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  1. #1
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    Feb 2011
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    Default How to Fight a VC 22349(A) Speeding Ticket in California

    I received a speeding ticket for going 91mph in a 65mph zone in Bishop County while on my way to Mammoth from Los Angeles. I was clocked with a radar The ticket is marked for "m" (misdemeanor) vs "i" (infraction). I have not fought the traffic tickets before, but got lucky twice when the officer did not show up in court. My last traffic school was more than 18 months ago, so I think I'm eligible, but saw someone posting here that going 25+mph over limit doesn't allow you to take traffic school. Also, the officer cited me for not having my plates on.

    Here are the questions I have:
    • Is it possible to move the court over to Los Angeles (250+ miles away from Bishop)
    • How and when should I file for "discovery" ?
    • Is it possible at all to fight the "no plates" citation?


    I would appreciate any help I can get on fighting this thing. Never gone through fighting tickets before, so consider me a rookie.

  2. #2
    Join Date
    Feb 2011
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    6

    Default Re: How to Fight a VC 22349(A) Speeding Ticket in California

    1 more addition: the officer didn't mark "misdemeanor" on the very top of the ticket, and just checked the "traffic" box. Not sure if it'll help, but he also wrote that I had no license plates for 3+ years, and I've only owned a car for 2.5 years, and have a proof of prior correction to the citation. Lastly, the CHP officer marked all my violations non-correctable. 91mph is very close to the limit of 90mph, so my guess is if I contest every mistake on the citation I may try to get it dismissed or close to 89mph which will make it an infraction.
    Please help or advise

  3. #3
    Join Date
    Apr 2009
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    SF Bay Area
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    Default Re: How to Fight a VC 22349(A) Speeding Ticket in California

    First off, 22349a is an infraction, not a misdemeanor. Even vc22348b - going over 100mph is an infraction.

    No, you can't change the venue to LA. You'll have to go back out into the boonies if things get to trial de novo. TBD would be a good start.

    When to file for discovery? With my tickets, I don't even bother until the TBD result comes in.

    What kind of defense would you offer if the plates were obviously not present. What's the exact statute you were cited for? The officer may not have marked it correctable, but you may still be able to handle it like any other fixit ticket if it's a correctable violation.

  4. #4
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    Feb 2010
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    CT & IL
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    Default Re: How to Fight a VC 22349(A) Speeding Ticket in California

    Quote Quoting aboss3
    View Post

    • Is it possible to move the court over to Los Angeles (250+ miles away from Bishop) .... NO
    • How and when should I file for "discovery" ? ... START TODAY IF YOU WISH
    • Is it possible at all to fight the "no plates" citation? ... POSSIBLE BUT THATS A TOUGH ONE .. MAYBE PLEAD THIS OUT PRIOR TO TRIAL


    I would appreciate any help I can get on fighting this thing. Never gone through fighting tickets before, so consider me a rookie.
    The only way you can win is to get the officer's visual estimate testimony stricken with a good cross & request to strike as well as keeping out the certificate of calibration of the RADAR unit or other documentary evidence of the RADAR unit (object - due to foundation issues is normally how its done) and arguments that he did not measure your speed with the RADAR unit per the manufacturer's instructions and/or attack his training (he may not have been trained with this specific RADAR unit but could have rec. training 20 yrs ago).

  5. #5
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    Default Re: How to Fight a VC 22349(A) Speeding Ticket in California

    Quote Quoting HonkingAntelope
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    The officer may not have marked it correctable, but you may still be able to handle it like any other fixit ticket if it's a correctable violation.
    I highlighted the "may" part since I'm guessing the officer will argue that he marked it as non-correctable pursuant to a "persistent neglect" (2 1/2 years with no plate PLUS a prior correctable violation that was/wasn't corrected) as described in VC 40610(b)(1).

    So this one MAY NOT fly as a correctable violation.

  6. #6
    Join Date
    Feb 2011
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    Default Re: How to Fight a VC 22349(A) Speeding Ticket in California

    So the CHP officer marking it a "misdemeanor" on the citation but not checking "misdemeanor" box on top made a mistake? And in this case I should be successful in transferring the venue to Los Angeles, correct?

    And what are we looking at if I will be charged with "persistent neglect" ?

  7. #7
    Join Date
    Mar 2009
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    LA LA Land
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    Default Re: How to Fight a VC 22349(A) Speeding Ticket in California

    Quote Quoting aboss3
    View Post
    So the CHP officer marking it a "misdemeanor" on the citation but not checking "misdemeanor" box on top made a mistake?
    Its not that big an issue... If you choose to bring it up, it will likely be corrected and your case will proceed accordingly.

    Quote Quoting aboss3
    View Post
    And in this case I should be successful in transferring the venue to Los Angeles, correct?
    Incorrect. You cannot request a change of venue from one county to another... Well, you can request it but it will not be granted.

    Quote Quoting aboss3
    View Post
    And what are we looking at if I will be charged with "persistent neglect" ?
    You don't get charged with anything... The "persistent neglect" provision in VC 40610 gives the officer the ability to cite a mechanical violation as non-correctable.

    Meaning you will likely have to pay the full fine this time around. It may also mean that if you don't make the correction, if get pulled over again, and if the officer happens to pull your driving record, he can cite you for it AGAIN and he can justify citing it as a non-correctable violation; which may mean that you will have to pay the full fine AGAIN the next time around.

    Point is, you CANNOT drive around without plates properly mounted on your car!

  8. #8
    Join Date
    Feb 2011
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    6

    Default Re: How to Fight a VC 22349(A) Speeding Ticket in California

    Well I understand what I did wrong. I am just seeking advice of getting out of this cituation without having to face misdemeanor and 1 point on the record. I understood all the consequences before commiting a violation. So on this forum I am only seeking some help or a legal advise on how to handle things and maybe fighting a ticket to lower speed to 89mph (for example) in order to avoid 25+mph over limit fines.

  9. #9
    Join Date
    Feb 2011
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    6

    Default Re: How to Fight a VC 22349(A) Speeding Ticket in California

    Also, I just noticed that I have 3 mistakes on my citation (including the one where the CHP checked "Traffic" violation on top of the ticket vs "Misdemeanor" as he checked next to VC 22349 (A)): the registered owner of the car is my wife, not me, and I didn't have the car for 3 years (no license plates) but 2.5 which I stated to him during questioning.
    Can it possibly disqualify the officer from testifying, as there are clearly 3 mistakes on one citation?

  10. #10
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    LA LA Land
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    Default Re: How to Fight a VC 22349(A) Speeding Ticket in California

    Quote Quoting aboss3
    View Post
    Also, I just noticed that I have 3 mistakes on my citation (including the one where the CHP checked "Traffic" violation on top of the ticket vs "Misdemeanor" as he checked next to VC 22349 (A))
    There are in fact "traffic misdemeanors"... So I'm not sure what your point is. At any rate, you can bring up the matter at the arraignment and when the judge reads off the violations you were charged with, he/she will properly advice you of the level of the charge at which time you can enter a plea accordingly. So, AGAIN, that error will not get you out of the citation.

    Quote Quoting aboss3
    View Post
    the registered owner of the car is my wife, not me
    Another harmless error (has no bearing on whether you committed the violations (speeding and driving without plates) you were cited for)... that can be corrected either at the arraignment or the trial.

    Quote Quoting aboss3
    View Post
    ... and I didn't have the car for 3 years (no license plates) but 2.5 which I stated to him during questioning.
    Point is, whether you had it for 2.5 years, 2.75 years or 2.8395629537 years is not the issue/reason why what you were cited. You were cited for driving the vehicle -on that date- without plates. The time period which you (or your wife) owned the vehicle for comes into play in proving the you knew or should have known that it is illegal to operate a vehicle on a public roadway without having properly mounted plates ESPECIALLY considering the fact that you were previously cited for THE SAME OFFENSE.

    Quote Quoting aboss3
    View Post
    Can it possibly disqualify the officer from testifying, as there are clearly 3 mistakes on one citation?
    The mistakes on the citation are the more reason why the court will require the officer to testify... So no dice on disqualifying the officer!

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