First speeding ticket, CVC 22350 50mph in 35

[kroepuk]

Hi there, i need help on how to contest my ticket

I got my 1st speeding ticket today, around 3:30pm on Hawthorne Blvd, Hawthorne, CA. prior to this i have a clean driving record... what a bad sunday

The ticket said CVC 22350, for me driving 50mph at the 35 mph zone. and said that the Speed approx 50mph, Pf/Max Spd 35mph, Veh Limit 35mph, Laser 51 mph

It was clear day, not much of traffic on Sunday and hawthorne blvd at least have 4 lanes with most people i believe driving around 45-50mph all the time except maybe during rush hour..
I heard about the speed trap law, can it be aplicable on my case?
Does the court have to provide the street survey on my case? if not, how can i get a copy of the street speed survey?

Should i plead guilty or contest the court?

I have a court date of 10/31/06 can anyone please shed me some info?

Thanks

[IAAL]

Hi there, i need help on how to contest my ticket

I got my 1st speeding ticket today, around 3:30pm on Hawthorne Blvd, Hawthorne, CA. prior to this i have a clean driving record... what a bad sunday

The ticket said CVC 22350, for me driving 50mph at the 35 mph zone. and said that the Speed approx 50mph, Pf/Max Spd 35mph, Veh Limit 35mph, Laser 51 mph

It was clear day, not much of traffic on Sunday and hawthorne blvd at least have 4 lanes with most people i believe driving around 45-50mph all the time except maybe during rush hour..
I heard about the speed trap law, can it be aplicable on my case?
Does the court have to provide the street survey on my case? if not, how can i get a copy of the street speed survey?

Should i plead guilty or contest the court?

I have a court date of 10/31/06 can anyone please shed me some info?

Thanks

My response:

First of all, what are you doing on Hawthorne Boulevard? Unless I was headed for a court appearance, you wouldn't catch me dead driving on that road!

Okay, this one's easy. You were cited for violating California's "Basic Speed Law" - - not a big deal. You can either appear in court on the date specified, and ask for Driving School, or you can also do this from your computer, today. It's cheap, and these schools are as close as Google!

You'll still have to pay the court fine - - but, if you do this by mail, you won't have to pay the government code "enhancements."

California Vehicle code section 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."


You can try to fight the ticket, but it's a loser for you. There is no way a traffic judge is going to let you off the hook on this one. Let me know if you need more help.

IAAL

[kroepuk]

Hi, thanks for the reply..

Can you elaborate more?
Does that mean i shouldnt contest?
i still believe that everyone in hawthorne blvd drive more than 45 mph.,


How do i know how much is the fine, and where to pay it too?
Do i need to do anything as of now?

[IAAL]

[QUOTE=kroepuk]Hi, thanks for the reply..

Can you elaborate more?

MY RESPONSE: There's not much more to elaborate. You got stopped for moving too fast; it's as simple as that. It's no big deal.


Does that mean i shouldnt contest?

MY RESPONSE: You'd be wasting your time. Do you really want to go to trial over a minor speeding ticket?



i still believe that everyone in hawthorne blvd drive more than 45 mph.,

MY RESPONSE: That's very true. Do you also want to jump over a cliff if everyone else jumps? You were just unlucky enough to get caught, that's all. It's really no big deal.



How do i know how much is the fine, and where to pay it too?

MY RESPONSE: Take and complete Driving School, first. Get your Certificate, and send it in with your ticket (keep a copy). Then, call the Clerk (number is on the ticket) and ask for the amount - - then pay it. Your insurance will not go up due to the fact that you're going to complete Driving School, and your ticket will not be reported to the Department of Motor Vehicles, and thereby, your insurance company.


Do i need to do anything as of now?

MY RESPONSE: Yes. Complete Driving School. You can take the test on your computer.


Good luck to you, and stay at the speed limit, or less if the road conditions warrant it. Read the code section again!

IAAL

[IAAL]

My further comment:

Are you okay? You haven't fainted, have you?

IAAL

[kroepuk]

I just got back from from movie, it's hot at home

So, i can take the traffic school first before even going to the court?
i dont understand, dont you need to go to court first and ask for traffic school?
or at least from what i used to hear that if the officer didnt show up on the date of the court, then the ticket is dismissed?

[IAAL]

I just got back from from movie, it's hot at home

So, i can take the traffic school first before even going to the court?
i dont understand, dont you need to go to court first and ask for traffic school?
or at least from what i used to hear that if the officer didnt show up on the date of the court, then the ticket is dismissed?

My response:

No, not for traffic infractions. When you go online, you'll see and read all the rules for traffic citations; e.g., which are eligible, and instructions for taking the course. It'll cost you about $30.00, and the court is only interested in obtaining the fine.

Your first appearance in court is called your "Arraignment". The officer doesn't show up for that. All that you'd be doing is pleading innocent or guilty, or guilty with an explanation. If you plead innocent, or the judge doesn't buy your explanation, the judge will set your citation for trial. It's at the trial that the "accusing party" (the officer) must appear.

Believe me, the officer will appear if you ask for a trial, it will cost you more for trial expenses, plus you'll be paying the fine WITH the enhancement fees, and increased insurance rates, and there will be no begging for Traffic School.

I told you, this is a losing situation for you. Your best bet is to ameliorate and mitigate your expenses - - both your fines and insurance expenses.

How was the movie?

IAAL

[kroepuk]

Sorry, for the questions, i just want to make this clear since this is my first time getting a speeding ticket..

So, first i go the court on the day that was written on the ticket.
Then i plead guilty and then i ask for online traffic school from the judge?
and pay the fine?
Once i finished the traffic school, the ticket wont show up on my dmv record and it wont raise my insurance?
and i cant take another traffic school for around 18 mos?

The movie was okay, just need to spend the afternoon somewhere cool

[IAAL]

[QUOTE=kroepuk]Sorry, for the questions, i just want to make this clear since this is my first time getting a speeding ticket..


So, first i go the court on the day that was written on the ticket.

MY RESPONSE: No, no, no. That's not what I said. You won't have to appear in court if you take Traffic (Driving) School. This is not felony bank robbery! Just call the Clerk, okay?


Then i plead guilty and then i ask for online traffic school from the judge?
and pay the fine?

MY RESPONSE: Please, I beg you, with milk toast, read my responses to you again until it sinks in.


Once i finished the traffic school, the ticket wont show up on my dmv record and it wont raise my insurance?

MY RESPONSE: That is correct!! Ding, Ding, Ding!! You win!!


and i cant take another traffic school for around 18 mos?

MY RESPONSE: That, too, is correct. So, you had better keep your nose clean for 18 months.


The movie was okay, just need to spend the afternoon somewhere cool

MY RESPONSE: I know. It's been 118 degrees outside. But, with two 6 ton air conditioners in my mansion, I don't feel a thing!


Was that okay, Aaron?

IAAL

[aaron]

I think you would be better served by six two ton air conditioners... or maybe not. But whatever keeps your head cool is fine by me.