That's why I suggested the trial by written declaration. That will give the OP a chance to see what the officer will testify to, and, if the OP loses, s/he can ask for a trial de novo and then request traffic school there.
I respectfully submit this written declaration to the Court pursuant to CVC 24250. I plead Not
Guilty to the charge of violating CVC 24250.
The facts of my case are as follows: While driving on San Gabriel Boulevard, I was stopped by a SGPD Officer, (I.D. #113) and was charged with CVC 24250. On June 20th, the time of sunset in the San Gabriel Valley was about 8:07pm(±30-45 seconds) according to U.S Naval Observatory Astronomical Applications Department.
Division 1 enacted by Stats. 1959, Ch. 3. states, “Darkness” is any time from one-half hour after sunset to one-half hour before sunrise and any other time when visibility is not sufficient to render clearly discernible any person or vehicle on the highway at a distance of 1,000 feet.” The time written on my traffic ticket was at 8:37pm. It was the service time printed on the ticket rather than the actual time of the violation. In addition, the officer had me stay in the car for 5-6 minutes. The offense was taken less than 30 minutes after sunset, therefore it is not considered “period of darkness”, as defined by the law. At the time of my stop the road was clear and visibility was definitely sufficient, surrounded by lights.
I trust in the Court’s fairness and ask that my citation be dismissed in the interest of justice.
If the court does not find in my favor in this case, I request a Trial de Novo.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Is this good enough? Need to turn this in 2 days.