Whether or Not to Fight a Speeding Ticket, VC 22350

[AdviceSeeker11]

My question involves a speeding ticket from the State of:

Hello. I need some clarification about a ticket I received this morning. I was given VC22350 for putting mascara on. I know this is silly of me, but I was late to work and that was in a rush. I was crossing an intersection when a cop on a motorcycle saw me and turned left to come after me. There was slight traffic at 9am, so I was going slower than the speed limit. There was a good distance between myself and the car before me. The cop told me that I was being unsafe. I started putting the mascara on at a red light. I was done by the time I crossed that intersection. Accidents can happen while sipping from a coffee cup. I am not minimizing it, but really? that's what he put on the tix: VC 22350- speed (unsafe doing eyelash makeup). I was not speeding. No cars were swerving around me. Everyone was happy except for that cop. Any way I could fight this?
i work with kids on probation. This world is full of CRIME and i got a tix for putting mascara on, driving safely.

Please help!

[EWYLTJ]

Stand by for the swarm of lecturers that are about to swoop down and pick at your bones!!

The answer to your question is: HELL YES you should contest this ticket!!!

Let's go over a few things.

1. In a nutshell, 22351 basically says that if you are driving OVER a speed limit, you are presumed to be driving at a speed that endangers persons or property and it is YOUR burden to prove that your speed did NOT create a danger. But, if you are driving UNDER a speed limit, you are presumed to be driving at a speed that DOES NOT endanger persons or property and it is THE PROSECUTION's burden to prove that your speed DID create a danger. So, since you were under the limit, the burden of proof lies squarely with the cop/prosecution.

2. 22350 states:

22350. No person shall drive a vehicle upon a highway at a speed
greater than is reasonable or prudent having due regard for weather,
visibility, the traffic on, and the surface and width of, the
highway, and in no event at a speed which endangers the safety of
persons or property.

So, since your ticket had nothing to do with weather, visibility, traffic and surface/width of the road... the cop must be alledging that you endangered persons or property. So, I could imagine you asking some questions like:

-did my tires break traction?
-did another car have to swerve to avoid a collision?
-did a pedestrian have to dive out of my way?
-did I come very close to colliding with any other object?
-etc...

The point is, the cop will have to say you actually ENDANGERED someone or something (i.e. put someone or something at great risk due to your speed). What should be wholly insufficient would be for the cop to say that something COULD HAVE happened that would have endangered persons or property (i.e. a person COULD HAVE been walking across the street, etc.) You must have actually endangered someone.

Bottom line is... the CA legilature has chosen not to write a law addressing driving while distracted in general. They have passed laws specifically geared towards cell phones and texting, but not towards mascara. So, until the legislature passes a law that says that you can't put on mascara (and I wish they would), we are just going to have to live with women who do this. And we will have to live with men who shave, and people who read maps, etc....

[HonkingAntelope]

File a TBD. Odds are, the cop won't even respond for a flimsy case like this one.

[AdviceSeeker11]

You are AMAZING! Thank you so much! I was embarrassed to even ask, as it is a silly thing to do. But REALLY, a ticket for that! Thank you so very much for your help! I am feeling much better about this! I wonder how much this ticket is even going to be! I truly truly appreciate your help!!!

may i ask what a TBD is?

May I ask what a TBD is?

[adam_]

I'd love to ask the cop:

"So officer, what, in your expert opinion, is the SAFE speed for putting on mascara?"

TBD is trial by declaration or trial by written declaration.

Just say "I was driving at X, limit was Y, I was not speeding, it was clear, light and dry. DO NOT bring up mascara IMO.

[EWYLTJ]

I'd love to ask the cop:

"So officer, what, in your expert opinion, is the SAFE speed for putting on mascara?"

I'd be careful about that. His obvious answer would be "0 mph!!"

TBD is trial by declaration or trial by written declaration.

Just say "I was driving at X, limit was Y, I was not speeding, it was clear, light and dry. DO NOT bring up mascara IMO.

I agree with this. You basically have to ask lots of questions and get the cop to make your case for you. Here is more of what I would ask after he brought up the thing about the mascara:

-do you believe I was distracted from driving?
-how long was I distracted?
-Is this an unreasonable amount of time to be distracted?
-have you ever had to change the channels on your radio while driving?
-have you ever read or responded to a message on an onboard computer in your police car?
-have you ever had to divert your attention from driving because of a suspect in your back seat?
-have you ever read a billboard while driving... especially an electronic billboard?
-have you ever had to write down notes while driving?
-how long would each of these action take?
-were you guilty of violating 22350 when you did any of these actions?

also remember that you need to drive home the point that, as per VC22351, the burden is on the prosecution to PROVE beyond a reasonable doubt that your SPEED caused a danger to persons or property and if no proof of excessive danger existed, then you cannot be found guilty.

[AdviceSeeker11]

Thank you again so very much! I wish I could take you with me! You have been so helpful! i am going to fight this and will post my results. I hope that the judge has a sense of humor and/or the cop won't show. I am taking notes, printing everything and turning into a 'mini-attorney' Thank you so much again!