Speeding Ticket In Kawlifornia (school?, declaration?, court?

[Old Michael]

Baggers don't get cited in CA. You gotta get rid of that Strom.

Sincerely,

Pole Gazer #1

 

[Dr. Rich]

Baggers don't get cited in CA. You gotta get rid of that Strom.
Sincerely,

Pole Gazer #1

Michael said since he had planned the ride and that he was the oldest and should have known better than to be speeding, he will pay the fine and do traffic school for you. Now isn't that what friends are for?

 

[ionbeam]

...I would think that the violation was 22349( B) v.c. exceeding the max. speed limit of 55 mph...P.S. I do not know how to get rid of that face after 22349. The face should be a B. For subsection B of 22349 v.c.

This won't help Reno, but when you use the letter B followed by the parenthesis ) the Forum software interprets this pattern as the symbol for B) You can get around it by using square brackets or put a period after the (B.), anything to break up the pattern of B & ).

 


Looks like you have offered Reno some good advice!

 

[RenoJohn]

Reno,
Thanks for the response....I really wish you the Best with your Conquest. Getting a ticket is very depressing especially now that is not the Spirit of the law but the Letter of the law to help Gov't coffers.

A Salute to your Success!

Thanks, and biting my tongue to keep from going political ....me believes revenue, not public safety at the forefront of the reason for citations. And, that is too bad as the real revenue goes to our insurance companies.

In California, I would not bother calling the court or D.A.'s office. They both will tell you that only the judge can do anything for you and he will not talk to you until you arraignement date. What I would do is one of two things. the first is pay the fine, take traffic school and be done with it. Or do a trial by declaration and hope the officer does not respond. If that occurs you win by default. If you lose, request a trial and hope the officer does not show up. If he/she does show up present your case and see what happens. If you lose, go back to pay the fine and take traffic school.
Looking at the picture you posted, I would think that the violation was 22349( B) v.c. exceeding the max. speed limit of 55 mph on a two lane undivided roadway. If that is the case, then the officer only needs to show that you were exceeding 55 mph and not that your speed was unsafe. If you were cited for 22350 v.c. then that would be unsafe speed for conditions and the officer would need to show why it was unsafe for exsisting conditions. A little more info would help. Good luck.

P.S. I do not know how to get rid of that face after 22349. The face should be a B. For subsection B of 22349 v.c.

You seem to be in the 'know' LOL Yes 22349 and no the officer did not write a little happy face as you did. Interesting on the difference. More info? Sure ..came around a corner and we met coming opposite directions, we were both surprised, no time for lights etc ...he just motioned me over, which I did on the next straight. He 'says' radar 72mph in a 55mph zone (in the middle of 25MPH turn )

Baggers don't get cited in CA. You gotta get rid of that Strom.
Sincerely, Pole Gazer #1

LOL, ya .....NOW you tell me. BTW: Nice pic, had not seen that one

Michael said since he had planned the ride and that he was the oldest and should have known better than to be speeding, he will pay the fine and do traffic school for you. Now isn't that what friends are for?

LOL, ya right!! I'm glad no penalty for Mike and Steve and me needs to take my medicine. I will do whatever it takes to keep this off my record. But having said that ...i fyou can convince him ....I'm all for it!!!!

 

[OldMotor]

...I would think that the violation was 22349( B) v.c. exceeding the max. speed limit of 55 mph...P.S. I do not know how to get rid of that face after 22349. The face should be a B. For subsection B of 22349 v.c.

This won't help Reno, but when you use the letter B followed by the parenthesis ) the Forum software interprets this pattern as the symbol for B) You can get around it by using square brackets or put a period after the (B.), anything to break up the pattern of B & ).

 


Looks like you have offered Reno some good advice!

 


Thanks, I'll remember that.

 


RenoJohn,


Yeah, I do know a little about the CHP. Like I posted earlier, you really only have two options. The first is plead guilty and go to traffic school. You can do that every 18 months. That would be from violation date to violation date. Generally if you are 25 mph over the speed limit you cannot get traffic school. That is a rule of thumb and different judges throughout the state do slightly different things. the other option is to fight it. Up to you if you want an attorney or not. If you do it yourself, I would first do a trial by declaration. If that doesn't do it for you then set a court date. What you should do is file a "motion for discovery" either with the court or with the CHP Office that the officer works out of. Some counties, you file it with the court and some have you do it at the CHP Office. I would call the court to find out.

 


On the discovery motion what you want to get is the records of the officer's radar training (make sure he is current to use radar), the radar unit's calibration records (make sure the radar unit is within it's calibration period, done within three years prior to the citation) and the log book for the radar unit used. The log book must be filled out every day it is used by the officer. If you do not do the discovery motion, most likely the officer will not bring it to court. He is not required to by law, but in that court it could be required by the judge. All of this info is public knowledge, so I'm not divulging any "secrets" here.

 


After telling you all this, if the officer shows up, (most likely he will) you most likely will be found guilty. But you never know for sure. Good luck with it.

 

[RenoJohn]

A minor update. I'm not sure worth posting, but maybe beneficial to others

Called the court to ask a few questions. At the top of my list was: If I fight this and lose, can I still do traffic school??

And the answer was absolutely. I then told them that I was planning to fight it and I verbally went through what I expected was the drill *Send Money of bail amount *Send written notification that I intend to fight it etc.

I was WRONG on all.

*She said she'd take our conversation as good enough to set a court date.

*I need not send any money in, just be prepared to pay at court.

*She went off the court date on my ticket. I said that date would not work for me so without hesitation she extended until September with paperwork to that affect coming my way.

However, work has me out of town on that new date so I'll be asking for yet another extension once I get the paperwork (which was the plan anyway). I'll do this drill for as long as they'll tolerate it.

All of this was a surprise. I assumed I'd be sending letters, and money, etc. But, the biggest surprise? The court venue is NOT in Quincy but rather in Greenville Yep that tiny redneck town and you can hear the banjos dueling. Court in Greenville should be an experience all it's own. Purdy mouth or not.

It's gunna be a while before any resolution to this. ...And nice I've got plenty of time to think about my strategy and learn what might be effective. This will definately be a learning experience. Those of you with words of wisdom on fighting these things ...feel free to ping me via PM or email ...or here on this thread if you feel beneficial to all.

I'm going to court in Greenville LOL

 

[painman]

Don't have much advice that was already said, but sorry to hear about the ticket there John and hope all things work out for the better. I hate it when this happens and to think the insurance companies keep the PD's well stocked on up to date radar/lidar units.....go figure. Good luck and keep us updated. PM. <>< P.S. Don't know if this is worth anything or not but I'll put it in and not affilliated....

How To Beat A Ticket

 

[exskibum]

I'm late to the party here -- been off the site with dueling shitstorms.

I agree with Old Motor. With the 22349 b, you don't get to argue that your speed was safe for the conditions, and worse, you don't even get to argue that a radar based ticket was the product of an illegal speed trap under California's unique speed trap defense. (Which requires a showing that the road was surveyed for average speed, etc. within a set time and that a certain formula was applied to set the posted speed -- but not for over 55 or 65 tickets like this one).

My preference is to contest it via trial by declaration, with a request in my plea that if convicted, I can do traffic school (and you send checks in for bail and the traffic school fees). Check out the scene, gather the facts re the stop and the road, and then make the best argument you can for why you aren't guilty of that for which you were charged, or at least that you weren't going THAT fast. But don't lie or make things up. That way, if the officer doesn't feel like filling out his declaration, you get acquitted even if you don't have the most compelling of defenses. I'm guessing that the chances of that may be higher than for his not showing up for court.