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 $390.00 of bail
payment.?Please refund $390.00 in the
event the court finds me not guilty.
On XXX morning, about N:NNam, XXX NNth,
a clear dry day with sight morning overcast, I drove a minivan I borrowed from
my friend eastbound on the westbound of ?/span>Roadlton
Ave. My destination was XXX YYYYY Office at NNN W Roadlton Ave, where my
husband and I had an appointment at N1:00am with Dr. XXX YYYY. A copy of the
appointment notice with time of appointment indicated is attached as Exhibit 1.
There was very little traffic and no
pedestrians on the street. The road is a six-lane divided with three lanes and
a bike lane in each direction. The road is straight in both directions so I
could see ahead at lest half mile.
I was driving in the right lane and preparing
to slow down and make a right turn on ZZZ Drive to enter the parking lot at NNN
W Roadlton Ave - my destination which is approximately 450 feet past the
intersection with YYY drive. Once I crossed the YYY drive ?a police officer on
foot suddenly appeared from the shady area around the business sign, stepped into
the bike lane and pulled me over. Please see Exibit 2: road view and diagram; the
business sign is marked.
I was less than 400 feet away from my
destination and had about 15 minutes till my appointment ?there was absolutely
no reason for me to speed (please see the diagram - Exibit 2). Even after the
stop I made the appointment ahead of time. Please see the time N:NNam indicated
on my citation ?Exibit 3. My husband was in the front seat and he does not
recall me driving above the posted speed limit ?please see Exibit 4.
After stopping I discovered that there
were two more officers near the business sign. The officer that pulled me over
did not have any devices that looked like lidar, although this is what is
indicated on my citation. Please see Exhibit 3.
The officer appeared to be in a hurry
- he requested only my driver license, but did not request the car registration
and insurance. As a result, on the citation I am wrongly indicated as the owner
of the car (please see Exhibit 3), while the car belongs to my friend. The
registration address is also wrongly indicated same as mine, while the car is
registered at my friend’s address. Please see Exhibit 5 ?copy of the car
registration.
Since the arresting officer did not hold the
lidar, the information had been somehow communicated by one or both of the
other two officers if one of them had the lidar. There are quite a few objects
that may have obstructed the view of the road from their position ?the trees
and the light polls (please see Exhibit 6). I am sure that the notes and other relevant
evidence from all the three officers present at the scene will reveal some kind
of miscommunication which car had to be pulled over. There was a car behind me
driving at a much higher speed. I was concerned it was about to rear end my
car, but then it swerved into the central lane and passed me about the time I
was approaching YYY Drive.
I was driving safely and cautiously giving
myself plenty of time to reach my destination. 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.
Enclosed
6 Exhibits.
I declare under penalty
of perjury under the laws of the State of California that the foregoing is true
and correct.
Date:????????????????????????????
_____________________________
???????????????????????????????/span>????? M
Copper, Defendant in Pro Per
Exhibit 1
Photocopy of appointment notice
Exhibit 2
Road view and diagram
Exhibit 3
Photocopy of citation
Exhibit 4
At
the moment of the alleged infraction I was in the car, in the right front seat.
I am positive that the car was moving at the posted speed limit.
Address
of witness:
Nnnn XXX Ave, ZZZZZ, CA NNNNN
Phone: nnn-nnn-nnnn
Date and signature:
______________________ Nnnn NN, 20nn
Xxxxxx Yyyyyy
Exhibit 5
Photocopy of car
registration
Exhibit 6
Road view from the
officer’s position