Suggests for a Trial by Written Declaration on a "Failure to obey traffic sign"? :/

[Q5Girl]

Hi All,

I actually found this forum because I was searching for how to beat a traffic ticket through "Trial by Written Declaration." And I thought I'd join because I've had a couple Audis. :) Maybe someone can help here. I was going to write this based on other found suggestions (i.e. helpigotaticket and this forum), but thought I'd see if anyone had any other tips.

BEGINNING

Defendant's Name: XXX
Citation No.: XXX

I respectfully submit this written declaration to the Court pursuant to CVC 40902. I plead Not Guilty to the charge of violating CVC 21461 (a).

The facts of my case are as follows: While driving on SR-76 on 03-30-14, I was stopped by a CHP Officer (I.D.#xxxx) and was charged with violating CVC 21461. The Officer has alleged that I failed to obey a "No left turn" traffic sign.

At the time of my stop, the road was dry and clear with light traffic. In conversation, the officer acknowledged that said traffic sign was set significantly back from the road. The sign was construed to refer to traffic regulation within the parking lot that was being eggressed, not to the roadway that was being entered.

Further, I believe that the posted sign is not congruent with all of the other exits and entrances along this same stretch of road. None of them have a "No left turn" traffic sign.

I trust in the Court's fairness and ask that my citation be dismissed in the interest of justice.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: 04-29-14

XXX, Defendant in Pro Per

END

I don't have any pictures. I don't live in the area. The sign was, I'd say, set back from the road at least 15 feet? Maybe... I was following someone, and of course they didn't get pulled over. And I think we crossed a double yellow line. It may have been worn with use. I just wondered if there was anything else that might be handy to add.

I appreciate any comments. Thanks so much!

[jballou]

76 and where? State route 76 is pretty long, goes from the ocean to the mountains.

[Q5Girl]

Pala. Out of the parking lot of the casino. It's San Diego County.

[BoostinonYOU]

Maybe I was following someone? Were you? Was the sign ment for people exiting the p-lot of traffic entering.

[BoostinonYOU]

If you were exiting the p-lot how many signs were there? Were there any across the highway?

[Q5Girl]

Sorry, I got tied up with work. The "Maybe" was referring to the sentence before. I was following someone. The sign was facing me as I was leaving the parking lot. One sign. No signs across the highway. Thanks for asking for clarification. :)

[Q5Girl]

Anyone have any suggestions? :/

[skiracerblah]

Here's a long thread in the Law Enforcement Section off SoCalEvo forums. Plenty of examples to choose from there...

http://www.socalevo.net/threads/1145...ation-(How-To)

[Q5Girl]

Yes. Thanks. I've looked at that, and I used part of their first example. I was just wondering if anyone had an example or experience specific to this violation. :)

[skiracerblah]

Here's how i beat a parking ticket in Pasadena cuz the parking sign had a few tree branches covering it. Not exactly your situation, but maybe give you ideas. Note, after i won my case, a few week afterwords the city sent a crew in to clear the sign of any trees..

OW TO: FIGHT A PARKING TICKET WHEN NO PARKING SIGN IS NOT POSTED IN A "CONSPICUOUS PLACE"

Applies to City of Los Angeles, but could apply to other cities/agencies:

http://www.lacity-parking.org/laopm/contest.htm

Service: Contesting a Ticket
Description: Contesting a ticket is a three-step process
Administrative Review
Administrative Hearing
Appeal

Telephone: Please call the number below to request an Administrative Review.

or
Mail: Please send a letter to the address below to request an Administrative Review. Please state the grounds upon which you are contesting the ticket. Write the citation number on the letter or refrence the received citation.
You MUST contest your citation within 21 days of the date the ticket was issued, or 14 days from the date on the first overdue notice.

Phone (866)561-9742
TTY: (213)623-7046
Mail Correspondence: City of Los Angeles
P.O. Box 30247
Los Angeles, CA. 90030-0968



My Administrative Review i wrote thru the mail:

August 1, 2008
Attachment: 1
City of Los Angeles-Parking Violations Bureau Initial Review Request

For defendant:
Skiracer
1111 Crenshaw Blvd.
Los Angeles, CA
Citation# 123456789

To Whom It May Concern:

I am contesting the citation number listed above which I received on 8/1/2008 at 8:03AM which my car was parked at or near “X2405 Crenshaw Blvd.� according to the citation.

Attached photograph A shows a sign 30-40 feet East of my parking location stating “No Parking 8 to 12 Noon Thursdays Only Street Sweeping�, but the sign is obscured by tree branches and leaves and was not in a “conspicuous� location as CVC 22507.6 states below and can only be read when you move the tree branches and leaves.

CVC 22507.6 states, “Local authorities may, by ordinance or resolution, prohibit or restrict the parking or standing of vehicles on designated streets or highways, or portions thereof, for the purpose of street sweeping…No such ordinance or resolution shall be effective until the street or highway, or portion thereof, has been sign-posted in accordance with the uniform standards and specifications of the Department of
Transportation, or local authorities have caused to be posted in a CONSPICUOUS place at each entrance to the street a notice not less than 17 inches by 22 inches in size, with lettering not less than one inch in height, setting forth the day or days and hours parking
is prohibited.�

Attached photograph B shows a close up shot of the No Parking sign covered by tree branches and leaves and is clearly not in a conspicuous location.

The Merriam-Webster dictionary defines the word “conspicuous� as:
1 : obvious to the eye or mind <conspicuous changes>
2 : attracting attention : striking <a conspicuous success>
3 : marked by a noticeable violation of good taste
Synonyms: see Noticeable
http://www.merriam-webster.com/dictionary/conspicuous

I am requesting my ticket be dismissed on the grounds that the No Parking Sign was not in a conspicuous/obvious location per CVC 22507.6 and not clearly visible from the street due to tree branches and leaves obscuring the visibility of the sign.

Regards,





Skiracer

[Q5Girl]

@skiracerblah
That's so awesome! I wish that was my story. Haha. And sadly, I didn't take any pics, and don't live there. Even if I did, I don't think they'd help. I think I may just submit what I have and hope they show mercy on me. Thanks so much for sharing your story. I really appreciate it. I will see if any of your language is usable for me. :)