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Defendant's Name: Vic Costello

Case No.: 17628970

I respectfully submit this written declaration to the Court

pursuant to CVC 40902. I plead 

 
 to the charge of

violating CVC 22349(a).

The facts of my case are as follows: While driving with my

spouse, Christine Costello, westbound downhill on Interstate

580, just east of West Grant Line Road, at around 2:55PM on 01-

07-2010, I noticed an oncoming car in my lane flash its lights

at me. The overtaking vehicle was following very closely,

creating an unsafe situation. Since I could not move to the

right immediately due to traffic, I accelerated somewhat to pass

this traffic so that I could yield to the right of the

overtaking vehicle and alleviate this developing unsafe

situation. Soon after I safely yielded to the right to the

overtaking vehicle, I was stopped by CHP Officer Garcia (I.D.

#18628) and charged with violating CVC 22349(a).

CVC 21753 "Yielding for Passing" requires that  
 



 


 


 




 

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 I do not think it is

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fair to convict me for momentarily breaking one law in my

attempt to obey another and relieve an unsafe situation caused

by an impatient driver.

The Basic Speed Law, CVC 22350, states: p
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Where I was stopped, Interstate 580 is a well-maintained

multi-lane freeway, quite safe to travel on at a speed above the

65mph maximum limit with the favorable weather (clear and dry)

and road conditions that existed at the time of my stop. Since I

was required for safety to momentarily accelerate to allow the

car overtaking and tailgating me to pass, I contest that my

speed in excess of 65mph was necessary, reasonable, and prudent

pursuant to the Basic Speed Law.

Section (b) of Speed Law Violations, CVC 22351, states:  


 

 



  




 





 

(includes the 65mph max speed limit) 



 




 



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The favorable road and weather conditions existing at the

time and place of my stop combined with the necessity to

momentarily accelerate to alleviate an unsafe situation with a

speeding tailgater, made the speed I was traveling at the time

of my stop Safe and Reasonable for conditions. As such, I know

that I was not in violation of the basic speed law at the time

and place of my citation and, pursuant to CVC 22351(b), contest

that my speed at the time of my traffic stop was therefore not

per se unlawful.

I trust in the Court's fairness in this matter and believe

that my citation should 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:

Vic Costello, Defendant in Pro Per

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