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Traffic Citation Clinic - California TicketsRadar Speed Trap Appeal Brief |
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In most cases we do not recommend an appeal after an adverse judgment in traffic court. Such appeals are difficult to win and can require substantial time and effort. However, it is recognized that some people are determined to pursue an appeal out of principle or necessity. Often it is not practical to employ an attorney to handle the appeal because the time commitment translates into a fairly substantial expense. So, we have prepared this brief writer to assist the layperson with the general layout and look of an appellate brief.
We have chosen the speed trap cases because they are one of the few areas
in traffic citation law where the appellate courts have laid out a set of strict compliance
rules for the trial courts. The focus here is on engineering and traffic surveys because
the failure to produce a survey or the production of an inadequate survey, under the proper
circumstances, should lead to a reversal.
Disclaimer: Note that this is not an exhaustive consideration of issues for a traffic appeal but simply a starting point which should be researched and refined before filing. The statutes and cases cited should be checked to insure that they have not been overruled or amended. Further, this is not meant to constitute legal advice nor to create an attorney-client relationship, but is merely an example of some possible issues. Materials prepared by the Sacramento Traffic Citation Clinic, 2277 Fair Oaks Blvd., Suite 330,Sacramento, CA 95825. Phone: (916) 924-8862, Fax: (916) 924-9195. Last updated: September 10, 2006. |