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  1. #1
    Join Date
    Apr 2012
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    2

    Default Speeding Ticket in California but Live in Canada, VC 22356b

    My question involves a traffic ticket from the state of: California

    I was stopped in Siskiyou county at 7:05AM on April 27th, 2012. The officer clocked me at 91mph in a 70 zone using a radar and wrote me up for a VC 22356b. I honestly do not believe I going 91mph. I was traveling with the flow of traffic and wanted to pass a line of four trucks traveling under the speed limit so I sped up. I'd say I hit somewhere around 80mph, but he wrote me down as 91mph and wouldn't get me a break.

    I live in Vancouver, BC, Canada. What options do I have for fighting this ticket, and what gives me the best chance at beating this ticket?

    Also, about one year ago, I received a warning in the state of Washington. The officer who gave me the warning told me that if I received another ticket in the next two years, I'd have to pay both tickets. Did the officer mean another ticket in the state of Washington or in all of the USA? Does a ticket in California affect my past warning in Washington?

    Another question is, how much is the VC 22356b ticket going to cost?

    Thanks
    Sean

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
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    7,735

    Default Re: Speeding Ticket in California but Live in Canada, VC 22356b

    Quote Quoting 761349
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    I was stopped in Siskiyou county
    No you weren't!



    Quote Quoting 761349
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    The officer clocked me at 91mph in a 70 zone using a radar and wrote me up for a VC 22356b. I honestly do not believe I going 91mph. I was traveling with the flow of traffic and wanted to pass a line of four trucks traveling under the speed limit so I sped up. I'd say I hit somewhere around 80mph, but he wrote me down as 91mph and wouldn't get me a break.
    Unfortunately, there isn't much you can say or do to dispute his Radar estimate. Additionally, you were cited for driving in excess of the absolute maximum speed limit in California.... So you're admitting to 80 makes you just as guilty as you're admitting to 91... The fine is higher for the higher speed, but again, you're pretty much stuck with 91. And for future reference, and unlike Washington State, California does not allow you to exceed the speed limit when passing. Also, those four trucks (I assume you mean tractor trailer/18 wheelers... etc), weren't driving under the speed limit, they are restricted to a 55mph limit.

    Your one option to fight it would be via a trial by written declaration (TBD), but I'm not sure what sort of defense you could offer... Keep in mind that for you to be able to do a TBD, you will have to post bail equal to the fine amount (which is refunded to you if you prevail after a trial). Your only chance at prevailing as I see it, is if the officer failed to submit his declaration, though you should keep in mind that if this is a California Highway Patrol issued citation, they usually are pretty diligent about declarations and court appearances and such.


    Quote Quoting 761349
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    Also, about one year ago, I received a warning in the state of Washington. The officer who gave me the warning told me that if I received another ticket in the next two years, I'd have to pay both tickets. Did the officer mean another ticket in the state of Washington or in all of the USA? Does a ticket in California affect my past warning in Washington?

    I am not aware of any "warning" citation that is tracked for 2 years, but even if... That is Washington, this is California!


    Quote Quoting 761349
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    Another question is, how much is the VC 22356b ticket going to cost?
    For 21mph over the limit, you're looking at approximately $360.
    I am right 97% of the time... Who cares about the other 4%!

  3. #3
    Join Date
    Apr 2012
    Posts
    2

    Default Re: Speeding Ticket in California but Live in Canada, VC 22356b

    Anyway I can request a reduction in fine because I am a student (struggling to pay off tuition to be honest)?

    Thanks.

  4. #4
    Join Date
    Mar 2009
    Location
    LA LA Land
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    7,735

    Default Re: Speeding Ticket in California but Live in Canada, VC 22356b

    Quote Quoting 761349
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    Anyway I can request a reduction in fine because I am a student (struggling to pay off tuition to be honest)?

    Thanks.
    I don't know when your appearance date is scheduled for but a request for a fine reduction will require that you appear in person before the judge for your arraignment... And even then, there are no guarantees that one will be granted!


    Also, to request a fine reduction, the presumption is that you will be pleading guilty! Just so you know!
    I am right 97% of the time... Who cares about the other 4%!

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