State of California — Judicial Council Form
6. Declaration of Facts — Statement of Facts (begin here):
I was driving on the freeway in Los Angeles County with the flow of traffic. The officer later told me that he had paced my vehicle, but his car was changing its distance behind me rather than maintaining a steady distance. I do not believe I was traveling over 65 miles per hour, and I do not believe the pacing accurately measured my speed.
Vehicle Code § 22349(a) requires the People to prove that I drove at a speed greater than 65 miles per hour. A pace measurement must reliably identify my vehicle and be based on a constant following distance over a sufficient period of time. The officer would also need to establish that the speedometer used for the pace was properly calibrated…
TR-205 • Request for Trial by Written Declaration