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  1. #1
    Join Date
    Feb 2011
    Location
    San Francisco, California, United States
    Posts
    5

    Default Options After Getting a Speeding Ticket, VC 22349(A)

    My question involves a speeding ticket from the State of: CA 22349a

    -I am cited for a 22349(a) 81 on a 65 by CHP
    -Warned for driving on a carpool.

    Short summary:
    Was driving up to ski on I80 @ 6:15am. Wasn't aware of the carpool as this wasn't my normal route I take everyday. Was pulled over slightly pass Oakland near Emerivilla. 100% of this ticket is true, and when asked do you know how fast your going I said 80.

    I got a few questions as to how I go about fighting this ticket.

    1. Is it true that if I do a trial by declaration I lose my rights to a speedy trial? But I gain an advantage of getting 2 chances, and can see the CHP declaration for my next trial?

    2. When is the best time to file a informal request for discovery? Beside the CHP's notes what should I asked in the informal request for discovery?

    3. At the arraignment, is this were I ask the prosecution can he/she lower the speeding ticket to maybe a fine that have no point deduction to it? Is this where I request a change of seat also; from Oakland to San Francisco?

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Got a 22349(A)

    Quote Quoting William Ng
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    1. Is it true that if I do a trial by declaration I lose my rights to a speedy trial?
    The speedy trial provision do not apply to the TBD phase... They would later if you lose the TBD and choose to go to a Trial De Novo.

    Quote Quoting William Ng
    View Post
    But I gain an advantage of getting 2 chances
    Yes.

    Quote Quoting William Ng
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    and can see the CHP declaration for my next trial?
    Yes.
    Quote Quoting William Ng
    View Post
    2. When is the best time to file a informal request for discovery?
    As soon as your citation is filed with the court.

    Quote Quoting William Ng
    View Post
    Beside the CHP's notes what should I asked in the informal request for discovery?
    Witness list.
    Calibration of the device/speedometer used to estimate your speed.
    Officer's P.O.S.T. certification.

    Quote Quoting William Ng
    View Post
    3. At the arraignment, is this were I ask the prosecution can he/she lower the speeding ticket to maybe a fine that have no point deduction to it?
    Best you can hope for at the arraignment is a fine reduction. Even when you go to trial, and since typically, there is no prosecutor (just you, the officer and the judge/commissioner), and since the judge can not plea bargain with you, and the officer is not likely to change the violation, the chances of you getting it "reduced" to a non-mover are slim to none! You can request traffic school and that will result in a dismissal but I see from your other thread that you have two 22349(a) citations... Unfortunately, you can only have one traffic school dismissal every 18 month period.

    Quote Quoting William Ng
    View Post
    Is this where I request a change of seat also; from Oakland to San Francisco?
    Typically, a change of venue must be request prior to the arraignment. However, you can not request a change of venue from one county to another. And if I remember correctly, Oakland is in Alameda County and San Francisco is in San Francisco county, so a change of venue request is not going to work for this citation or for the other...

  3. #3
    Join Date
    Feb 2011
    Location
    San Francisco, California, United States
    Posts
    5

    Default Re: Got a 22349(A)

    Thanks, That Guy. Your the best.

  4. #4
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Got a 22349(A)

    Can you post the ticket or link to it? Hopefully, before you plead. You may have options for stuff that could be a before-u-plead option(s).

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