Acura NSX also decided
to merge in rather dangerously behind me. We both past the CHP car and within
20 seconds of passing it, I heard the police siren. To my great surprise, when
I looked through my rear view mirror, I saw the CHP car merging in between the Acura
NSX and me. I pulled over safely at the very next turnout.
The Police Officer wrote on the citation for speeding at
70mph. I can hardly recall since the last time I checked, I was driving at
48mph and had only speed up briefly, going uphill past one car and merging in
on the descent. During that time, I was fully concentrated on driving and
merging safely and did not have a chance to look at my speed. However, after
merging, I did see that my speed was 48mph.
I received my Courtesy Notice on July 2008 and opted for
Trail by Written Declaration. I got the TBWD forms on Aug 2008 and was informed
that the deadline was on Sept 2008. Since I wanted to send out and
Informational Discover Request (IDR) and give 18 days for a reply, I appealed
to have my TBD deadline extended. However this was turned down and I was
informed of it on Aug 5th, 2008.
Nevertheless, on Aug 10th, 2008, I sent out an
IDR to both the District Attorney of the Santa Cruz Court and the Santa Cruz
CHP but as of Aug 12, 2008, I have had no reply my right has been violated
pursue to California Penal Code Section 1054.5(b) and California Penal Code
Section 19.7.
I believe that this is a very unfortunate situation and
it does not reflect my driving behavior. Thank you for your understanding and I
wish you could find me not guilty.
If the court finds me guilty, I request a Trial de Novo,
and an option to attend traffic school level one and have the fine reduced.
In addition, please send me the “Decision and Notice of
Decision” (TR-215) by mail.
*All evidence, including proof of service by mail and
return receipts are enclosed.
I declare under penalty of perjury under the laws of the
State of California that the foregoing is true and correct.
Date:
_____________________________
M
Copper, Defendant in Pro Per